DAYTON, Ohio (WDTN) - Dwayne Ellison's attorney Dan O'Brien submitted stacks and stacks of newspaper articles from the days following the shooting massacre at Sandy Hook Elementary School in Connecticut on December 14th, 2012.
26 people were shot and killed.
Ellison was on trial days after the tragedy for the shooting death of Isaiah West at Gina's Party Store in Dayton in May 2011.
"They swore in the jury on that Friday. That night, we all went home to find out that there had been a slaughter of a whole bunch of people in Connecticut, including like 20 kindergarten children with weapons, automatic weapons and gun weapons." says O'Brien.
So, on the first day of the trial, O'Brien says he asked the judge for a continuance of 90 days or to question the jurors to see if they could be impartial after the tragedy. She denied both of those requests.
The Montgomery County Prosecutor's Office tells 2 NEWS that the judge's ruling makes it clear that the school shooting massacre was a non-issue in the jury's verdict.
But, O'Brien believes an appeals court will reverse the decision and grant Ellison a new trial.
"Hopefully, we'll get another chance in another atmosphere," comments O'Brien.
Ellison is scheduled to be sentenced next week. He faces 18 years to life in prison.
His attorney tells me they plan to file an appeal shortly after Ellison is sentenced.
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