The legal battle involving James D. Worley, the man sentenced to death for the 2016 abduction and murder of Sierah Joughin, is continuing in Fulton County Common Pleas Court.
Worley’s attorneys with the Office of the Ohio Public Defender have filed a reply to the state’s motion to dismiss his third amended post-conviction petition.
In the filing, they argue Worley’s trial attorneys failed to adequately consult with a DNA expert and did not seek additional or more sensitive testing methods that were available at the time of trial.
The defense contends this limited review impacted the case and warrants further court proceedings, including an evidentiary hearing.
Attorneys claim that multiple pieces of evidence were tested using an older DNA testing kit and that more sensitive methods could have been used. They argue that the additional testing could have produced further information relevant to the case.
The State previously filed a motion to dismiss, arguing the claims are either not new or could have been raised earlier.
Worley’s attorneys argue the issues involve evidence outside the trial record and should be addressed in post-conviction proceedings.
The court has not yet ruled on the request for a hearing.