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Dippolito lawyers file motion for new trial

Posted at 8:33 PM, Jun 22, 2017
and last updated 2017-06-22 23:49:45-04

A new motion filed by Dippolito's attorneys requests a fourth trial. 

Dippolito's lawyers want to interview jurors on claims that one of them slept through key parts of the case. 

“This motion should be granted because this Court erred in denying both defense counsel’s motion to remove [Eileen Ann] Castaneda for sleeping and replace her with an alternate juror,” said papers filed by Dippolito’s defense team. “In doing so, the Court deprived Ms. Dippolito of a fair and impartial trial by jurors who were attentive to the evidence presented.”

The Boynton Beach woman tried three times is now in jail after found guilty of trying to have her then husband, Mike Dippolito, murdered.

RELATED: Jurors find Dalia Dippolito guilty in third trial

Dippolito was convicted for the second time on June 16. Her 2011 conviction was overturned on appeal. Last December Dippolito was tried again, but jurors were deadlocked on a verdict. 

Dippolito's defense team celebrated somewhat of a victory when jurors were deadlocked 3-3 in Dippolito's last trial.

What changed the outcome of this trial? Her attorneys said prosecutors presented prior so-called 'bad acts' that were kept out of previous trials. 

Dippolito faces 20 years in prison. If not awarded a new trial, she will be sentenced July 21.