The defense attorney for a former Oklahoma City police officer convicted of rape and sentenced to 263 years in prison in December 2015 has filed for an extension to prepare an appeal.
Attorney James H. Lockard filed for the extension on behalf of Daniel Holtzclaw, who grew up in Enid, on Tuesday with Oklahoma Court of Criminal Appeals, saying he needed 90 more days to work on an appeal.
In his request, Lockard pointed out the need for potentially more testing on DNA evidence found on Holtzclaw's pants.
"While trial counsel effectively cross-examined the State's expert as to the nature of the DNA evidence and how it was deposited on Officer Holtzclaw's pants, it appears that he missed significant issues with the State's conclusions and failed to do any additional testing that could have refuted those conclusions," Lockard wrote in his request. "More specifically, during closing argument, the prosecutor argued that the DNA evidence came from vaginal cells transferred via vaginal fluid onto Appellant's pants, even though the State's expert could only conclude that the DNA involved skin cells and admitted that no testing was done to verify the presence of vaginal fluid on the pants."
Lockard also said the DNA in two areas that were tested "... was a mixture of at least three different people, at least one of whom was an unknown male, not Appellant."
"Accordingly, it is vital that we consult our own experts to explain the significance of the evidence in this case, as well as to do additional testing on the pants," Lockard wrote.
Lockard also said the defense has more than 5,600 pages of information to review, covering the original record through Holtzclaw's trial.
Jurors found Holtzclaw guilty on 18 charges, including first-degree rape, in December 2015. He had been accused of sexually abusing 13 women while on patrol.
Holtzclaw was found not guilty on the other 18 counts he faced.
This is the third time the defense has sought an extension. The court has 30 days to make a decision.