Amy Senser's attorney will argue to reverse her conviction on two counts of criminal vehicular homicide in front of the Minnesota Court of Appeals on April 24, the Star Tribune reports.
In a brief filed Monday, attorney Eric Nelson disputed claims filed by prosecution that circumstantial evidence points towards Senser's guilt in the hit-and-run death of Anousone Phanthavong, including testimony that she deleted text messages after the crash, gave away clothes she had been wearing and dyed her hair.
On Aug. 23, 2011, Phanthavong was hit and killed while putting gas in his stalled car on the Riverside Avenue exit ramp of I-94.
Nelson argues Senser never saw Phanthavong or his vehicle when she struck him and her behavior afterward is irrelevant to what she knew at the time of the crash.
Nelson also claims Judge Daniel Mabley erred when he suppressed evidence that Phanthavong had cocaine in his system, the Star Tribune says, and argues that his impairment made him unable to make reasonable judgements regarding his own safety.
Senser was convicted in May 2012. She is currently serving a three-and-a-half-year sentence.