DeKALB– A man convicted of the murders of two Sycamore residents has filed a motion for a new trial after being found guilty of the murders earlier this year.
Jonathan Hurst was found guilty of the first-degree murders of Sycamore residents Robert and Patricia Wilson in January.
On Thursday, Hurst’s defense counsel, headed by Charles Criswell, is set to present a motion that requests a new trial or judgement that could terminate the current sentencing.
The second motion is for a ruling called a Judgment Notwithstanding the verdict (JNOV) and would set aside the jury’s verdict and allow a new judgement to be entered without a new trial.
In a filing with the DeKalb County Circuit Court on Feb. 26, Hurst’s counsel has shared its plan to present a motion that would potentially lead to an overrule of the jury’s guilty verdict.
Hurst was found guilty of the murders based on DNA found in the Wilson residence. Circumstantial evidence placed Hurst in the area at the approximate time of the crimes.
In Criswell’s motion, he states that DNA evidence presented during the trial was neither significant nor provable enough to conclusively rule Hurst committed the murders. He noted that no murder weapon was identified at the scene of the crime that contained Hurst’s DNA.
Criswell alleges the court failed to adhere to proper guidelines when they allowed the presentation of evidence that could have potentially been the result of improper collection procedures. The defense argues that some evidence such as cell phone location information was discovered “pursuant to a faulty search warrant.”
Criswell argues that evidence presented was insufficient to produce a guilty verdict beyond a reasonable doubt.
“That because of both the errors that occurred during Defendant’s trial, in order to preserve justice and guarantee Defendant’s constitutional rights are respected and upheld, a new trial must be held,” Criswell said in the motion. “In the alternative, the Court should end a Judgement of Not Guilty Notwithstanding the Verdict in this matter.”
Hurst’s sentencing hearing is scheduled for 9:45 a.m. March 20 at which the motion will be presented.
