GRAND JUNCTION, Colo. (KKCO) - It’s been nearly six years since Michael Blagg was sentenced to life in prison for murdering his wife.
Tuesday Blagg will be in court for the second day in a row, attempting to get a re-trial.
His defense argues the first trial wasn’t fair and one of the jurors didn’t disclose medical problems that could affect her decision-making process.
Marilyn Charlesworth did not inform the court in 2004 she has deteriorating visit, a prosthetic eye and had used Xanax.
Now the defense is calling Charlesworth legally blind and is asking for a new trial.
Brian Connors, Blagg’s defense attorney, said in court Monday, “Where he declared she was legally blind it was through this interview in 2005 that it was first disclosed she has one eye she has a prosthetic left eye."
Prosecutor Rich Tuttle said, "Based upon his communications with us last summer that in face she would be perfectly fine to be a juror in this case."
Ultimately, it will be up to the judge to determine whether Charlesworth’s vision created a flaw in the verdict, and if there will be a new trial.
Blagg’s hearing will resume Tuesday and Marilyn is expected to take the stand during the hearing. 11 News is in the courtroom and will have the latest information as it becomes available.
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