LOUISVILLE, KY (WAVE) - Attorneys representing a Louisville man convicted of a murder charge and burying the body in an Old Louisville home's basement made a motion for a new trial and to change the sentencing plea agreement.
A jury found Joseph Banis guilty of complicity to murder in March for the death of Jamie Carroll. Co-defendant Jeffrey Mundt testified during Banis' trial.
On Tuesday, defense attorney Darren Wolff alleged prosecutors met with Mundt three days before he testified against Banis. Wolff's motion claims the apparent meeting falls under prosecutorial misconduct, in part because prosecutors allegedly did not disclose the meeting until Mundt's testimony and cross examination.
After his conviction, Banis agreed to a sentence of life without the possibility of parole for 20 years in exchange for his testimony against Mundt. Banis also had to waive his right to appeal. His formal sentencing was set for June.
Carroll disappeared in December 2009. His body was found six months later buried in the basement of the home Banis shared with Jeffrey Mundt after Banis was arrested during a domestic dispute between the couple.
The motion comes the day before opening statements were expected in Mundt's trial.
The judge is expected to rule on the request from Banis Tuesday afternoon.
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