Doctor in knockoff Botox case seeks new trial alleging juror misconduct

Attorneys representing a Las Vegas doctor and his wife are requesting a new trial after learning of potentially improper behavior by some of the jurors who found them guilty in November.

One of the jurors who found Dr. Stephen Seldon and his wife, Deborah, guilty came forward after the trial and said jurors discussed evidence during the trial and considered inadmissible evidence during deliberations, according to a motion filed by defense attorney Ronald Richards.

Richards is requesting permission to interview all of the jurors.

Seldon and his wife were found guilty of charges related to selling to patients a substance similar to Botox that had not been approved by the government.

During jury selection, jurors misrepresented their feelings toward the parties and their profession, Richards claimed in his motion.

"They focused on the body language of Deborah Seldon, namely lack of eye contact while her husband was testifying," the motion states. "They also focused on the inadmissible fact as to their lack of wedding rings."

Richards said jurors also failed to follow the judge's direction not to discuss evidence before deliberations.

"All of these errors warrant a new trial," Richards wrote in his motion.

The government claimed Seldon and his wife, an office assistant, advertised Botox treatments and required their patients to sign contracts agreeing to the procedure. Instead of using Botox, a substance approved by the Food and Drug Administration, Seldon used a cheaper drug called TRItox. Prosecutors said the vials of TRItox carried a label that read "For research purposes only, not for human use."

The Seldons have yet to be sentenced.

Contact reporter Adrienne Packer at apacker@reviewjournal.com or 702-384-8710.