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.