Judges in the state appellate court will decide if the man convicted in the disappearance of Heidi Allen will get a new trial. Gary Thibodeau is in prison, serving a 25-year-sentence. His defense attorneys want his conviction vacated. Our Iris St. Meran was in Rochester and has reaction from both sides about this latest appeal.

ROCHESTER, N.Y. -- Federal Defense Attorney Lisa Peebles addressed an appellate court in Rochester Monday.

"I'm here today to address a miscarriage of justice that occurred more than 21 years ago," Peebles said.

It's her latest effort to get Gary Thibodeau's conviction overturned. Thibodeau was convicted in 1995 in the disappearance of Heidi Allen. She was last seen in a New Haven convenience store. Her body was never recovered.

"There was no eyewitness placing him at the D & W that morning,” Peebles added. “There was no forensic or physical evidence that connected him or his co-defendant brother to Heidi Allen."

His brother, Richard Thibodeau, was tried and acquitted. Gary Thibodeau is serving a 25-year sentence and has maintained his innocence. Two years ago, Peebles filed two motions to vacate the conviction, citing new evidence and the failure of the prosecution to provide necessary material.

It took several months, and the judge in that appeal upheld the lower court's decision. Monday, Peebles and Oswego County District Attorney Greg Oakes were each given about 15 minutes before four judges in Rochester to make their case.

"I'm fairly confident that there was so much new evidence that was not evaluated against the backdrop of the trial evidence that, had it been presented to a jury, that certainly would have changed the outcome," Peebles said.

"Judge King ultimately, thoroughly examined all the evidence and made appropriate credibility determinations, particularly regarding William Pierce's changing identification. The fact that he had originally identified Gary Thibodeau 20 years ago and maintained that up until recently," said Oswego County District Attorney Gregory Oakes.

Richard Thibodeau maintains he went to the convenience store the morning of Allen's disappearance to get cigarettes and his brother was not with him.

"If anybody wants to question me or give me another lie detector test, I'll be willing to do anything they want me to do. My brother was never with me," Richard said.

Allen's sister Lisa Buske was also in the courtroom. She said she's confident the right person is in prison because she trusts the sheriff's office and district attorney.

She wants "truth and for Heidi to come home, and that's what I'll continue to pray for," said Buske.

There were expected to be five judges to hear this appeal, but Judge Brian DeJoseph recused himself for reasons that are unclear. Majority will rule in this court. It's unclear what will happen if it is split 2-2. A decision could take 2 to 3 weeks or more.

Gary Thibodeau remains at the Cayuga County Correctional Facility in Moravia. He was unable to attend Monday's hearing for health reasons. He could be moved in the near future because of his failing health.