Convicted of murder and rape, Brandon Michael Acosta is seeking to overturn the verdict reached against him and has requested a new trial through an appeal.
Acosta was convicted in the murder and rape of 15-year-old Timicca Nauta last week.
Following the guilty verdict, Acosta’s attorney, William Pole, indicated that an appeal would be sought.
Today, Pole filed the appeal, arguing that the burglary Acosta was implicated in should have never been introduced into the trial.
According to Pole, the government pointing out that Acosta burglarized a home next door to Nauta’s makeshift home is just an argument of propensity and not allowed.
He further stated that prosecutors didn’t provide evidence that the burglary and Nauta’s murder and rape were similar in nature or that it was relevant to the crime before the court. It only shows that Acosta was in the area.
Because of this, Pole says his client should be afforded a new trial.
A hearing regarding the motion for a new trial is set for August 6th.