Alternative basis for motion -- Campbell's attorney Richard "Elusive Butterfly" Brodsky moved around too much during trial (seriously):
By way of example, during examination of one witness, counsel for Defendant stood up and walked around the courtroom and toward the jury looking for some item, interrupting the testimony being presented, until he was directed to return to his seat by the Court. Similar inappropriate conduct was the norm, rather than the exception, during trial.There's more -- Brodsky also allegedly disrupted "the flow":
counsel for Defendant interrupted direct and cross examinations conducted by counsel for Plaintiffs for improper purposes and in an untimely and inappropriate manner. Said interruptions made it very difficult for counsel for Plaintiffs to maintain “a flow” during said direct and cross examinations which was a large concern with LUTHER CAMPBELL since LUTHER CAMPBELL was very evasive and easily distracted.Needless to say, Brodsky doesn't agree, describing these arguments as "absurd and fatuous" (coincidentally, also the name of Brodsky's first band back in high school).