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Guyger, 32, did not appear in court Tuesday and the panel seemed to doubt the arguments presented by her lawyer. The judges will hand down a decision at an unspecified later date.
- She shot and killed her neighbor in his own home. And now former Dallas police officer Amber Guyger is hoping to have her murder conviction overturned. Steve Pickett with details from today's appeal court hearing.
STEVE PICKETT: Amber Guyger did not participate in this virtual court hearing. And the court only allowed the recording of audio.
MICHAEL MOWLA: Arguing that my client is not guilty of murder.
STEVE PICKETT: That's Michael Mowla you're hearing, the attorney for the former Dallas PD officer who's now serving a 10 year prison sentence for the murder of both of Botham Jean. Mowla told the panel today the murder conviction for Guyger is not warranted. He told the judges the court and the jury in the original case should have considered a lesser charge because Guyger mistakenly believed Botham Jean was an intruder in her apartment.
But if there was a mistaken fact, a reasonable [? believing ?] mistaken fact, which I assert she had because I think the evidence shows that she thought she was walking into her own apartment.
STEVE PICKETT: Dallas attorney Ashkan Mehryari said the claim of mistake of fact in his opinion will not apply because Guyger testified she intentionally shot Jean. He believes the appellate court will not overturn Guyger's conviction.
ASHKAN MEHRYARI: I thought it was relatively clear that they were not going to do that. If I was a betting man, I would bet very heavily that the trial court verdict will be affirmed.
STEVE PICKETT: A Dallas prosecutor, the office representing victim Botham Jean, said there was no other offense but murder.
- This is a murder case, not a criminal trespass case. She didn't make a mistake about that. She knew Botham was a living human being. She pointed a gun at him. She intended to kill him. That's murder. It's not negligent. It's not mistake of fact. It's not justified.
STEVE PICKETT: Those three judges are likely to render a decision on all of this in the summer. In Dallas, Steve Pickett, CBS 11 News.