A motion for acquittal was denied and a motion for a new trial was taken under advisement by Judge Oliver Kent Lynch in the Robert Jarman murder case.
Jarman was convicted of second degree intentional murder in October in the shooting death of his wife Suzanne Jarman.
In arguing for a motion of judgement of acquittal defense attorney Sam Marsh said inconsistencies in the testimony of the State of Kansas' expert witness Michael Van Stratton, Kansas Bureau of Investigation lab director, were enough to support the motion as those alleged inconsistencies meant the state's evidence did not support a verdict of guilty of intentional murder.
In ruling against the motion, Lynch said inconsistencies were for the jury to decide and the jury had obviously concluded there was sufficient evidence to support the verdict.
Marsh continued to focus on Van Stratton's testimony in his motion for a new trial.
Marsh said Van Stratton's report on blood spatter did not state the Bennelli shotgun Jarman used to kill his wife was "shouldered and parallel to the floor," but Van Stratton testified to that in the trial.
Marsh said Van Stratton changed his testimony between the time the report was submitted and the trial.
"The defense is relying on the state to give notice of what testimony is going to be," he said. "It's our contention the state did not do that.
"We're looking at a sentence of 12 to 13 years, we're asking for one week for Mr. Jarman."
Deputy Attorney General Barry Disney said the defense was required to object to any perceived change in testimony during the trial.
"Mr. Marsh did not do that during the trial," Disney said. "Additionally, the defense is wrong. Nowhere did Mr. Van Stratton testify to the height or orientation of the gun.
"Their whole motion is based on a false premise."
Lyerla said he would need to read the trial transcript and look more closely at the motions before making a decision and would render a decision on the motion by letter.
Sentencing has been set for 10 a.m. Feb. 5 at the Cherokee County Court House.
Jarman remains free on bond while awaiting sentencing, subject to electronic monitoring and court supervision.