CHADRON, Neb. -- Defense attorneys have filed a motion asking for a new trial for Joseph Hotz, who was convicted of second-degree murder for the death of his roommate, Kenny Pfeiffer Jr., second-degree attempted murder of Rolland Sayer, making terroristic threats and three counts of use of a deadly weapon to commit a felony. A jury found him not guilty of attempted robbery and one weapons charge.

The trial lasted a week, and the jury deliberated for nearly 10 hours before reaching its verdict. The appeal is expected; defense attorneys Jeff Pickens and Paul Wess were upset when Dawes County District Judge Brian Silverman did not allow the jury to consider a verdict of not guilty by reason of insanity. The attorneys notified the court in April they planned to use that defense at trial, and Pickens said Silverman initially said he would allow the defense’s expert witness to testify on the elements of insanity.

On the final day of the trial, however, Silverman instructed expert witness Dr. Daniel Wilson not to answer questions regarding whether or not Hotz knew right from wrong during the events of Dec. 5, 2008, and then informed attorneys for both sides that the insanity verdict would not be presented to the jury. Silverman said he did not believe it was allowable by law.

The motion for a new trial lists several grounds: irregularity in the proceedings that prevented a fair trial, misconduct of either the jury, a prosecutor or a state witness, an accident or surprise which ordinary prudence could not have guarded against, a verdict not sustained by evidence, newly discovered evidence, and an error of law. No specifics are spelled out in the motion.

Hotz, 26, of Rushville is scheduled for sentencing Jan. 12. Pickens said after the trial that if his motion for a new trial is not granted, he will appeal.