JACKSON COUNTY, AL (WAFF) - A man on death row who brutally beat to death three family members more than 10 years ago asked a judge for a new trial.
The defense claims there are numerous reasons the convicted killer should get a new trial.
Now 38 years old, James Ben Brownfield was not in the Jackson county courtroom on Wednesday where the hearing was held but remained in state custody.
Brownfield was convicted of brutally killing his sister, 47-year-old Brenda McCutchin and her 3-year-old grandson, Joshua Hodges, with a claw hammer as they lay in their bed.
Brownfield then went to the home of his sister's estranged husband, 64-year-old Latham McCutchin, where he used the same claw hammer and a knife to kill him.
The bodies were discovered Christmas day 2001.
Brownfield's attorneys filed a 115-page appeal for a new trial on February 14, 2011, but state prosecutors said they needed more time to answer the filing.
That eventually led to Wednesday's hearing.
The judge did not issue a ruling but a January 10, 2013 status hearing date was set for the parties to come back to court.