Defense team asks judge for new trial in 2012 UNC murder case
Attorneys filed a 220-page motion citing undisclosed lab reports and expert testimony errors.
By Fatou Mitchell ·
Defense lawyers for Miguel Salguero-Olivares have filed a motion requesting a new trial.
The request follows a guilty verdict returned by a Durham County jury earlier this month.
The jury convicted Olivares of first-degree murder, rape, burglary, and a sexual offense.
He was found guilty in the 2012 death of UNC Chapel Hill student Faith Hedgepeth.
The defense filed the motion less than two weeks after the verdict.
The filing is a 220-page document that lists four specific legal arguments.
The first argument involves a crime lab report that prosecutors did not disclose.
Attorneys say the state held a report clearing Olivares of unrelated felony drug charges.
They argue the missing report influenced Olivares' decision not to testify.
The second argument targets testimony from SBI Special Agent in Charge Justin Heinrich.
Defense counsel claim Heinrich told jurors the scene showed a violent sexual assault.
They also contend he stated DNA evidence identified the person responsible for the death as improper testimony for an expert witness to make definitively in that context without proper foundation, according to the motion's description of the claim. The motion further argues that Heinrich incorrectly stated that former roommate Karena Rosario's accounts remained consistent since 2012. A third point claims prosecutors left jurors thinking identifying witnesses had returned to Guatemala. The defense said this prevented the jury from considering those potential identifiers. The final argument concerns the time of death. Attorneys say the judge excluded a blood alcohol calculation that would have helped challenge the state's timeline. The motion states these issues together denied Olivares a meaningful opportunity to present a complete defense. Scott Holmes, a professor at North Carolina Central University School of Law, noted that overturning such convictions is difficult. He said the defense raised important issues in a full manner right after the trial. Holmes suggested the new lab report may have prompted the team to revisit other legal issues from the trial. The motion now sits with the court for review. The Durham County District Attorney's Office said filing the motion is the defendant's right. Defense attorneys had not responded to requests for comment as of Tuesday.
