CLEVELAND -- Judge Lioi held an evidentiary hearing Monday seeking the new trial.
McCafferty's attorney's contend that after McCafferty's trial, they learned that Frank Russo was seeking psychiatric counseling and prescribed anxiety medication that may have affected his testimony during McCafferty's corruption trial.
McCafferty was convicted in March on all five counts of lying to the FBI.
She will be sentenced Monday.
Frank Russo, former Cuyahoga County Auditor has already been convicted and sentenced to 22 years in prison in the Cuyahoga County corruption scandal.