APPLETON, Wis. (WTAQ) - A man convicted of killing another man outside an apartment building near Appleton said his lawyer should have done more to blame his co-defendant.
27-year-old Michael Potts wants a new trial, and an Outagamie County circuit judge will hold a hearing on the request January 14th.
Potts and Keith Birr were charged with homicide in the October 2008 shooting death of 23-year-old Artheddius Peeler of the suburban Twin Cities.
Prosecutors said the victim was celebrating his birthday with his sister when Potts and Birr confronted him about a loud party. Authorities said the two defendants went to get a gun, and Peeler was shot at close range.
Potts’ lawyer argued during his trial that Birr pulled the trigger, but several witnesses claimed otherwise. Also, Potts’ appellate attorney said the jury had no business knowing that his client was a drug dealer – because it was not germane to the shooting.
Potts was sentenced to life in prison, with a chance for a supervised release in 50 years. Birr is scheduled to go on trial March 4th on his homicide charge.
