Man convicted of killing Cobb County college student asks judge for new trial

COBB COUNTY, Ga. — Parents of a murdered Auburn University student from Cobb County may have to sit through another difficult trial.

In 2008, Courtney Lockhart kidnapped Marietta-native Lauren Burk from her Auburn University campus apartment, forced her to undress as he drove her around and then shot her in the back as she tried to escape from the moving car.

[READ: Parents of murdered Auburn University student furious killer wants new trial]

Lockhart served in combat in Iraq and claims he suffers from untreated post-traumatic stress disorder.

Now, he said his previous lawyers were incompetent when they didn’t show that to the judge who sentenced him to death.

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Former Staff Sgt. Jeffery Anderson served with Lockhart in Iraq and said the man who kidnapped and killed Burk saw such terrible things in Iraq that he developed PTSD, which transformed him.

Seven years ago, in the same courtroom, in front of the same judge, a jury convicted Lockhart of murder and recommended life without parole.

[READ: Parents of slain Auburn student to file claim against university]

But under a unique Alabama law, Judge Jacob Walker overrode that recommendation and sentenced Lockhart to death.

Now, Lockhart’s new attorneys claim his previous defense team was incompetent and didn’t show the judge evidence of Lockhart’s disorder.

Had they, the new attorneys claim, the judge might not have sentenced Lockhart to death.

[VIDEO: Suspect convicted In Lauren Burk murder trial]

"He didn't give her a second chance.  He shouldn't get a second chance either," Burk's mother Vivian told Channel 2's Richard Elliot on Monday.

Elliot was the only Atlanta TV reporter there as Burk’s parents arrived in Opelika, Alabama from Marietta.

Lockhart kidnapped their 18-year-old daughter from Auburn’s campus, robbed her, then shot her as she tried to escape from a moving car. She later died.

[READ: Dad of slain Auburn student, ex-police chief face off in hearing]

The murder shocked the Auburn campus and metro Atlanta.

Her parents have gone to every hearing since Lockhart’s conviction. They told Elliot they want to make sure he never gets a new trial or gets out of jail.

“Courtney Lockhart gave my daughter the death penalty. There’s no reason why he shouldn’t have the death penalty. That’s all I have to say,” Burk’s father Jim said.

The hearing will resume Tuesday morning where Lockhart might take the stand.

Cox Media Group