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Published Friday, November 20, 2009 in Local
Judge denies new trial for wife convicted of killing her husband
The Times-Herald
Michelle Garner Hall returned to Coweta Superior Court Thursday and once again went before Judge Jack Kirby for the first time since she was convicted in September of killing her husband, 37-year-old John "Britt" Hall, on July 30, 2008, at their Sharpsburg home.
The last time Hall stood before Judge Kirby in his courtroom, he sentenced her to life plus 20 years for the count of aggravated assault. She will become eligible for parole after 30 years.
On Thursday, Judge Kirby denied Hall's motion for a new trial. As a result of a motion filed, Hall will be allowed to remain at the Coweta County Jail throughout the duration of the appeal process.
Assistant District Attorney Kevin McMurry said the next step will be for Hall and her lawyers to file an appeal with the Georgia Supreme Court. McMurry anticipates that the appeal process could take between 12 and 18 months.
Hall's attorney, Scott Key -- who was standing in for Hall's trial lawyer, Mike Kam, on Thursday -- argued extensively that the testimony of Hall's ex-husbands, Rusty Hart and Steve Davis, should not have been admissible at trial. The ex-husbands testified about previous incidents of violence at the hands of Hall. Key argued that it didn't constitute "similar transaction" evidence, and he added that Hall's ex-husbands had "an ax to grind."
Key argued that the allowance wasn't mere "harmless error," because he felt it contributed to the jury's decision.
"This was not an overwhelming case -- it was close and could have gone either way," said Key.
The fatal shooting took place at the Halls' Sharpsburg home at 143 Joe Cox Road. Coweta County emergency dispatchers received a 911 call from Michelle Hall on July 30 at 8:02 p.m. Deputies arrived on the scene to find John Hall deceased from three gunshot wounds -- one to the leg, one to the chest and one to the arm.
[Clarification: Michelle Garner Hall was sentenced in September to life in prison for malice murder and an additional 20 years for the count of aggravated assault.]
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