PITTSBURGH (AP) — A businessman will get a new trial on mortgage fraud charges because his defense attorney was seen sleeping by the judge, witnesses and the federal court jurors who convicted him last year.

U.S. District Judge Donetta Ambrose ruled James Nassida was denied a fair trial because Stan Levenson dozed during the October trial. Levenson has acknowledged that he fell asleep because he was taking cold medicines that made him drowsy.

Because Levenson was seen sleeping several times during the October trial he "therefore was not functioning as counsel during a substantial portion of Mr...