The College Station man sentenced to die two months ago for a double murder in March of last year has had his first appeal hearing.
John Thuesen’s motion for a new trial was denied Thursday by Brazos County District Judge Travis Bryan.
A new lawyer brought in to represent Thuesen’s appeal subpeonaed all 12 jurors who convicted the 26 year old of capital murder then ordered the death penalty.
Judge Bryan sent 11 of the 12 home after ruling state law prohibits jurors being asked about their thought process during deliberations.
But Thuesen’s lawyer was allowed to question one juror about an encounter they had with a neighbor during the trial. Headed to the courthouse one morning the neighbor told the juror “Hang ’em”, referring to Thuesen. The juror said they didn’t think they responded to the comment and it wasn’t a factor in their decision.
Thuesen’s lawyer also sought an order to get a Veteran’s Administration psychiatrist to testify about his client. Judge Bryan denied that request as he did during the trial, which was also opposed by the V-A.
Thuesen now has 30 days to appeal Judge Bryan’s rulings to the Court of Appeals.