Senser appeal hearing postponed after prosecutor is hospitalized

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Oral arguments in Amy Senser's appeal case originally scheduled to take place next Wednesday have been postponed due to the hospitalization of a prosecuting attorney.

KSTP reports Lee Barry, the appellate attorney for the Hennepin County Attorney's Office, is undergoing treatment for a heart condition and should be released from the hospital soon.

Barry prosecuted Senser last May when she was convicted of two felony counts of criminal vehicular homicide for the hit-and-run death of 38-year-old Anousone Phanthavong.

The appeal hearing was rescheduled for May 1.

Senser's attorney Eric Nelson is arguing prosecutors failed to prove Senser knew she'd hit a person, a necessary element in a hit-and-run conviction. Nelson also claimed faulty rulings by the judge prevented Senser from getting a fair trial.

In response, prosecutors said not only is there proof of a crime, but they say Senser also attempted to cover it up.

Senser, 46, is currently serving a nearly three and a half year sentence at the Shakopee women's prison. She's due to leave on supervised release on Oct. 20, 2014.

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