CLAYTON COUNTY, Ga — The family of the woman serving a life sentence for killing a driver after a minor accident hopes the Georgia Supreme Court grants her a new trial.
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A Clayton County jury convicted Hannah Payne of the murder of 62-year-old Kenneth Herring back in 2023. She now claims her attorney during the trial made serious mistakes that contributed to the jury finding her guilty.
Payne’s family says she is relying on her faith to get her through. “She stays in prayer, and she believes in the system,” her godmother, Renee Novotny, told Channel 2’s Tom Jones outside the Nathan Deal Justice Center.
The family spoke after the justices listened to oral arguments in the case. They are hoping for the best.
“I’d like to see them rule fairly and require that she be given a fair trial,” Novotny said.
Payne says she didn’t get a fair trial because her trial attorney, Matt Tucker, made serious mistakes by not telling the jury she shot and killed the 62-year-old Herring because she was acting in defense of others while making a citizens’ arrest.
Her attorney told the justices this was no minor mistake.
“The defense that he chose is basically inapplicable,” said Andrew Fleischman.
MORE COVERAGE OF THE HANNAH PAYNE TRIAL:
- Prosecutors say woman gave driver ‘death penalty for committing a traffic infraction’
- Prosecutors say woman accused of gunning down hit-and-run driver was told not to chase after driver
- Lawyer for woman accused of gunning down hit-and-run driver says race wasn’t a factor
- Attorney issue postpones trial for woman accused of shooting, killing man after hit-and-run
The state says Tucker didn’t instruct the jury on citizen’s arrest or defense of others for a reason.
“Because the instructions were not supported by the evidence. Trial counsel was not deficient,” Deborah Leslie with the Clayton County District Attorney’s office stated.
Payne chased Herring after he hit a tractor-trailer and left the scene in Clayton County in 2019. She ignored 911, telling her not to chase.
Prosecutors said Payne went to Herring’s truck and struggled with him before shooting him.
Her attorney said he attacked her by pulling her into his truck, punching, and scratching her. Fleischman said she had a black eye and was defending herself.
The justices had questions about the claim Tucker’s trial performance was deficient.
“Say, if we say it was deficient, was it prejudicial? Did it prejudice her?” Justice Verda M. Colvin asked.
“Why would there be prejudice here if there was deficient performance?” Chief Justice Nels S.D. Peterson asked.
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“We have to say no reasonable attorney would have done what this attorney did,” Justice Charles J. Bethel said.
Attorney Tucker told Jones he chose the jury instruction he did because he didn’t believe telling the jury it was a citizens’ arrest would be successful.
The justices will decide whether or not to grant Payne a new trial by the middle of July, or before that.
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