WATERLOO, Ill. (KMOX) — The effort to get Christopher Coleman a new trial in Monroe County, Illinois can continue. Coleman was convicted in 2011 of strangling his wife and two children to death early the morning of May 5, 2009. A judge decided Tuesday that a third evidentiary hearing is needed to explore whether Coleman's representation was effective — evidence like finger and footprints on the scene not belonging to Chris Coleman wasn't discussed at trial. The judge doesn't agree that the materials at the heart of Tuesday's hearing — the uncensored, salacious nude thumbnails of Coleman and his mistress with timestamps -- was extraneous or prejudicial because he said that was all submitted into evidence -- so it doesn't matter if the jury saw that specific evidence during arguments. However, the judge is giving Coleman's attorney, Lloyd Cueto, another opportunity to prove his claim that the evidence was extraneous through either additional case law or further arguments -- that will also be discussed in the third hearing.Some jurors in subsequent TV interviews said the introduction of that new information skewed their perception of the case because the timestamps on some of the photos, exhibits 26 through 29, contradicted the timeframe of Coleman's affair with Tara Lintz laid out by the defense.
A judge can't take those unsworn interviews into account when determining whether a new trial is warranted. A jury, he says, is entitled to say they received and looked at the material but cannot say it swayed their opinion.
Cueto attempted to insert doubt by showing the judge that metadata — whether it's from a photo taken on a phone, computer or another device, can be wrong. He pointed to three photos that have the same timestamp -- to the second -- from Christopher Coleman's phone, 10:52:48 a.m. It's impossible those three photos were taken at the same time. A new date hasn't yet been set for the third hearing.
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