Wesley Mathews, the Indian-American foster father, sentenced to life after his 3-year-old daughter Sherin Mathews was found dead in a culvert in 2017, has filed a motion for a new trial, US media reported, less than a month after he said he would accept any punishment jurors chose.
In a case that attracted much international attention, Mathews, 39, pleaded guilty on June 24 to a lesser charge of injury to a child in Sherin's death.
He was originally charged with capital murder by authorities in the US state of Texas after they discovered Sherin's highly decomposed body after a massive search that lasted 15 days.
Mathews was sentenced to life in prison on June 26 in the death of Sherin has appealed the sentence and his attorney also filed a motion for a new trial, The Dallas Morning News reported.
Mathews and his wife Sini Mathews, both hailing from Kerala, adopted Sherin from an orphanage in Bihar's Nalanda district in 2016.
In a motion for a new trial, Wesley's appeal attorney, Brook Busbee, states that Mathews should be granted a new trial because the "photographs of the remains of the decedent, both where her body was discovered and in the autopsy suite" were so prejudicial as to deny Mathews a fair trial.
At least two jurors were visibly affected when shown the graphic images, NBC News reported.
The images were not shown to the audience in the courtroom.
Busbee also stated that jurors were shown evidence that Sherin suffered "fractures from before she died. There was no evidence" that linked Mathews to the injuries and "introduction of that evidence unfairly prejudiced the jury."
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