A lawyer for Jeffery Trevino, convicted earlier this month in the murder of his wife Kira Steger, aims to have the conviction discarded, the Star Tribune reports.
Lawyer John Conard on Wednesday filed a motion that says his client ought to be acquitted because the injuries to Steger suggested a third-degree assault, which does not support a murder conviction, the newspaper reports.
Conard plans to argue his point in court on Nov. 25, when Trevino is scheduled to be sentenced, the Star Tribune reports.
There was no immediate response from prosecutors.
Trevino was convicted of second-degree murder by a jury Oct. 2 after a two-week trial.
Steger last was seen alive on Feb. 21 while on a date night with Trevino at the Mall of America. He reported her missing to police on Feb. 24, and her body was recovered from the Mississippi River on May 8.
Prosecutors say that Trevino killed Steger at their St. Paul home because she was having an affair and she wanted out of the marriage. They say he then tried to cover the slaying up by dumping her body in the river and leaving her car at the Mall of America.
The defense claimed there was not enough physical evidence to prove that Trevino killed her. Conard did not call any witnesses; Trevino did not take the stand.
Ramsey County last week released some of the evidence that jurors had viewed and considered during deliberations.