BURLEY — A Burley man convicted last month of killing a 14-year-old girl in 1995 has asked for a new trial.
Gilberto Flores Rodriguez, who was found guilty of first-degree murder in the death of Regina Krieger, filed a motion for a new trial through his attorney Keith Roark.
The motion says a new trial should be granted because one or more jurors are guilty of misconduct, which prevented fair and due consideration of the case. The motion did not include details of the alleged misconduct.
“…the verdict was decided by means other than fair expression of opinion on part of all jurors…” the motion said, and that the verdict is “contrary to law and evidence.”
Roark also asked the court for a typewritten copy of the trial testimony.
Cassia County District Judge Michael Tribe granted a hearing on the motion at 10 a.m. July 15.
A sentence hearing is still set for Rodriguez at 9 a.m. Aug. 26.
Krieger disappeared from a basement bedroom in 1995 and her body was found several weeks later along the Snake River.
Tena told the jury during the previous hearing that he’d had a conversation with Rodriguez at a Rupert pond where two young girls were fishing and one of the girls reminded Rodriguez of Krieger — and Rodriguez spoke of the murder to Tena.
Before day two of the jury trial for Gilberto Flores Rodriguez started on Wednesday, the mother of slain teen Regina Krieger and “Gina” supporters were told they had to leave the courthouse because of what they were wearing.
The opening arguments in the murder trial of Gilberto Rodriguez included the prosecution and defense agreeing on one thing: that mistakes were made in the investigation into the death of 14-year-old Regina Krieger.