Monday, January 9, 2012
Man Appealing To Supreme Court
{Charleston, West Virginia}...Larry Allen Hayes, 23, was in court Monday asking for his jury verdict to be overturned after being convicted of killing his girlfriend's daughter, 18 month old Rebecca McDaniel, last August. Defense attorney Richard Holicker asked Kanawha Circuit Judge Paul Zakaib to acquit Hayes based on errors he believed occurred at the trial. Holicker said jurors were wrongly exposed to media coverage of the case when prosecutors played a tape of a jailhouse telephone conversation between Hayes and his father. He also said a medical examiner called to testify by the state did not accurately state his credentials, and the judge would not bring the doctor back to court for clarification. Holicker also said the jury was unjustly prejudiced by autopsy photographs of the victim and by a toy car brought into the courtroom. Zakaib refused. Hayes intends to appeal his case to the West Virginia Supreme Court.