Overton's case goes to appeals court Thursday

Oral arguments will be given but decision from appeals court could take months

CORPUS CHRISTI - Hannah Overton's attorney Thursday will ask the 13th Court of Appeals to overturn her capital murder conviction in the death of a boy she was in the process of adopting.

Oral arguments from her attorney and the prosecution will begin at 10:30 a.m. Thursday

Overton, 31, was convicted of capital murder in September 2007 and is serving a life sentence. She was convicted in the Oct. 3, 2006, death of 4-year-old Andrew Burd, whom she was in the process of adopting with her husband, Larry, 32. The couple have five biological children together.

During Thursday's hearing, attorneys from both sides will have 20 minutes each to make their arguments to a panel of three justices. Justices Linda Reyna Yañez, Dori Contreras Garza and Rose Vela will sit on the panel. As with most appeals cases, it could be several months before the justices issue an opinion. Court officials said Overton would not attend the hearing.

Overton's defense asserts in court documents the prosecution held back a key witness and that the wording of the jury instructions and charge warrant a new trial.

Prosecutor Doug Norman has said at a previous hearing that the defense not only spoke to the witness, Dr. Edgar Cortes, during the trial but also listed him as a potential defense witness at one point.

The instructions to the jury indicated Overton could be found guilty either by intentionally or knowingly causing his death or by failing to seek medical care. All 12 jurors found her guilty by her failure to act.

Prosecutors have argued Overton received a fair trial and want her conviction upheld.

Since the trial, her supporters have launched a Web site, www.freehannah.com, petitioned the governor for her release and continue to have weekly prayer meetings. The case also has gotten national media attention, recently on ABC's "20/20."

Earlier this year, Larry Overton, who also was facing a capital murder charge, pleaded no contest to a lesser charge of criminally negligent homicide. He was sentenced to five years of deferred adjudication probation and a $5,000 fine.

Contact Mary Ann Cavazos at 886-3623 or cavazosm@caller.com

This Week's Events