It’s been over two months since Monica Melissa Patterson was convicted of Capital Murder and three other counts. Now her appellate attorney is looking to get her a new trial.
Last month the attorney filed a motion challenging all four counts she was convicted of. She was convicted for capital murder for remuneration, attempted theft, aggravated theft, and misapplication of fiduciary funds.
State District Judge Noe Gonzalez, was not able to rule on the motion today, as there were plenty of items in the motion that he has to look over carefully to make a decision. Patterson’s appellate attorney, Brandy Wingate Voss, presented several arguments as to why she shouldn’t have been convicted of all four counts in her case.
Regarding the Capital Murder conviction, Wingate argues the evidence was legally insufficient to support party liability for Capital Murder. She also argued the forensic pathologist in the case relied heavily on investigative information from the law enforcement agencies handling the case, to rule the victims cause of death.
“It is not reliable scientific evidence that assisted in ruling the cause of death. If those medical conclusions are equally as consistent with another cause of death that cannot be ruled out, the opinion should have been … the cause of death is inconclusive, it should not have been homicide by asphyxiation.”
State District Judge Noe Gonzalez is expected to make his decision on the motion Tuesday, January 16.
The other suspect involved with the murder, Angel Mario Garza, will have his day in court later this month.