Prosecutor: Senser conviction should stand

Senser and attorney
Amy Senser and her attorney, Eric Nelson, wait to enter a courtroom to hear the jury's verdict in her hit-and-run trial Thursday, May 3, 2012, at the Hennepin County Government Center in Minneapolis. The jury found Senser guilty on two of three felony counts.
MPR Photo/Jeffrey Thompson

The Hennepin County Attorney's office today fired back against Amy Senser's request for acquittal or a new trial.

The trial judge's decision to withhold from the court a note passed to him by the jury does not justify a new trial, said a memo filed by prosecutor Deborah Russell. There was plenty of evidence for jurors to find Senser guilty, and the conviction should stand, Russell said.

The wife of former Minnesota Vikings star Joe Senser was convicted three weeks ago of criminal vehicular homicide in the death of Anousone Phanthavong

Before announcing the verdict, jurors gave a note to Judge Daniel Mabley saying they believed Senser's testimony that she thought she hit another vehicle, and not a person.

Mabley did not disclose the note until four days after the verdict was read.

Senser's attorney Eric Nelson argued last week that the judge should have shared the note. The law requires the defendant to knowingly hit a person to be convicted of vehicular homicide, Nelson said.

Judge Mabley will hear the matter on May 31.

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