Ninth District Court Judge Norman E. Young, without comment, denied Terry Schmuck a request for a new trial in the May 2015 hatchet attempted murder case. Earlier this winter
Schmuck was convicted of Attempted Second Degree Murder of his estranged
wife by a jury after a week-long trial. He had been originally charged with
Attempted First Degree Murder.
Schmuck's attorney Dan Caldwell outlined more than 10 alleged errors or
unfair elements to the trial, ranging from statements made by prosecutors
outside of court to allegations of arguing personal opinion.
He argued that while many of the issues might have been small on their own,
collectively the resulted in an unfair trial.
Fremont County Attorney Pat Lebrun countered each of the allegations,
ultimately saying that each alone was harmless to the outcome of the trial.
He also noted that the jury did not enter the conviction on the charge that
his team had argued for.