Larry Overton Speaks to 3News - South Texas, Corpus Christi, Coastal Bend

Larry Overton Speaks to 3News

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Convicted murderer Hannah Overton's hearing, which is asking for her conviction to be overturned is now over.

Six days of facts will now be turned over to the Texas Court of Criminal Appeals in Austin, that along with the judge's recommendation.

Both sides fired their final shots in the hearing which could see Overton freed or a new trial ordered.  The final option is to leave her in prison for the rest of her life.

About 30 minutes into the final arguments Hannah Overton began to cry.  That as one of her attorneys began talking about the bleeding on the brain that Andrew Burd suffered.

The defense argues it was caused by salt poisoning, not blunt force trauma as Dr. Ray Fernandez ruled in his autopsy report.  Minutes later, Overton was in tears again during a break as she was simply speaking with another one of her attorneys.

Now what the Texas Court of Criminal Appeals in Austin wants is to find out from this hearing is if there is any new evidence in the case or if there was evidence that was withheld by prosecutors during the trial.

The judges also want to figure out if Overton's attorneys in that capital murder trial in 2007 were ineffective.

During the closing remarks, Overton's attorneys told the judge that expert testimony showed that Andrew Burd had an eating disorder and that Overton did not cause his death or delay in getting him medical attention.

"All of this, your honor, is a game changer.  It is new medical evidence since 2007.  It brings the facts into focus and shows that as a matter of law, as a matter of fact, as a fact of scientific medical evidence Hannah Overton is innocent," said one of Overton's Attorneys, John Raley.

"We've heard a lot about justice for Hannah Overton and I know that is appropriate, but I think it's equally appropriate judge to consider the interest of justice for Andrew Burd and for the memory of Andrew Burd and I fervently hope this court does that and I'm sure this court will," said prosecutor Bill Ainsworth.

The defense then went back before the judge and responded to what the prosecutors had to say about the lack of new evidence brought up at this hearing.  One point brought up by Cynthia Orr was that the state conceded that Andrew Burd had access to water and if that was true, then Overton didn't withhold water from the boy and she couldn't be guilty of murder.

Judge Jose Longoria will read over the testimony in the case and compare that with his notes and then send that, along with his views on the case to the Texas Court of Criminal Appeals in Austin.  That has to happen within 30 days, then the folks in Austin will decide if Overton needs to be freed, re-tried or left in jail.