But as Linda Valencia sits and the foot of her son's grave in Boyle County Kentucky, she said Rios is dead wrong and she can't believe he wants a new trial.

"He said he was ashamed of the affair with my son. I would be ashamed to get on camera and say the things he said," said Valencia.

It's not just her family's wellbeing she's concerned about.

Valencia said, "I hate for him to drag my family through that. I don't want to go through that again, but i hate for him to drag his own family through that. His family is having a hard time I'm sure."

And most of all, she's shocked Rios denies killing her only son.

"His hair was in my sons neck wound and he's saying 'I didn't kill him...' He can say all he wants I know he killed him, " commented Valencia.

While Rios admits to having an affair with Jesse, he says his trial on murder charges was a media circus.

"I think some of the sensationalized aspects of the trial muddied the waters. It didn't have anything to do with fairness or truth. It had to do with a show," Steven Rios said.

If he's granted another trial, Linda Valencia is confident Rios won't get out. She said there are more witnesses and even more evidence that wasn't used in the last trial. Linda Valencia said she knew Rios was the killer because her son was planning to file a complaint against the former officer.

Rios said his lawyer should file the paperwork for his appeal this week