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Lawyers for UT-Austin murderer drop juror misconduct allegation, push for new evidence review

Defense said new evidence presented on Sept. 12 could change a jury's decision.

AUSTIN — The attorneys for the man convicted of killing a University of Texas freshman dance student in the spring of 2016 are hoping new evidence could be the key to giving their client a new trial.

According to court documents obtained by KVUE, Meechaiel Criner's defense filed a notice for an appeal on Aug. 9, 30 days after he was sentenced to life in prison for capital murder in the death of Haruka Weiser. His lawyers filed a motion for a new trial on Aug. 19.

Initially, Criner's lawyers cited jury misconduct as a base for a new trial. They alleged that outside information was introduced to jury members during their deliberations, the foreman of the juror failed to read a supplemental charge to the jury and failed to explain communications from the judge to other jurors, and that at least one juror was bullied into a guilty verdict. The motion also included an affidavit from the juror who corroborated the lawyers' allegations.

However, at a hearing on Wednesday, Sept. 12, where the juror and the foreman were expected to appear, the defense decided to waive allegations of jury misconduct and asked for a new trial on grounds of new evidence -- forensic testing of Criner's tablet.

On July 20, 2018, a jury found that Criner raped and murdered Wesier while she was on her way home from dance practice. Her body was found bruised and hidden between two boulders alongside Waller Creek two days later.

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The defense called one witness, Matthew Danner, to the stand. He's a senior forensic examiner at Flashback Data. Danner said forensic imaging showed Criner's tablet was being used. Prosecutors argued the evidence was not new.

"The issue was brought up in front of the jury. It was brought up again today, just in a different format," said Guillermo Gonzalez, the lead prosecutor. "The issue has been resolved as far as we’re concerned."

However, the defense called the evidence a "critical piece" because they say "it shows human interaction."

Danner presented evidence that showed a user log-in, internet usage, some kind of malfunction, and that the power button was pressed four times between 8:45 p.m. and 8:46 p.m. on the night Weiser was killed.

"The bottom line is, he could show definitively that he pushed a button, and that button was pushed at a time when the suspect was seen riding around on UT campus, said Ariel Payan, defense attorney. "And we know the machine was not closed, and if all those things are true, then we know Meechaiel Criner did not kill Haruka Weiser.”

Prosecutors noted both Danner and another witness from the July trial said the power button could have been activated from the tablet jostling around in the backpack.

They also said there was a time frame when the person riding the bike was not viewed. Prosecutors said 8:45 p.m. is during that couple minutes the suspect is not seen on video.

No decision was made. The judge said that will come at a hearing on Oct. 2.

Due to Criner being underage during the time of the murder, he was sentenced to life in prison. He will be eligible for parole after serving 40 years in prison.

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