A four-judge panel asked about two dozen questions today of lawyers on both sides of Gary Thibodeau's appeal of his conviction in the 1994 kidnapping of Heidi Allen.
One of the Appellate Division judges, John Centra of Syracuse, asked most of the questions of Thibodeau's lawyer, Lisa Peebles, and Oswego County District Attorney Greg Oakes during the half-hour argument.
"Doesn't this court have the discretion to order a new trial if we find a grave risk that an innocent man has been convicted?" Centra asked Oakes.
Oakes said that it did, but pointed out that the same appeals court upheld Thibodeau's conviction in 1999, citing overwhelming evidence of his guilt. Acting Oswego County Judge Daniel King carefully evaluated the evidence at a hearing in 2015 and denied Thibodeau's request for a new trial, Oakes said.
One of the five judges hearing cases today, Brian DeJoseph of Syracuse, recused himself from the case. That means only four judges will decide the case. If there's a tie, the case would have to be reargued, Oakes said.
A decision isn't expected for six to eight weeks, although the court has issued its decisions sooner in some cases.