Clay's Defense Attorney Files Motion for Different Verdict, Even - Toledo News Now, News, Weather, Sports, Toledo, OH

Clay's Defense Attorney Files Motion for Different Verdict, Even New Trial

Daniel Clay in court (Source: WTOL) Daniel Clay in court (Source: WTOL)
MONROE, MI (WTOL) -

Wednesday we learned that Daniel Clay, the man convicted of murdering Chelsea Bruck,  wants a new verdict or a new trial all together. WTOL took a look at this rare motion filed by the defense and how DNA evidence is still at the center of the case.

The job of the defense attorney isn't over just because a trial has ended. And such is the case with Daniel Clay and his defense attorneys as they filed a motion to the judge to seek a different verdict or a new trial.

WTOL dug through the motion and found that the defense believed the jury had to make a leap of an assumption to believe Clay raped Chelsea Bruck before killing her, stating there wasn't enough evidence to clearly prove criminal sexual misconduct occurred at the time. Clay testified he was having consensual sex with the victim Chelsea Bruck. 

However the prosecution believed otherwise.

"We believe the defendant was offered a fair trial and that the evidence supports the jury and that the jury made the correct decision," said Leah Hubbard, Monroe County Prosecutor.

The prosecution also said the DNA obtained from Daniel Clay during an arrest for a different case that was later thrown out is still their strongest evidence.

"It was actually a different offense. It was a larceny offense based on the alleged theft of some tattoo equipment but nonetheless was a felony charge and as a result his DNA was collected at the time of his arrest and later matched through Codis to the evidence in this case," Hubbard said.

After a recent change in Michigan law, all felony arrests require DNA samples to be taken.

The prosecution said they plan to file their response for the record soon.

The judge did set a hearing date for the motion submitted by Daniel Clay's defense attorney and that date is July 7.

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