An attorney for Rosalie Kennedy is asking a local judge to overturn her murder conviction, toss out a key piece of prosecution evidence and give her a new trial.
Attorney Tina McFall claims Kennedy was held too long in a cold Logan County Sheriff’s Office cruiser and that statements she made on a recording while in the cruiser were not voluntary.
In a 251-page filing, McFall said she was not fully aware of the scope and circumstances of Kennedy’s detention on March 10 in subfreezing temperatures nor the methods used to record the defendant, all of which came out during testimony.
Had she known, McFall said she would have argued to suppress the tape to prevent its use well ahead of the trial.
Kennedy was found guilty Nov. 11 of murder and felonious assault after a two-day jury trial. A jury of six men and six women agreed with prosecutors that she shot and killed her husband, Gary, inside the couple’s 8100 Township Road 110, Rushsylvania, home.
Assistant Prosecutor Alice Robinson-Bond used a more than 90-minute recording made by Deputy Drew Dixon to bolster the case against the defendant.
In her four-page response, Robinson-Bond said McFall stipulated on court record during the trial that the audio recording was admissible as evidence and never objected to it nor how it was obtained.
Read complete story in Saturday's Examiner.
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