- Associated Press - Thursday, January 8, 2015

GERING, Neb. (AP) - A lawyer for a Wyoming teenager convicted of the 2014 strangulation of a western Nebraska jailer will argue for a new trial at a hearing Friday.

Attorney Jim Mowbray said the motion for a new trial alleges jury misconduct at the original trial for Dylan Cardeilhac, Scottsbluff radio station KNEB reported (https://bit.ly/14zObHH ).

Cardeilhac was convicted in November of second-degree murder in the death of 24-year-old Scotts Bluff County jailer Amanda Baker.

Cardeilhac, who is from Torrington, Wyoming, was 15 at the time of the Valentine’s Day attack.

Jurors were shown jail security video of Baker entering Cardeilhac’s cell and Cardeilhac pointing to something on the floor at the edge of his bed. The video shows Baker getting on her hands and knees to check, then the teen jumping on her back and putting her in a chokehold.

The video shows Baker struggling for more than a minute, but Cardeilhac not letting go until more than two minutes later.

Investigators said she never regained consciousness. She died on Feb. 16.

The hearing on the motion for a new trial will be held in Scotts Bluff County District Court, according to KNEB. Mowbray, who’s with the Commission on Public Advocacy, argues the teen didn’t get a fair trial because one juror acted out the strangulation for another juror.

The second juror told KNEB following Cardeilhac’s conviction that she had intended to find the teen guilty of a lesser charge of involuntary manslaughter, but changed her mind and deemed him guilty of second-degree murder after the juror’s re-enactment of the attack.

Mowbray said the re-enactment “did not accurately reflect the evidence at trial” and prejudiced his client.

Cardeilhac’s sentencing was to take place Friday, but has been moved to Feb. 19 to give the court time to rule on the motion for a new trial.

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Information from: KNEB-AM, https://www.kneb.com

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