James Emerson Will Not Receive A New Trial For Aggravated Assault Conviction
A Casper man serving time behind bars for assaulting his nephew and acknowledging his prior criminal past, will not get a new trial.
James Emerson had filed a motion for a new trial, because two people had come forward claiming they had overheard the victim, conspiring with other witness before the trial, to make sure everyone testifying against Emerson, told the same story.
They said they were not present on the night of the assault, back in March 2014, but claimed to have overheard the conversation, however one said he couldn't remember everything that he heard, and another acknowledged to being a liar in the past.
They added that on the night they overheard the conversation, they had also used meth.
Prosecutors called the credibility of the new statements into question, for those reasons.
Judge Daniel Forgey said because of those concerns, he did not feel that if the new testimony was introduced, that it would change the jury's verdict, thus he denied the new trial.