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Convicted molester asking for new trial

Updated: December 3, 2012 9:14AM



An attorney representing a man convicted in October of child molesting said he plans to seek a new trial based on evidence he recently received.

Defense attorney Donald MacNeil said new evidence came to light Tuesday night in the case involving Brandon D. Stewart, who had been scheduled to be sentenced by Lake Superior Court Judge Salvador Vasquez for child molesting, attempted sexual misconduct with a minor and two additional child molesting counts.

MacNeil said he plans to prepare an affidavit of the witness statement and file a motion to correct errors. MacNeil said he will seek a new trial on behalf of his client.

Vasquez noted MacNeil should have filed the motion to correct errors in the case within 30 days of Stewart’s conviction, which was on Oct. 24 after about four hours of jury deliberations.

Asked by the judge if she knew anything about the latest development, deputy prosecutor Catherine Breitweiser-Hurst said she had been informed that a relative of Stewart’s was trying to coax the victims to change their story and say they lied during the trial.

Vasquez scheduled a Dec. 14 hearing on the defense motion.

Stewart, 28, faces a 20- to 50-year sentence on the most serious of the charges.



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