ST. PAUL, Minn. - Amy Senser's fate is again on the line as the groundwork has now been laid for her appeal.
Eric Nelson, Senser's attorney, gave his notice to the court of appeals Friday afternoon that he will argue Senser was charged with insufficient evidence. He also claimed that she was convicted amid abuses of discretion by the trial judge, the Honorable Daniel Mabley.
Longtime Hamline University law Professor Joe Daly thinks Nelson's arguments are strong.
"In my judgment the facts presented in this case don't match the law she was convicted of breaking," Daly said.
Amy Senser was convicted on two counts of criminal vehicular homicide in May, but Daly says, and Nelson argues, the felony charges said Senser had to have knowledge at the time of the accident that she hit a person, knowledge both men say she did not have.
And, both also conclude that the jury said in writing it didn't believe Senser knew she hit a person.
Moments before the verdict was read the jury gave a note to the judge that said, "We believe Ms. Senser believes she hit a vehicle and not a person."
"This is illogical. It doesn't make sense. You can't come to the decision that the jury came to when you read the words in that note," Daly argued.
Senser's attorney claims that his client was denied her rights to due process. They are waiting for three judges to decide if Senser's will continue to be imprisoned in Shakopee, if she will be granted a new trial or acquitted of her crimes and set free.
Nelson has two months to file his appellate brief.
Once the brief is filed, a date will be set for Nelson and an attorney for the State of Minnesota to argue their cases in front of the three judge panel.
It usually takes about 90 days after those arguments for the appellate court judges to render their decision.
Senser is currently serving her 41-month prison term at the Women's Correctional Facility in Shakopee.
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