CINCINNATI — Defense attorneys asked a judge Tuesday for a new trial for a man who was convicted 30 years ago for the kidnapping and murder of a 10-year-old girl.
Jeffrey Wogenstahl was convicted by a jury in 1993 for the murder of Amber Garrett. Wogenstahl has been on death row since his conviction.
On Tuesday, defense attorneys said previously suppressed evidence may cast doubt on the prior conviction. They're asking Hamilton County Judge Christian Jenkins to vacate the conviction and grant Wogenstahl a new trial, with defense attorney Sarah Gelsomino saying its the only right decision.
Wogenstahl's attorneys claim investigative files from Garrett's murder were never shared with his original defense attorneys.
"This conviction violates due process. It is a miscarriage of justice," Gelsomino said. "We are here, especially in this case judge, especially in this case. This is a capital murder case. We need to get it right."
The defense's argument is based on what they say are inconsistent eyewitness accounts, faulty testimony from a jailhouse informant and questionable physical evidence. They also said Harrison police withheld an interview officers conducted with Garrett's best friend, Amanda Beard.
According to court documents, Beard told police she saw Garrett the Sunday morning she was taken around 10 a.m. in a blue pickup truck headed toward Indiana. Though, the original prosecution team theorized in court that Garrett died around 3:30 a.m. that same Sunday.
"If Wogenstahl didn't do this, then he has to be the unluckiest S.O.B. in history — to be seen by multiple witnesses at all the relevant crime scenes in the exact time frame when this had to have occurred," said Phillip Cummings, prosecuting attorney.
Cummings said the new evidence the defense presented is "minor," arguing that it wouldn't change the original conviction.
"Every court, every state, every federal court that looked at Wogenstahl's direct appeal upheld the conviction, and they always would say the same thing, 'overwhelming evidence,'" Cummings said. "And I want to stop here for a second and note, this is (not just) the prosecutor saying overwhelming evidence."
During his case to Jenkins, Cummings cited a key piece of evidence: the jacket Wogenstahl wore the night Garrett went missing.
Cummings said foliage found in the jacket was consistent with foliage at the scene where Garrett's body was found.
Wogenstahl's court proceedings are expected to last through Friday.
