HUTCHINSON, Kan. – A 38-year-old man who has been in prison since he was sentenced in April of 2004 for attempted first-degree murder and criminal possession of a firearm is still seeking relief from his 24-plus year sentence.

Tony Ballard is now seeking a new trial saying there is newly discovered evidence. Ballard in a motion filed without an attorney claims that the key witness for the state perjured himself and that no perjury charge was ever filed by the state. He claims that the state may have granted Phillip Simpson immunity from any prosecution for his testimony.

In court, his attorney Shannon Crane indicated that he may also want to bring up additional evidence at any hearing for a new trial, but at this point didn’t know what that might be. Judge Trish Rose granted her 30-days to file a supplemental brief as argument for a new trial.

The conviction for Tony Ballard was upheld, but he then sought relief from his conviction and sentence through a civil filing of Habeas Corpus. Ballard believed he had ineffective assistance of council at trial, even though his attorney at the time, Tim O’Keefe came back for a hearing on the matter and testified as to what his defense was. The court ruled against Ballard in that civil case.

Ballard was convicted of shooting Simpson at his home in the 900 block of East 8th, back on September 23, 2003.

We’ll continue to follow this story and let you know if a new trial is granted.