After a jury convicted Richard Gamache of first-degree murder and sentenced him to death, Gamache's counsel and the trial court learned that during deliberations, court personnel inadvertently gave the jury a videotape that had not been admitted into evidence. During its deliberations, the jury watched the video twice in full and a third time in part before reaching its verdict. The video showed a police interview of Gamache and his co-defendants on the day of the murder in which Gamache confessed to the crime in graphic terms.

The video showed Gamache explaining, for example, that given the opportunity he would have shot police officers. Quoting Gamache on the video as stating, "If I figured, if I had any idea I was about to be arrested, I'd have started shooting..... I figure if I'm going to die....... I'm going to take one or two with me."

If were an appellant justice, how would you rule on the request for a new trial?