After a group of reporters contacted their own lawyers, the Brooklyn courtroom was open to the media.
When Brafman began talking to Matsumoto publicly about the negative comments about his client, Shkreli smirked broadly at reporters in the gallery. Sitting behind those journalists was Shkreli's father.
Brafman criticized the Post's headline for being inaccurate. He said only a fraction of those dismissed on Monday had voiced criticisms of Shkreli. Most, he said, were excused because of scheduling conflicts, family and work commitments and medical issues.
Brafman said he feared that some potential jurors would feel they were being portrayed as idiots because they did not have negative views about Shkreli.
Katherine Bolger, a lawyer representing a group of media outlets, argued via telephone against barring the pool reporter from listening to jurors being questioned out of the earshot of the gallery. Those sidebars happen if potential jurors say they have a conflict of some sort that would make it difficult for them to serve.
Bolger said the media coverage accurately reflected the fact that a number of people have negative opinions of Shkreli, which he himself helped to create by his conduct. That includes having raised the price of a drug used by some pregnant women, infants and people with HIV by more than 5,000 percent.
While free on $5 million bail, Shkreli has repeatedly made controversial comments on social media and elsewhere.
"He created these opinions himself," Bolger said.
Barring a pool reporter, the lawyer said, "Will not stop people from having bad views of Mr. Shkreli."
And, Bolger added, "Frankly, the fact that you can't find a sympathetic jury for the guy, apparently, is something the public has a right to know."
Brafman argued strenuously against Bolger's push for continued press access to the sidebars, but did concede one point.
"Mr. Shkreli, God bless him, has created part of the problem," Brafman said.
That view was underscored by comments made by a woman who was questioned later in the day as a potential juror.
The woman told Matsumoto that "I have lot of friends who are LGBT," or lesbian, gay, bisexual or transgender. One of those friends, the woman said, takes Daraprim, the medication whose price was increased sharply by Shkreli in 2015.
"I've cried with them," the woman said of her friend. I don't think I would be the right person to sit [on the jury]." She was excused as a juror.
David Kelly, the former United States Attorney for the Southern District of New York, the federal prosecutor's office that covers Manhattan and several other downstate counties, said the pace of jury selection "isn't unusual in a case like this."
"It's going to be tough to get jurors to serve and to find an impartial jury but they will," Kelly told CNBC. "I've been on cases that have taken an hour to find a jury and cases that have taken a week."
Kelly called Brafman's request for a mistral "a smart move."
"He has to make that motion. It sets up for an appeal," Kelly said, referring to the possibility that Shkreli is found guilty, and will seek to reverse that conviction on one or more grounds.
Monday's proceedings, a day before the mistrial request, went slowly because of the time it took jurors to be screened for conflicts or bias.
The judge plans to seat 12 jurors with six alternates.
Shkreli is being tried ahead of co-defendant Evan Greebel, who was a business lawyer for Retrophin. Greebel, who likewise has pleaded not guilty, is expected to go on trial later this year.
While maintaining Greebel's innocence, the co-defendant's lawyers earlier this year called Shkreli a serial liar who is "guilty" of fraud.