In a recent development, Jose Ibarra, an illegal immigrant from Venezuela convicted of the brutal murder of Georgia nursing student Laken Riley, has petitioned for a fresh trial.
His legal team has raised allegations of "errors of law" that they argue warrant a retrial.
As reported by The Post Millennial, Ibarra's attorneys filed a motion on Monday, asserting that the verdict handed down by Athens-Clarke County Superior Court Judge H. Patrick Haggard was "contrary to law" and "contrary to the evidence." Ibarra had relinquished his right to a jury trial, leaving the decision in the hands of Judge Haggard. The motion further claimed that the court "committed other errors of law that necessitate a new trial."
The details of these alleged legal errors were not specified in the motion. However, the attorneys noted that Ibarra retains the right to augment the motion "after a full and thorough view of the facts and circumstances attendant to the trial of this case."
On November 20, Judge Haggard pronounced Ibarra guilty on all ten charges leveled against him, leading to a life sentence without the possibility of parole. Under Georgia law, an appeal must be lodged within 30 days of a conviction becoming final, which is either the sentencing date or the date of denial of a motion for a new trial, whichever comes later. The Associated Press highlighted that the motion for a new trial "effectively extends the deadline to file an appeal."
Ibarra faced a litany of charges, including one count of malice murder, three counts of felony murder, and one count each of kidnapping, aggravated assault, aggravated battery, hindering an emergency telephone call, tampering with evidence, and being a "peeping Tom."
In a move that sparked controversy, Athens District Attorney Deborah Gonzalez announced in February that her office would not pursue the death penalty for Ibarra. She added that the office would "take into account collateral consequences to undocumented defendants."
Laken Riley, a 22-year-old nursing student, was discovered lifeless in a forested area of the University of Georgia campus in Athens after a morning run. Evidence found at the scene included Ibarras DNA under her fingernails, her head brutally beaten, and her breasts exposed. Prosecutors argued during opening statements that Ibarra "went hunting for females on the University of Georgias campus" on the day he murdered Riley.
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