By Denise Lavoie, AP Legal Affairs Writer

BOSTON (AP) — A New York man convicted of killing his ex-girlfriend on Nantucket in 2004 is asking the highest court in Massachusetts to overturn his conviction because two jurors allegedly slept through parts of his trial.

Thomas Toolan III, a former Citigroup executive from New York City, was convicted of murder in the death of Elizabeth Lochtefeld after a jury rejected his insanity defense.

In his appeal, Toolan’s lawyers say two jurors were seen sleeping during the 2007 trial and that prevented Toolan from getting a fair trial.

Prosecutors dismiss the claim, saying the judge saw one juror with his eyes closed briefly, but reminded the jury to pay attention.

The Supreme Judicial Court is scheduled to hear arguments in the case on Friday.

(© Copyright 2011 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

Comments (4)
  1. Cynic says:

    Sleeping hell…Even a dead man could tell he was Guilty.

  2. Mass REsident says:

    they were bored for ihe was guilty and it was a waste of tax payer time

  3. anne poole says:

    It was really dumb of the judge not to approve a change of venue. Then, there would have been little chance of the conviction being overturned. As for allowing a sleeping juror, that was dumb also.

  4. Homepage says:

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