An appeal is underway for a Moncton woman serving a life sentence for the brutal murder of a teenage friend.
Last May, Marissa Shephard was found guilty of first degree murder and arson, with disregard for human life, in connection to the death of 18-year-old Baylee Wylie.
During the jury trial, the court heard that Wylie was beaten and stabbed before a mattress was placed on his body and then lit on fire.
READ MORE: Devin Morningstar sentenced to life in prison for Baylee Wylie murder
Shephard and Devin Morningstar were both convicted of first-degree murder, while a third person, Tyler Noel, pleaded guilty to a lesser charge of second-degree murder. All three are serving life sentences.
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The appeal is based on errors in law, more specifically with respect to a videotaped statement Morningstar gave to police after Wylie was found dead in home.
A lawyer representing Shephard told the panel of three judges that Morningstar’s statements and evidence should have never been admitted, focusing solely on the fact it was self-serving and on more than one occasion he admitted intent to “tweek” his story.
READ MORE: Marissa Shephard found guilty of 1st-degree murder in death of Baylee Wylie
“Once he told it once he wasn’t going to change his story,” explained lawyer Margaret Gallagher as she pointed to inconsistencies between what Morningstar told his friends and then the authorities.
Justice Drapeau pointed out that Morningstar had told the same story to three different people, one being an undercover officer while he was being held in custody.
He also felt the trial judge was being “unfairly criticized for the job he did.”
Shephard is being held in a federal penitentiary, her lawyer is looking for a new trial, where new evidence could be presented including testimony from Morningstar and Noel.
Meanwhile, the courts reserved the decision on the appeal.
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