Erin Patterson Appeals Mushroom Murder Convictions

Erin Patterson, convicted of murdering three relatives with death cap mushrooms, appealed her convictions Wednesday before Victoria's Court of Appeal in Melbourne, Australia.

Three judges are hearing the appeal over two days against Patterson's convictions on three counts of murder and one of attempted murder tied to a beef Wellington lunch she served at her home in Leongatha in July 2023. Prosecutors are separately appealing her sentence, arguing she should receive life without the possibility of parole rather than the minimum 33 years she was given in September.

Defense lawyer Richard Edney told the court a "very serious breach of sequestration" occurred when jurors were housed in the same hotel as a police witness and prosecution team members during the trial. Prosecutor Brendan Kissane countered there was "no actual contact between any juror and any other person."

Another defense lawyer, Veronika Drago, argued the court wrongly admitted phone-tower evidence suggesting Patterson's phone had been near towns where death cap mushrooms were reportedly sighted, saying the evidence only showed her phone "had possibly been in the area" and was unfairly prejudicial. Prosecutor Jeremy McWilliams said the evidence showed Patterson had an opportunity to deliberately source the mushrooms before the lunch.

The defense also argued that a five-day cross-examination of Patterson by prosecutor Nanette Rogers was "unfair and oppressive," and that the trial judge wrongly allowed evidence from Patterson's Facebook friends. A third defense lawyer, referred to in filings as Vargo, argued prosecutors shifted their case from initially saying there was no evidence of motive to later suggesting animosity toward her husband's family drove the killings — though she said she was not alleging deliberate misconduct.

Patterson's estranged husband, Simon Patterson, was invited to the lunch but did not attend. His parents, Don and Gail Patterson, and Gail's sister, Heather Wilkinson, died after the meal. Heather's husband, Ian Wilkinson, survived after weeks in the hospital.

Patterson, 51, has maintained the poisoning was accidental. If the appeal succeeds, judges could overturn her convictions and order a retrial. She watched Wednesday's hearing by video link from prison.