Posted at: 11/26/2012 7:16 PM
By: Katie Eldred
(ABC 6 NEWS) -- A Dover man that was sentenced to 15 years in prison after being convicted of plotting to kill his brother, will get an evidentiary hearing. William Shorter and his wife Brenda Shorter were both put on trial after, Brenda attempted to kill William’s brother.
Both William and Brenda were tried for conspiracy to commit first degree murder. Officials believe the motive was a life insurance policy.
William was found guilty and sentenced in to 15 years in 2009. His wife was later found not guilty of conspiracy, and William believes her testimony could have changed his case.
He says the not guilty verdict suggests the jury may have credited Brenda's testimony, that her crime was not premeditated and that she did not conspire with William to commit the crime.
A district court had previously denied Shorter’s newly discovered evidence claim.
"What he would be asking for is that it does go all the way back and give him a new trial, we have no idea about that in fact the court of appeals was very careful to say they are not suggesting that they're just saying these four elements need to be discussed they said you need to go back and discuss them," said Olmsted County Attorney Mark Ostrem.
Brenda Shorter was found guilty back in 2010 for attempted 2nd degree murder and second degree assault with a deadly weapon.