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.
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.