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December 2, 2009

Decision on new Goodwin trial delayed

By BOB GIBBINS



A decision on whether to grant a Sallisaw man a new trial on first-degree manslaughter charges in Cherokee County has been delayed.

Court records show District Judge Mike Norman ordered Assistant District Attorney Josh King and defense attorney Stephen Fabian to file briefs supporting their respective positions in the case of Jacob Wayne Goodwin.

Goodwin, 23, wants a new trial after being convicted of first-degree manslaughter for the February 2007 traffic death of Jorge Espinoza Ayala.

The crash occurred on South Muskogee Avenue and also involved a vehicle driven by Christopher Vokoun.

Norman, in accordance with a jury recommendation, has sentenced Goodwin to 20 years in prison for the crime.

Fabian argued several points in a request for a new trial, claiming Norman erred by failing to instruct jurors that Goodwin would have to serve 85 percent of his sentence before he is eligible for parole.

After briefs are filed by the Dec. 16 deadline, Norman will have a hearing Dec. 23 at 11 a.m. to make his decision on whether to grant the new trial request.

Goodwin will be at the Dec. 23 hearing.

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Poll

What do you plan to do over the Memorial Day weekend?

Go to Lake Tenkiller or Lake Fort Gibson.
Go to the Illinois River.
Attend ceremonies to honor veterans.
Spend time at home with family and/or friends.
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A combination of the above.
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