Regional News
Convicted Chadron murderer files motion for new trial
Published Wednesday, November 18, 2009 at 11:59 AM
Dawes County Public Defender Paul Wess and Jeff Pickens of the Nebraska Commission on Public Advocacy don't spell out any specifics in their motion, offering just standard judicial language alleging irregularities in the proceedings that prevented a fair trial.
The 26-year old Hotz was convicted last week of 2nd degree murder and felony use of a weapon in the stabbing death of 22-year old Kenny Pfeiffer Jr, and of 2nd degree attempted murder, terroristic threats, and 2 more weapons counts in an unsuccessful knife attack on Rolland Sayer in Sayer's own home.
A key part of the argument for a new trial is expected to be Dawes County District Judge Brian Silverman's announcement on the last day of testimony that he would not allow the jury to consider a verdict of "not guilty by reason of insanity."
Pickens and Wess had made that the center point of their defense...basing it on drug-induced psychoses and delirium from hallucinogenic mushrooms. They said after Hotz was found guilty that the timing of Silverman's ruling left them no time to develop an alternative strategy.
No date has been set for hearing the motion for a new trial, but Hotz is scheduled for sentencing January 12th. He remains in jail on $5-million dollars bail.
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- © 2008 Rural Radio Network. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.