Even if none of the three motions gets Holmes a new trial, all could bolster her inevitable appeal, and one could delay her Oct. 17 sentencing, legal observers said.
used arguments in Balwani’s trial
However, Davila, who presided over Holmes’ four-month trial, is likely to take seriously the second motion Holmes’ legal team filed Wednesday, legal experts said. Her lawyers claim the prosecution broke the “Brady rule” legally requiring prosecutors to hand over information helpful to the accused. “He said he wants to help her,” said Evans, the father of Holmes 1-year-old son, in the declaration. “He said he feels guilty. He said he felt like he had done something wrong.” Rosendorff, according to the declaration, told Evans that on the witness stand, “he tried to answer the questions honestly but that the prosecutors tried to make everybody look bad” and that prosecutors “made things sound worse than they were.
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