Press Release
For release: Immediate
For more information contact: James Reams: 642-4249 September 25, 2006
Spinner denied new Trial; Judge not asleep
Superior Court Judge William Groff has denied the Motion for a New Trial filed by Donald Spinner finding that Judge Coffey was not asleep during the trial. Spinner had claimed that Judge Coffey was asleep during the trial and that it denied him a fair trial and his Public Defenders were ineffective in their representation during the trial for failing to challenge the judge.
None of the attorneys involved in the trial testified that Judge Coffey was asleep or failed to rule on objections. Only Donald and Melissa Spinner testified that Judge Coffey was asleep during the trial.
Judge Groff found that while Judge Coffey may have been "fighting to stay awake", she was attentive, alert and engaged in the trial process. The Jurors testified that Judge Coffey was not asleep and responded to the objections made by counsel effectively.