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Tammy Sytch Attempting To Get DUI Manslaughter Conviction Thrown Out
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Tammy Sytch is attempting to have her 2023 conviction on DUI manslaughter thrown out via a new legal filing. As you likely recall, the former WWE star was sentenced to 17 years in prison in a plea deal on a series of charges related to the 2022 death of Julian Lasseter.
PWinsider reports that Sytch filed a motion earlier this month in an attempt to have the conviction thrown out. The motion makes a number of arguments, including that her defense council rendered “ineffective counsel” by failing to present evidence relating to pre-existing medical conditions that Lasseter had, toxicology reports, and “possible alternative causes of death.”
The motion notes that it was learned Lasseter had a “substantial and long-standing medical history” including coronary artery disease, stenosis and other serious cardiovascular and internal medical conditions and had Adderall and Cialis per toxicology records. It also notes that Lasseter suffered fractured ribs that appear to be the result of CPR that was administered on the scene of the accident.
The motion notes:
“The incident involved a low-speed collision. Defendant had slowed her speed and was moving toward a turnaround lane at the time of the collision. While the death of the decedent is tragic, the available criminal case materials indicated that the decedent had no significant physical injuries that clearly explained death from the impact itself. Trial counsel did not conduct an adequate investigation into whether the state could prove that the collision legally caused the decedent’s death.”
Sytch argues that her conviction was a result of her defense not properly investigating the matter or presenting qualified expert evidence about Lasseter’s medical situation. She claims there is “a reasonable probability that the trier of fact would have harbored reasonable doubt that Defendant’s driving legally caused the death” and that she would have been acquitted of the homicide offense and only convicted of “a lesser or non-homicide offense, if supported by the charging document and jury instructions,” or that she would have received a more favorable pleas or sentencing.
Sytch also argues that her defense did not learn that the lead Assistant State Attorney who helped prosecute her case was married to the doctor who declared Julian Lasseter’s death. She argues that a better defense would have investigated and determined whether it should have been disclosed or if it “created an actual conflict, required disclosure, justified recusal, or required another appropriate safeguard.”
Finally, she argues that evidence of all of the above warrants “post-conviction relief” and that due to her lack of funds, she was unable to secure legal representation who would have discovered all of this. She is asking that the State of Florida respond, hold an evidentiary hearing, appoint her new counsel if they find that hearing is necessary, vacate her current sentence and conviction, grant a new trial, or “alternatively grant such other postconviction relief as the Court finds lawful.”
On October 21st, a judge filed an interim order dismissing the claim and said it was “facially insufficient.” He said that Sytch failed to comply with the requirements of Florida Rule of Criminal Procedure because the motion “must be under oath stating that the defendant has read the motion or that it has been read to him or her, that the defendant understands its content, and that all of the facts stated therein are true and correct,” and that the defendant must “either certify that the defendant can understand English or, if the defendant cannot understand English, that the defendant has had the motion translated completely into a language that the defendant understands.” Those led to an automatic denial.
PWInsider notes that the move could backfire on Sytch. The judge said that if she was successful in having the plea cast aside, she could “exposed to any legal sentence that could be imposed if she is convicted of the charges.”
In other words, some of the lesser charges that were dropped could be brought back if she stands trial again and she could be facing 26 years of prison — eight and a half more than her current sentence.
Sytch can now file a motion to appeal the dismissal once it is finalized or file a motion to dismiss her claims which would retain the current sentence.
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