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Lawyer for Charles Wilhite of Springfield motions to have jury's guilty verdict for 2008 homicide set aside

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Wilhite's lawyer, William O'Neil faulted the jury for reaching a guilty verdict in 3 hours despite having to consider 55 pieces of evidence and testimony from 19 witnesses.

11-28-2010-wilhite.jpgCharles L. Wilhite, seen here during his trial last December. A jury found him guilty of first-degree murder.

SPRINGFIELD – Hampden Superior Court Judge Peter A. Velis is expected to hear arguments today about whether he should set aside the jury’s guilty verdict from a December murder trial that resulted in a 27-year-old Springfield man being sentenced to life in prison without parole.

The hearing was scheduled on a motion from lawyer William J. O’Neil to overturn verdict and declare a new trial for his client, Charles L. Wilhite.

Wilhite and Angel Hernandez, 44, on Dec. 13 were each convicted of first-degree murder in the October 2008 shooting death of Alberto L. Rodriguez. Each was sentenced to life in prison without a chance of parole.

The prosecution said Hernandez hired Wilhite to kill Rodriguez.

Rodriguez was shot in his car on Pine Street in Six Corners.

O’Neil in his motion said the jury could not have given careful examination to all the evidence before reaching a verdict. He said the jury reached its verdict in three hours despite 55 pieces of evidence and testimony from 19 witnesses to consider.

The Hampden District Attorney’s Office on Friday submitted a motion opposing the request to set aside the verdict. That motion, filed by assistant District Attorney Bethany C. Lynch, argues there was sufficient evidence that Wilhite was the shooter and the verdict was not out of line with the evidence.

The family of Wilhite, who regularly packed into the courtroom for the trial, have formed a group called Justice for Charles, which has been working to promote the hearing and encouraging the support of local social justice groups. Organizer Vira Douangmany Cage said supporters plan to meet at 1:30 p.m. today in Court Square for a rally before walking to the courthouse.


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