By By Lisa Tindell
Larry Richard Chavers' new attorney wants him to have a new trial. Chavers, who was convicted last month on charges of sodomy and sexual abuse of an 8-year oldgirl , has Monroeville attorney Paul M. Harden Sr. working for him in the request.
In his previous trial, Chavers was represented by Ernie White.
Harden, who filed the motion last week in the circuit clerk's office, cited the failure of some jurors to respond to questions, both by the state and the defense.
"Prior to and during the course of jury selection, certain members of the jury venire, which were summoned for jury service improperly, incorrectly, falsely and otherwise illegally, failed to respond," Harden said in his motion.
Chavers tried to flee the country after his conviction, according to
authorities. He was returned before he made it to Mexico and is now in jail.
The motion filed last week alleges that members of jury venire failed to truthfully and adequately answer the court's general questions of qualification or remained silent when certain questions were propounded to them as to their qualifications.
Along with information concerning jury responses, Harden also said in the motion that the court erred in denying the defendant's motion for judgment of acquittal made at the conclusion of the state's case and renewed it at the close of testimony.
"The court erred in allowing the state to offer into evidence numerous items of irrelevant and immaterial evidence as well as oral testimony of the same," Harden said in his motion. "Evidence was substantially prejudicial to the defendant, Larry Richard Chavers, and was of no consequence other than to cause substantial prejudice to the defendant."
Harden also said in the motion that the verdict of the jury was contrary to the overwhelming weight of the evidence in the case was contrary to the law in this case.
"The verdict of the jury is contrary to the law and evidence in this case," Harden said in the motion. "The verdict is strongly against the weight of the evidence."
Chavers, 34, was found guilty on Nov. 1 in the case against him accusing him of sexual abuse against the daughter of his fianc/, who is now his wife.
Chavers was sentenced to 31 years in prison by Circuit Judge Joe Brogden on Nov. 9.
Between the Nov. 1 conviction and the Nov. 9 sentencing date, Chavers was free on bond. However, on the date of his sentencing, Chavers was found and captured as he tried to flee to Mexico. He was subsequently returned to Escambia County and is being held in the county's detention center as he awaits transfer to an Alabama corrections facility to begin serving his sentence.
Chavers was convicted after two days of emotional trial that included testimony for the victim, a grandparent and the mother of the child.
The mother of the child testified during the trial she had not seen her daughter in two years. She also said she did not believe the child's accusations against Chavers.
Accusations of molestation in the form of fondling and sodomy as well as attempted intercourse were recounted during the testimony from the victim during the trial.
No date has been set for a new trial as requested by Chavers' attorneys.