Lawyer for woman convicted in CHP officer's death gets more time to request new trial

The new attorney for the woman convicted of second-degree murder for causing a wreck that killed a California Highway Patrol officer in 2010 was granted a delay on filing a motion for a new trial.

Kaylee Ann Weisenberg was in court Friday, but her 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 prepare her work.

Weisenberg was convicted in August 2011 of second-degree murder and gross vehicular manslaughter while intoxicated in the 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 prosecutor or jury misconduct and judicial mistakes.

Judge John Trice granted her more time to read through the transcripts and to prepare her motion.

Motions for a new trial are rarely granted, Gates acknowledged today, 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.

This story was originally published January 27, 2012 at 12:30 PM with the headline "Lawyer for woman convicted in CHP officer's death gets more time to request new trial."