But Reiman argued that Peithman should get a new trial on the other six charges, because jurors learned information at trial about Peithman that he otherwise could have fought to keep them from knowing. Namely, that Peithman had previously gone to prison and was on supervised release.

As it was, the information was relevant to count 14, so he didn't, Reiman said.

At a hearing Wednesday on the motion, he tried to share in the blame for what happened, but Kopf stopped him.

"It's my fault, not your fault, not the government's fault," the judge said. "But in good conscience, I don't see how there was any prejudice to your guy at all."

Regardless, Reiman said he would have tried the case differently.

But, Kopf said, Peithman himself made 18 references in voluntary statements, after he was given Miranda warnings, to being in prison or on supervised release as his reason for not being part of the business. Elder gave that as a reason, too, he said.

Then there were the calls between them talking about business while Peithman was in prison, Kopf said.

Assistant U.S. Attorney Sarah Fullerton said it absolutely would have been part of her case in chief.