Convicted Halloween killers ask for new trials - WAFF-TV: News, Weather and Sports for Huntsville, AL

Convicted Halloween killers ask for new trials

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Henry Varise and Sheldon Henry were convicted and sentenced to three decades in prison. Henry Varise and Sheldon Henry were convicted and sentenced to three decades in prison.
HUNTSVILLE, AL (WAFF) -

Two men convicted for a Halloween 2011 murder want new trials.

Henry Varise and Sheldon Henry were convicted and sentenced to three decades in prison. Thursday, the men asked a Madison County judge for an acquittal or a new trial.

Sheldon Henry's attorney, Ron Smith, argued that the evidence presented by the state was not evidence that could determine that it was a reckless act. He said it would have been proper to make a charge of intentional murder, but not reckless.

"I'm not saying it was intentional," Smith said, "I am just arguing that the evidence presented by the state was not that it was a ‘reckless with extreme indifference' act, but that it was an intentional act."

Smith said the next step is for both parties and the judge to review transcripts from the trial.

A decision on the motion has not been made at this time.

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