After being convicted of murder in December, one of three defendants charged in the murder of Domanic Thrasher is quickly denied a new trial.
Justin Love was found guilty and sentenced to 50 years by former 30th District Judge Bob Brotherton.
Brotherton returned as an assigned judge to his old courtroom to deny public defender James Rasmussen’s motion for a new trial based on jury misconduct.
However, the District Attorney’s office said the defense was on a fishing expedition for any grounds for a new trial, pointing out the law requires an affidavit from an actual juror or someone else that knows of or witnessed misconduct.
The prosecutor said the defense provided no such evidence of any misconduct.
Co-defendant Whitney O’Brien, who testified against both her co-defendants and agreed to a plea bargain of 15-years for manslaughter, was a witness again Friday.
Prosecutors said nothing in her testimony was pertinent to Love’s motion for a new trial.