Prosecutors say the second-degree murder conviction of a former University of Virginia lacrosse player in his ex-girlfriend's slaying shouldn't be set aside.
Charlottesville Commonwealth's Attorney Dave Chapman on Friday filed a response to defense counsel's motion to set aside the jury's verdict because of at least eight supposed pre-trial and trial errors.
Jurors Charlottesville Circuit Court in February found George Huguely, of Chevy Chase, Md., guilty in Yeardley Love's beating death and grand larceny. The suburban Baltimore woman was a member of UVA's women's lacrosse team. Love was found dead in her apartment after Huguely kicked a hole in her bedroom door.
Prosecutors argued at trial that the encounter quickly turned violent and Huguely banged Love's head against the wall. Huguely said in a police interrogation video she initiated the physical encounter. He said he shook Love but didn't cause her fatal injuries.
The Daily Progress reports that Chapman defended the procedures in the case and rejected the need for a retrial.
In the filing, Chapman disputing claims that the court violated Huguely's Sixth Amendment right by asking the defense counsel to proceed with the trial despite an unexpected illness. He also challenged the defense's accusation that the court presented jurors with an inaccurate definition of the word ``malice.''
Chapman also supported the jury's decision to convict Huguely.
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"But for the defendant's actions Yeardley Love would have awakened May 3, 2010 and gone on with her life. It wasn't an accident. It was a second-degree murder,'' Chapman said.
The lawyers are scheduled to appear in court June 29 to argue their respective motions. Huguely is scheduled for sentencing in August.
