Attorneys for Chevie Kehoe and Danny Lee say another man's diary contradicts the prosecution's time line of the 1996 murders of William and Nancy Mueller, and their daughter Sarah.
Former U-S attorney Paula Casey says she didn't seek the testimony of Bufford McDonald because he wouldn't have been a credible witness, and that the evidence was never disclosed because it wasn't relevant.
Casey says McDonald, a convicted rapist, wanted to testify in the trial of the white supremacists in the hopes of avoiding prison time in his own case.
Lawyers for Kehoe and Lee are seeking the new trial because prosecutors didn’t disclose letters and other information that McDonald provided. McDonald was in a county jail at the same time Lee was incarcerated there.