Motion For New Trial Denied In Murder Conviction - KTRE.com | Lufkin and Nacogdoches, Texas

09/27/06 - Nacogdoches

Motion For New Trial Denied In Murder Conviction

by Donna McCollum

A judge decided Tuesday not to give Marcia Kelly another trial. The East Texas woman has already been convicted for the capital murder of her husband James Kelly. James Kelly was shot and killed while he was sleeping last October at his home in Cushing.

A motion or a new trial as submitted following allegations that a juror was overheard discussing the trial in public. Theresa Bocook testified that she heard the juror tell a group that Kelly was 'guilty, no if's or but's about it'. But under stern cross examination Bocook's testimony became inconsistent and didn't agree with her written affidavit.

Judge Ed Klein ruled there was no juror misconduct. The proceedings were called everything from justified to embarrassing by attorneys in the case. Defense Attorney Tim James said, "It's a disservice to the system not to pursue and pursue vigorously those kinds of allegations." District Attorney Stephanie Stephens said, "I'm very displeased at what this had done to a juror and the fact the juror in the case had to be publicly humiliated."

Kelly was convicted of hiring teenagers to kill her husband. When asked if she was surprised the motion for a new trial was denied she responded, "Not by this county, no."   Kelly has the right to appeal, but a new attorney will be appointed to the case or she will have to hire her own. Trials for three co defendants in the James Kelly murder are pending.

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