Brett Parker’s Attorneys Seek Appeal

COLUMBIA, S.C. (WOLO) — Brett Parker’s defense team says it will file a motion of intent to appeal its client’s guilty verdict and sentence within the next 10 days. While the jury has spoken, the court of public opinion could have a major impact on what happens next. As the court of public opinion continues, Brett Parker’s defense lawyers prepare to appeal his double murder conviction and sentence based on several issues. Three of those include the defense not being granted a continuance after receiving 500 pages of evidence at the last minute; the Prosecution’s failure, according to the Defense, to prove it was Brett Parker who fired the weapon that killed wife, Tammy Jo Parker; and what defense attorneys call a complete disregard of the amount of gun powder residue on Bryan Capnerhurst’s hands, indicating he may have fired a weapon. Associate Professor of Law at the University of South Carolina School of Law, Colin Miller, says Parker’s defense is doing what it should; however, getting the verdict overturned won’t be easy. “He has to prove not only did the trial at court abuse its discretion in allowing certain evidence, certain rulings during trial, but also there wasn’t enough evidence on record for a jury to convict him,” said Miller. Miller also says public opinion, mass media coverage, even post-verdict, could have a large impact on the court of appeals. “What was out there in the press could influence anyone who’s deciding any aspect of the appeal,” said Miller. Miller points out that having an appeal overturn a murder conviction is ‘exceedingly rare,’ but not impossible. The Defense has 10 days to file a notice of intention to appeal.