Defense attempts to appeal this case and re-open the case to introduce the contradictory evidence. Virginia has what defense attorneys characterize as strict procedural rules "severely limiting the introduction of new evidence and raising of objections after the trial". The prosecutor said they were trying to rework the evidence. The United States Court of Appeals for the Fourth Circuit, in Richmond, turned down his appeal in late 1989, and in 1990, Giarratano was seeking a hearing by the United States Supreme Court.