Defense lawyer Lisa Peebles filed a nearly 200-page document that she believes presents evidence that should lead to Gary Thibodeau's release.
DA Greg Oakes says the motion is essentially an effort to give Thibodeau a new trial.
Peebles says that the prosecution withheld evidence during Thibodeau's trial, including information about the victim.
Peebles says that Allen had been working as a confidential drug informant for the Oswego County Sheriff's Office, and a card describing her as an informant was dropped in the parking lot of the convenience store in which she worked.
"I was shocked when I came across that information in the file. We were fortunate to find the file through efforts from other people and I that...and I was blown away. I couldn't figure out how did this never come out in the trial. We didn't realize the defense never had it," Peebles said.
Peebles believes that if the defense had access to the information, it could have made a difference by providing an alternate theory.
She claims it helps substantiate the motive that Allen posed a threat to the three men who she believes kidnapped Allen.
Oswego County District Attorney Greg Oakes said he was disappointed that the defense lawyers had offered information to local media.
"I was disappointed that portions of the motion were leaked to a reporter this morning before it was even made available to the DA's office. I'm not sure why the defense is trying to try this case in the media, rather than in the courtroom. For the DA's office, this isn't about gamesmanship, or who can catch the biggest headline, it's about trying to get to the truth, which I thought the goal of this was," Oakes said.
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