New Trial Sought by Man Convicted of Sex Abuse; Attorneys Argue
A Natrona County district judge heard a full day of testimony on Monday as a man convicted of sexually abusing a child in Casper two years ago seeks a new trial.
Joshua Ashby Winters, through his attorney Keith Nachbar, contends that he was not adequately represented during last May's trial.
Winters was convicted of three crimes: first-, second- and third-degree sexual abuse of a minor. District Judge Thomas Sullins sentenced him to a total of 80-115 years in prison.
But Winters says that his original attorney -- Rob Oldham, who supervises the Casper office of the state public defender -- failed to adequately defend him at trial.
Nachbar alleges that Oldham should have called a DNA expert to testify during trial, should have interviewed and confronted other witnesses, should have objected to the admission of certain evidence at trial and should've challenged the victim's competency.
During Monday's hearing, Oldham testified about his defense strategy, and Nachbar called two experts: a DNA expert and a Colorado law professor who weighed in on Oldham's work during trial.
Despite an all-day hearing, the state still has a DNA expert to call to the witness stand. The hearing will conclude at a later date, which has not yet been determined.