Shortly after being found guilty in November of 2010 for the 1st Degree Murder of 42-year-old Gerald Bloom, Sheridan resident Shawn Osborne hired Attorney Keith Goody from Washington State to represent him.
Throughout the Court proceedings leading up to the trial, and the trial itself, Osborne was represented by Court appointed attorney Robert Jones. Citing newly discovered evidence in the case and ineffective assistance of council, Goody has filed a motion requesting a new trial.
Tuesday in 4th Judicial District Court in Sheridan, a Scheduling Conference was held to determine a hearing date on the motion for a new trial as well as motions to prevent life imprisonment without parole and a continuance on sentencing if the Court rejects the new trial request.
The newly discovered evidence Goody indicated, who spoke via teleconference during the scheduling hearing, will come from an extensive examination by Neuropsychologist Dr. Craig Beaver that will show that Osborne was too intoxicated at the time of the incident to form an intent.
This was the same defense that Osborne's attorney Robert Jones claimed during opening statements of the trial last November. After being able to review the transcripts of the trial, Goody is claiming that Jones did not adequately represent Osborne, nor did he attempt to prove the defendant's claim of being too intoxicated to form an intent.
After Prosecuting Attorney for the State, Matt Redle, and Defense Council Goody agreed that one full day would be sufficient enough time to settle the matter, District Court Judge John Fenn set a date of June 24th for the hearing on the motions filed by the defense.
Fenn also set a deadline date of May 13th for the report from Dr. Beaver to be submitted to the State. Redle will have until June 10 to respond to the report, which could include the State retaining an expert of their own in response to the findings by Dr. Beaver.