Written by Craig Smullin, Posted: Wed, February 15 2012 at 4:43 PM, Updated: Wed, February 15 2012 at 4:50 PM
One day after William Simmons was found guilty of manslaughter in the death of Kaelin Glazier, his attorneys are working on ways to get their client out of jail.
They don't think it's too late despite the jury's verdict... they are preparing for sentencing March 14th... by interviewing a new witness they say has vital information.
"Manslaughter in the 1st degree the verdict is guilty, 10 or more jurors concurring."
But attorneys Andrew Vandergaw and Michael Bertholf asked for a delay in sentencing, so they could interview a person in Pendleton who just came forward... claiming to have vital information in the case... so vital it could change the outcome of this case.
"We believe that there is additional information that has substantial bearing on this how this case goes forward."
Perhaps another plan of action for the defense, working to get the jury's decision overturned due to a lack of physical evidence... something D-A Mark Huddleston acknowledged after the verdict.
"This was a case where there is no direct forensic evidence that tied the defendant to the crime."
Tom Petersen, a former prosecutor and current partner at Black, Chapman, Webber and Stevens... SAYS Simmons defense attorney's have options.
"Make a motion in an arrest of judgement or move for a new trial. It's on the defendant to make that move."
While Petersen says a judge can throw out a jury's decision for lack of evidence... it's unlikely. "I think most judges are reluctant to get into it on their own unless it's a really egregious error."
Craig Smullin co-anchors NBC5 News at 6 and hosts the 5 on 5 Feature Interview on NBC5 News at 5. A native of the San Francisco Bay Area, Craig graduated from Cal Poly in San Luis Obispo, California with a degree in Recreation Administration and Sports Management.
Since joining NBC5 News in 2005, Craig has performed virtually every job in the newsroom: News and Sports Reporter, Sports Anchor, Producer, series and segment Host and Anchor of NBC5 News at Sunrise and NBC5 News at 5. When he's not reporting news, Craig spends time with his wife, young son and two dogs. He is a dedicated fan of the San Francisco 49ers and Portland Trailblazers and loves snow boarding the slopes of Mt. Ashland.