Amy Senser to stay in prison pending appeal

1:56 PM, Sep 26, 2012   |    comments
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 PDF Document: MN vs Amy M Senser 9 26 12

MINNEAPOLIS - Amy Senser will remain behind bars while her appeal on a conviction of criminal vehicular homicde moves forward in court.

That was the ruling released late Wednesday morning by Hennepin County Circuit Court Judge Daniel Mabley.  

In a memorandum attached to his ruling Mabley ruled that the request for release on appear was procedurally defective, as no written motion, notice of motion or memorandum was filed or served on the court. Mabley also maintains that Senser and defense attorney Eric Nelson did not satisfy the court that grounds for release exist.

More pointed was the judge's position that Senser's appeal is not likely to succeed and is thus both "frivolous and used for purposes of delay."

Lastly, Mabley ruled that given the extensive publicity in Senser's high profile case and public debate about it, if she were released on appearl the public would believe she was granted favors "because of her celebrity and preceived economic status."   

Amy Senser was sentenced to 41 months in prison in July in connection with the death of Minneapolis chef Anousone Phanthavong. A jury ruled that Senser hit Phanthavong with her car as he attempted to put gas in his vehicle on an I-94 off ramp.

On Wednesday evening, Amy Senser's defense attorney, Eric Nelson, released a statement: "The defense is not surprised by the court's decision. We will vigorously respond in our filings with the Court of Appeals."



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