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It's certainly not a first. But it isn't good. Defense attorney Anthony Bryan moved for mistrial in the Vincent Brothers case today because of his own conduct outside the courtroom.

Juror 407 overheard Bryan yell into his phone, "guilty, guilty, guilty." The judge said obviously bryan wasn't talking about Brothers and instructed the jurors to disregard what they heard in the hallway. Earlier, he had stern words for Bryan, whom he's warned on numerous occassions about court distractions. The prosecutor and the judge have both complained about Bryan talking too loudly to his co-counsel during trial. They've complained about him getting up and leaving while in session. And the judge has warned Bryan that he would "own that phone" after his cellphone rang on several occassions in court. Frankly, Bryan is a tough character to love.

And yet, as he sat there listening to the accusation against him, Bryan couldn't look the judge in the eye. It bordered on pitiful. Bryan appeared to stare at the wall with a sad expression. A pregnant pause. Then he leaned over and whispered something in co-counsel Michael Gardina's ear. Gardina made the announcement. "We're going to move for a mistrial now based on Mr. Bryan's outrageous behavior," Gardina said. Ouch.