KUSA - Prosecutors are seeking a continuance in a murder trial that has taken a strange turn. Edward Montour was in court Thursday.
Montour was serving a life sentence for a crime he may not have committed when he took the life of corrections officer Eric Autobee in 2002. New evidence could take the death penalty off the table for the convicted killer.
Montour was convicted of first degree murder in 1998 after dropping his 11-month-old daughter, Taylor. According to the medical examiner, the infant's broken bones indicated she suffered more significant injuries.
Thursday, Montour's attorneys argued advances in technology led their experts to believe Taylor Montour died as a result of a bone disease and Montour was wrongfully convicted.
Based on the new findings, the El Paso County coroner changed Taylor Montour's cause of death from "homicide" to "undetermined" earlier this week.
"Our experts are so good that the [prosecution's] experts are now our experts," defense attorney David Lane said in court.
The prosecution does not feel Montour's attorneys were timely in sharing the new findings.
"I'm asking the court to either strike the defendant's [expert witnesses] from this case or give a continuance," District Attorney George Brauchler told the judge.
It is likely the court will decide on a continuance Friday. If the judge chooses to move forward the trial will begin Wednesday.
"[The jury's task will be] to determine if Montour is guilty by reason of insanity in the 2002 murder of Autobee and to determine the penalty for that guilt," Lane said.