Man convicted of Horry County murder asking for a new trial
Tue, 30 Oct 2012 04:26:40 GMT —
A Conway man who was sentenced to prison in 2008 for killing his girlfriend's parents requested a new trial Monday afternoon.
Monday was the second part of that trial, and a ruling was expected to be made by Judge Steven John.
Instead of making a decision, Judge John called for a continuation of the arguments.
Richard Gagnon's attorney, Robert Dudek, says his request for a new trial comes from new evidence.
Dudek brought forward four witnesses Monday.
The first was Jeffery Hollifield, a gun residue expert, who spoke about the levels of residue that were on the hands of Charlie Parker Jr. and Richard Gagnon.
Hollifield's findings were that Parker's levels were that of someone who had fired a gun. Gagnon's test only revealed levels that were environmental.
The next witnesses was Bruce Hill. Bruce Hill is the man who is also convicted of killing Charlie and Diane Parker.
Hill was linked to DNA evidence found in the home of the Parkers, but was not convicted until 2011.
Dudek told the judge that he had an affidavit explaining that Hill had told him he did not know who Gagnon was, and that he was not connected to him in any way.
Dudek attempted to use that as evidence Monday, but the judge dismissed it.
Hill was brought in for testimony but used his 5th Amendment rights. The judge allowed it, and Hill did not testify.
The final witness Dudek called was Robert Troy Taylor.
Taylor is currently serving life without parole for criminal sexual conduct with a minor.
Taylor said in court that the man who was cellmates with Gagnon, Robert Mullins, lied about Gagnon confessing the murder to him.
Mullins was eventually transferred to a different prison where Taylor was. There, Taylor said Mullins confessed to him that he had lied about the confession.
After closing statements the judge asked Dudek if he could present the dates he became aware of the new evidence he is claiming.
According to South Carolina law, to file an appeal for a new trial, it must come before one year of the date you learn of the new evidence.
Judge John did not feel like the information was there Monday to make a ruling.
Judge John gave Dudek 10 days to present the dates of all the new evidence he is claiming to show that it is within that year time limit.
NewsChannel 15 will bring you the decision that Judge John makes after he reviews the case.