The new attorney for the woman convicted of second-degree murder for causing the wreck that killed a CHP officer in 2010 will be given more time to file a motion for a new trial.
Kaylee Ann Weisenberg was in court Friday, but her Del Mar-based attorney, Angelyn Gates, said she just received the final portion of the voluminous trial transcripts this week to prepare her motion for a new trial — and needed more time to get ready.
Lawyer for woman convicted in CHP officer's death gets more time to request new trial
Paso woman convicted in CHP officer's death files motion for new trial
Kaylee Weisenberg sentenced to 15 years to life for crash that killed CHP officer
Lawyer petitions to get Weisenberg a new trial
Defender in prominent SLO County trials dies at age 55
Weisenberg was convicted in August of the murder charge and gross vehicular manslaughter while intoxicated. The charges stemmed from a crash near Paso Robles on June 27, 2010, that killed CHP officer Brett Oswald.
Gates said that her motion will address any legal errors that might have taken place in the trial — including any prosecutorial and jury misconduct, and judicial mistakes.
On Friday, Judge John Trice granted Gates more time.
Motions for new trial are rarely granted, Gates acknowledged, and a judge has to have a fairly significant reason to grant an order for a new trial.
Trice set deadlines for the filing of the motion, response by the prosecution, and replies to the response over the next few months, with a hearing date of April 5 — the day that Weisenberg could be sentenced if a motion is denied. Weisenberg faces a sentence of 15 years to life in state prison.
The jury convicted Weisenberg after a 15-day trial.
Oswald was struck after Weisenberg crossed the double-yellow lines on South River Road and hit the officer, who was dealing with a disabled car, evidence showed.
During the trial, a CHP officer testified that Weisenberg passed a field sobriety test that included an examination of her pupils, balance and pulse after the crash.
But the toxicologist testified that Weisenberg’s blood level showed a “toxic” level of methamphetamines.
The prosecution presented evidence that Weisenberg was driving at 80 mph in a 55 mph zone, while the defense estimated she was driving 63 mph.
SanLuisObispo.com is happy to provide a forum for reader interaction, discussion, feedback and reaction to our stories. However, we reserve the right to delete inappropriate comments or ban users who can't play nice. See our full terms of service here.
Here are some rules of the road:
You should also know that The Tribune does not screen comments before they are posted. You are more likely to see inappropriate comments before our staff does, so we ask that you click the "report abuse" button to submit those comments for moderator review. You also may notify us via email at webmaster@thetribunenews.com. Note the headline on which the comment is made and tell us the profile name of the user who made the comment. Remember, comment moderation is subjective. You may find some material objectionable that we won't and vice versa.
If you submit a comment, the username of your account will appear along with it. Users cannot remove their own comments once they have submitted them, but you may ask our staff to retract one of your comments by sending an email to webmaster@thetribunenews.com. Again, make sure you note the headline on which the comment is made and tell us your profile name.
Be the first to know what's going on in San Luis Obispo County. Just tell us how you want to find out — we'll take care of the rest.
Sign up for breaking news alerts from SanLuisObispo.com and get the latest news sent to your cell phone via text message.
By signing up for alerts from this site, you are signing up for a program that may include up to 5 SMS text alert(s) per alert category per day. There is no service fee charged per month but your carrier's standard text messaging and other charges may apply. You may stop this subscription service at any time by sending the text message "STOP" to 72737. You must be at least thirteen (13) years of age to use our alert services. If you are between 13 and 17 years old, you agree that you have received parental permission both to complete the registration process and to receive SMS content on your cell phone. For help, send the text message "HELP" to 72737. This service will work with ATT, Verizon, Sprint, Nextel, Alltell, US Cellular, Cincinnati Bell, Boost, Virgin Mobile USA, Celluar South, Telos, Centennial, East Kentucky Network, Cellcom, Immix and Rural Celluar.
E-mail »
Twitter »
Facebook »
iTribune »
Subscribe »
RSS »
About comments
Reader comments on SanLuisObispo.com are the opinions of the writer, not The Tribune. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.