Senser appeal hearing postponed after prosecutor is hospitalized

Author:
Updated:
Original:

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.

Next Up

Related

Amy Senser's attorney appeals conviction in hit-and-run death

Amy Senser's attorney filed an appeal Friday over Senser's conviction in the hit-and-run death of Anousone Phanthavong. The 33-page filing in Hennepin County District Court alleges nearly a dozen "abuses of discretion" by the trial judge and seeks her release from jail during the appeals process. Senser was sentenced last month to 3 1/2 years at the Minnesota women's prison in Shakopee.

Prosecutor: Sentence Senser to 57 months

Amy Senser has displayed only "hollow excuses," not remorse, for the hit-and-run crash last August that killed a popular chef, and deserves no less than the maximum sentence allowable under state guidelines, a prosecutor said in response to a defense request for probation.