The Problem with Erik | Update: Judge Orders a New Trial
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Texas Monthly. Hi, it's Katie Vine. I wanted to check back in with you to share a development in the case at the heart of our show, The Problem with Eric. In the show's last episode, I told you about the weeks Anna and I spent in court at the trial for the murders of Holly Williams and Bill Lanway. At the end of the trial, three men were convicted of conspiring in murder for hire. Brian Brockway and Adam Carey, who were accused of carrying out the murders, and Eric Mond, who was accused of paying for them.

They faced mandatory life in prison. The only thing left was a hearing where they'd be formally sentenced. Finally, the story had an ending. Except, not quite. This week we got some stunning news: the judge ordered a new trial. This was a surprise because after watching the whole trial, I hadn't seen anything suggesting impropriety. But according to U.S. District Judge William Campbell, it turns out the jury in the case got to see some evidence it shouldn't have.

The order is 32 pages long, but it boils down to a one-sentence explanation. The judge wrote, "An administrative mistake caused certain exhibits not admitted into evidence to be given to the jury as it began deliberations." Here are the specifics. He says that due to the error, the jury saw nine exhibits from the prosecution — text messages, photos, recordings, and bank records — that hadn't been formally introduced in court.

Another exhibit that should have been partially redacted went to the jury without redactions. Then there were also three exhibits the jury should have received but didn't. These included some other phone records and texts and aerial surveillance footage of Eric Mahon's home.

The judge wrote, "This isn't the first time this kind of thing has happened, and it won't be the last. Usually the error is harmless, but in this case it might have made a difference." This, the judge said, amounted to a structural error in the case, something incredibly rare. Interestingly, the order suggests court staff might not have noticed the mistake if it weren't for requests from media outlets, like Texas Monthly, to get copies of the exhibits in the case.

The prosecution has 30 days to appeal the judge's order. If they don't, the court will likely schedule the new trial for some time in 2025. Until then, Eric Mond and the rest of the defendants remain in prison. We'll be watching the case and have more for you here. Thanks for listening.