Convicted murderer denied request for new trial

Dee DeQuattro

A Judge rejected a convicted murderer's request for new trial on Thursday, then held the attorney arguing the motion in contempt of court.

A defense attorney for Tony Gonzalez, a man convicted last month for the murder of Carl Cunningham Jr., argued that Gonzalez is entitled to a new trial based on the prosecution's direction to the jury and evidence that was withheld during the trial.

Defense Attorney Bryan Owens said that the prosecution incorrectly instructed the jury on their role. Owens also argued that evidence that was brought to the attention of the defense a week into the trial could have affected the outcome of the case.

He said the evidence including hundreds of deleted texts and data entries from the state's key witness Patricia Delomba's phone, were credible to the defense . Delomba is the ex-girlfriend of Gonzalez who testified that Gonzalez came into her home to confront her new boyfriend Matthew Chivers but instead shot Cunningham 7 times. 

According to Owens, the text messages indicated that Delomba was involved in prostitution and that she had deleted evidence off of her phone.

He also argued that surveillance video depicting Gonzalez at Snookers bar on the night of the incident that was not allowed into evidence would have proved the state's timeline of the murder incorrect. 

Judge Francis Gallo denied the motion and maintained that the state's case and witnesses were credible.

Following the motion Gallo held attorney Owens in contempt of court.