Posted: Aug 19, 2011 10:36 AM by Russell Jones
Updated: Aug 19, 2011 6:05 PM
BATON ROUGE - A judge sentenced Denako Duheart today to 20 years for an attempted murder in 2009.
Duheart was convicted in a bench trial this past November of shooting a man on Chippewa Street.
Attorneys used taped witness testimony in the trial after previous murder charges against Duheart, his brother Dearius, and another man were dropped when three witnesses were found murdered.
"The judge made a credibility call, looked at his record, saw his actions subsequent to the shooting, found the victim credible and made an appropriate and a fair sentence," said District Attorney Hillar Moore.
Duheart's attorney asked the judge for a new trial because he claims his client wasn't given the opportunity to request a jury trial, but the judge denied that request.
"We're trying to establish to the court that his not being informed was a constitutional defect in the proceedings which would merit a new trial," said Dayal Reddy, Duheart's lawyer.
The attorney said they would appeal the conviction on the same grounds.