Tucson News NowRenteria defense attorney files motion for new trial

Renteria defense attorney files motion for new trial

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By Barbara Grijalva - bio | email

TUCSON, AZ (KOLD) - A Tucson man who was convicted after four trials may face yet another one.

The attorney for Daniel Renteria is claiming both juror and prosecutorial misconduct.

She filed a motion for a new trial Tuesday afternoon.

Renteria said he acted in self-defense when he shot and killed Richard Rue, Jr. and James Marschinke.

He testified he thought Marschinke had molested his young son, and that Rue had threatened to kill him and the child if they told anyone.

After three hung juries, Renteria was acquitted of manslaughter in Marschinke's death, but convicted of negligent homicide in Rue's death.

Now Renteria's defense is requesting what could be his fifth trial.

Defense attorney Natasha Wrae has two affidavits from two jurors that, she says, back up the allegation that Renteria did not get a fair and impartial trial.

Wrae says the affidavits show some jurors pressured others into reaching a verdict so they wouldn't have to remain deliberating for days.

She says jurors also considered the possible sentence Renteria could get and that, she says, is misconduct.

"The most basic thing that we're alleging about the jurors is the fact that they considered the sentencing and that we know that it was a factor in at least two of the jurors decision to change their vote from not guilty to guilty."

As for the prosecutor, Wrae alleges Mark Diebolt misstated the self-defense law to the jurors and that he also suggested a punishment to them .

"When you look at all of the prosecutorial misconduct as a whole--we call that the cumulative effect--it arises to the level of denying Daniel a fair trial. And we've got, not only the mis-statements of law, we've got him himself suggesting that the punishment has to fit the crime," Wrae says.

We called Pima County Attorney Barbara LaWall, asking for a comment, but had not heard back as of Wednesday evening.

Renteria is set to be sentenced on the negligent homicide conviction October 12th.

His attorney hopes to have a hearing on her motion for a new trial before then.