The account of one man claiming to be an eyewitness stood at the center of a new trial motion brought for a man convicted of murder last year.
David William Keener was convicted of felony murder in July 2015 regarding the death of Randall Huling. According to testimony, Keener was accused of beating Huling’s head into a guardrail in 2014.
Kevin Anderson of the Georgia Public Defender Council’s appellate division represented Keener in a motion for new trial in Superior Court Judge Andrew Fuller’s Court.
Fuller previously sentenced Keener to life in prison.
Anderson argued that trial attorney Dan Sammons failed to impeach witness Charley Pestos, who had claimed to have seen Keener attack Huling.
Anderson claimed it was “one mistake that impacted the outcome of the trial” by not showing the inconsistencies in Pestos’ statements to authorities.
At trial, Sammons asked for Pestos to demonstrate how it happened and worked with aerial shots of the alleged crime scene behind Leggs Package store.
“He could not have seen what he said he saw,” co-counsel Tom Csider said when called as a witness by the state.
Fuller said the evidence would be taken under advisement and an order would be signed promptly.