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MOSCOW, Idaho (AP) — A northern Idaho man convicted of killing his estranged wife and covering up her murder is requesting a new trial.
Charles Capone's attorneys have filed a motion requested a new trial last week based on testimony that discredits Capone's co-defendant, The Lewiston Tribune reports (http://bit.ly/1PpkEQC).
Capone was sentenced in September 2014 to life in prison without parole. Prosecutors say Capone killed 40-year-old Rachael Anderson in 2010. Capone's co-defendant, David Stone, testified that he witnessed the killing and then helped to dump Anderson's body in the Snake River.
Stone was sentenced to seven years in prison for his part in Anderson's death.
In the new motion, Capone's attorneys say statements made by Stone's former cellmate contradict Stone's testimony, and will likely produce an acquittal for Capone.
"The additional evidence that David Stone contradicted his sworn testimony at trial is such that a jury would likely disbelieve his testimony, which in turn would likely produce an acquittal in this matter," according to the motion.
Stone's former cellmate, Tyler Beyer, told a deputy with the Latah County Sheriff's Office that Stone said they would never find Anderson's body in the river because it wasn't there.
Capone has maintained that he did not kill Anderson and throw her body in the river.
Latah County Prosecutor William Thompson Jr. said Monday that the new information does not include additional investigation conducted by Lt. Tim Besst into Beyer's statements. Thompson said his office plans to file a response to the motion including the additional information either this week or early next week.
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Information from: Lewiston Tribune, http://www.lmtribune.com
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