CLEVELAND - Cuyahoga County prosecutor's have filed paperwork asking a judge to deny a new trial and evidentiary hearing in the case of convicted serial killer Anthony Sowell.
In the 13-page motion filed on Friday , prosecutor's wrote Sowell's claim for a new trial "lacks merit."
A defense team for the convicted serial killer filed paperwork recently seeking a retrial based on one juror's statement following the conclusion of the case, and an evidentiary hearing to determine if there was any juror bias. The filing stems from a comment one juror made to the media that she noticed Sowell repeatedly winking at her.
Prosecutor's fired back in the motion by saying Sowell "can't impeach the jury's verdict because he can't prove any bias to support his claim of juror misconduct, other than the statement the jury forewoman made about his winking."
Prosecutor's also wrote the dominant theme of each juror's comments upon reviewing the tape of the full interview is that "they followed the law" and put whatever emotional reaction they had to side.
"The record does not support any allegation that a juror who took her obligations so seriously was prejudiced against (Sowell)," it stated.
Sowell also claimed in his request for a retrial that the jury forewoman was prejudiced by her view of the crime scene. Prosecutor's said since Sowell himself requested jurors view the Imperial Avenue property, "he cannot now complain..."