Helmig Defense Challenges Koster Motion

7 years 3 weeks 2 hours ago Wednesday, November 24 2010 Nov 24, 2010 Wednesday, November 24, 2010 11:46:34 AM CST November 24, 2010 in News

KANSAS CITY - Defense attorneys working on behalf of Dale Helmig asked the state's appeals court on Wednesday to reject a bid by the attorney general to keep Helmig in prison.

Earlier this month, a DeKalb County judge threw out Helmig's 1996 murder conviction in the death of his mother, Norma Dean Helmig. On Monday, Attorney General Chris Koster filed a motion asking for a higher court to review the case before releasing Helmig.

Helmig's attorney Sean O'Brien countered with a motion Wednesday saying the DeKalb County judge was well within his jurisdiction in overturning the conviction, arguing the state's case at trial nearly 20 years ago was thin.

In his motion, O'Brien called the work of special prosecutor Kenny Hulshof "aggressive and unscrupulous."

In his Monday filing, Koster argued it was appropriate that an appelate court take a second look at the case. Koster has not yet taken a stance on Helmig's guilt or innocence.

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