AUSTIN, Texas – The man convicted of killing University of Texas student Haruka Weiser wants another day in court.

Meechaiel Criner has requested a new trial after his attorney, Ariel Payan, said the evidence against him was circumstantial.

The Travis County District Attorney's Office said it is not unusual for someone to request a new trial after a decision has been made. According to the District Attorney, they are planning on blocking the request.

Defense attorneys said that there is new evidence that could exonerate Criner for the murder of Weiser. This is the first hearing since the motion was filed in August.

Initially Criner’s attorneys alleged juror misconduct. Those allegations has since been waived, which means it will be up to a judge to determine if the new evidence warrants a new trial. A computer forensics expert said that data found on a tablet could be enough to convince a judge.

The defense argued that the data found places Criner in a different location. Prosecutors said that the defense did not present as much new evidence as they were previously claiming.

“We look forward to this issue being over and if the defense wants to file an appeal as I am sure they do on all cases then they can go on to that. We are just ready to move on from this issue on to other things,” said Guillermo Gonzalez, lead prosecutor.

“He is either giving his computer to someone else and they are using it or he is using it. And that is the important thing. If he is using it, and that is what makes the most sense, then he is not the guy on the bike. And if he is not the guy on the bike, he did not kill Haruka Weiser,” said Arial Payan, lead defense attorney.

A final decision on whether or not Criner will receive a new trial will be handed down Oct. 2.

In July, a jury found Criner guilty of capital murder for the slaying of a UT freshman in 2016. He was sentenced to life in prison instead of the death penalty because he was under the age of 18 at the time of the murder.

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