Former deputy convicted of murder wants new trial - CBS46 News

Former deputy convicted of murder wants new trial

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Derrick Yancey in court in 2010; Inset: Yancey with family Derrick Yancey in court in 2010; Inset: Yancey with family
DEKALB COUNTY, GA (CBS46) -

A former DeKalb County sheriff's deputy convicted of killing his wife and a day laborer has asked a judge for a new trial.

Police arrested Derrick Yancey in 2008 after his wife, who also worked for the sheriff's office, and the hired hand were found shot to death at Yancey's Stone Mountain home. 

Yancey posted bond then fled the country. Special agents eventually arrested him in Belize in September of 2009.

Yancey's new attorney, Ashleigh Merchant, told the judge Tuesday her client's former public defenders failed to call their own blood analysis expert during the trial. Merchant said that oversight could have changed the outcome. 

Merchant asked the judge to allow her to bring in a new blood expert to testify.

"I need testimony now, because if you deny our motion for a new trial, I need it for an appeal," Merchant told the court.

The two former public defenders, Leticia Deland and Ruth McMullen, testified on Tuesday. They told the court they did hire their own blood expert, but his findings would not help Yancey's defense.

"Our expert that we consulted with was not going to ultimately be helpful to us in the case, so therefore we didn't want to have to turn over our expert's reports," McMullen said.

The state argued Yancey's conviction should stand and a new trial is unnecessary.

"This is not a fishing expedition," Assistant District Attorney Lee Grant told the court. "Judge, is ineffective assistance of counsel so meaningless that you can just allege it against two trial attorneys? Throw them up there and see what comes out?"

The judge refused to allow new expert testimony Tuesday. A ruling on the request for a new trial is expected sometime after May 18.

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