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Attorneys for James H. Higgason III, 52, asked the judge to review co-defendant David Copley's medical, psychiatric and jail records to determine his ability to recall events from 1998.
"While we seldom reverse for insufficient evidence, we have an affirmative duty to ensure the proof at trial is sufficient to support the verdict beyond a reasonable doubt," said Judge
The deal would be 20 years in prison with 10 years on probation. With 75% required by law for his jail sentence and roughly two years time served, that would mean about 13.5 years behind bars, his lawyer John Cantrell said Friday.
Defense attorney Mark Gruenhagen, who represents 38-year-old David Petersen, said he received an email from prosecutors Monday revealing the existence of the police videos.
While the attorneys were at the bench, April Wright turned to the probation officer and said, "You just can't let that probation go, can you?"