Court records show a Rankin County teen who was sentenced to life in prison without parole for killing her mother and attempting to kill her stepfather is seeking another trial.
Defense Attorney Bridget Todd filed a motion Thursday requesting a new trial for Carly Gregg, 15, stating "new evidence and material has recently been discovered which probably would produce a different result in a new trial."
On Sept. 20, Gregg was sentenced to life in prison without parole after a jury found her guilty of murdering her 40-year-old mother, Ashley Smylie , attempting to murder her 39-year-old stepfather, Heath Smylie , and tampering with evidence. The offense occurred on March 19 at the family’s Brandon home.
Previous Clarion Ledger reporting states Gregg shot her mother multiple times with a .357 Magnum revolver, killing her. After the shooting, Gregg texted Heath from Ashley's phone to see when Heath would be home, invited a friend over and showed that friend Ashley's dead body.
“Witnesses necessary to establish Carly’s defense were improperly excluded from testifying at the trial. Witnesses were improperly restricted in the testimony they could provide in Carly’s defense," Todd wrote. “Carly did not receive a fair and impartial trial.”
The defense listed more than a dozen reasons for a new trial in the 9-page motion.
Todd states "undisputed evidence" presented at trial of Gregg's mental illness, loving relationship with Ashley and Heath, absence of prior criminal charges, absence of prior violence, good school record, Heath's testimony that Gregg "was not in her right mind and did not recognize him" at the time of the crime does not "support the verdict or sentence" in this case.
The attorney argued that due to the "extensive" pretrial media coverage, the "improper statements made by the State" during the live-streamed pretrial hearings and other matters, Gregg was "denied a fair and impartial trial."
Todd also mentioned a WLBT reporter told defense counsel on Sept. 26 that Kevin Gregg, Carly's biological father, disclosed in an "unaired portion of his interview" with the media organization that Carly was placed in "equestrian therapy as a young child due to experiencing auditory hallucinations."
According to WebMD , equestrian therapy, also known as equine therapy, is a program where professionals guide people through activities with horses to help those suffering various forms of trauma.
WLBT disputed Todd's claim made in the motion.
"…A thorough review of the transcript of that interview and the reporters who worked on the story reveal Carly’s father never said anything about that. Around 4:30 p.m., Friday, WLBT reached out to Bridget Todd to ask her why that was included in the appeal. She has yet to respond," WLBT reported.
In the motion filing, Todd also raised concerns about whether the teen was mature enough to understand the charges against her, make decisions about plea offers and participate in her defense. Todd pointed to the fact a person must be at least 21 to serve on a jury in the state of Mississippi, even though they can register to vote at 18.
See why: Carly Gregg was deemed competent to stand trial, based on judge's ruling
"Mississippi believes that only a person 21 or older possesses the maturity necessary to make decisions about the life of another. However, Mississippi also holds that a 14/15-year-old possesses the maturity necessary to make decisions about plea offers, understand the nature of the alleged offenses, comprehend the nature of the charges against them, effectively participate in their defense at trial, and face the same lifelong sentences of an adult," Todd wrote.
“However, these two fundamentally opposing legal standards cannot be rectified. This contradiction of law constitutes a new trial, or in the alternative, a judgment notwithstanding the verdict.”
No ruling on the motion had been made at the time of publication of this story.
Gregg is currently housed in the Youthful Offender Unit at the Central Mississippi Correctional Facility located in Pearl. The Youthful Offender Unit opened in 2012, as a separate, independent facility to serve individuals under the age of 18, according to the Mississippi Department of Corrections website.
This article originally appeared on Mississippi Clarion Ledger: Carly Madison Gregg sentenced to life for murdering her mother seeks new trial. See why
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