Simmons' Attorneys To Request New Trial

, Written by Craig Smullin, Posted: Tue, March 13 2012 at 4:18 PM, Updated: Mon, February 10 2014 at 10:10 PM

On the eve of sentencing, William Simmons defense team says they have a game changer... an 11th hour witness.

"We've got a person that we knew nothing about, I found out about it on Monday morning before the jury went out."

Based on that new witness, attorneys say they will be asking for a new trial after Simmons was found guilty last month of manslaughter in Kaelin Glazier's death.

"If there is such a motion I will entertain it and review it."

The 16-year old Ruch girl went missing in 1996, her body not found until 2008... across the street from William Simmons former home.

But the defense team wasn't done... "We believe that's an error, the trial judge can correct that error."... making their second request that Judge Bloom toss out the manslaughter charge, which was added as an option for jurors late in the trial... once again Judge Bloom denied it.

"I believe the motion should be denied as well."

That denial means Simmons will be sentenced Wednesday... but the defense will file for a new trial within 10 days of sentencing.

For Ruch residents like Granny Dollar, who've followed this ordeal for 16 years, a new trial would be devastating.

"Very distraught because this has been going on for 16 years and if the jury made up their minds on what they want to do - leave it."

While District Attorney Mark Huddleston has acknowledged a lack of hard evidence against Simmons, this new witness would have to have very compelling testimony for a new trial to be granted.

About the Author

Craig Smullin

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.

Catch Craig co-anchoring with Natalie Hurd weekdays on NBC 5 News at 6pm.

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