Driver who caused deadly school bus crash wants conviction thrown out; a court disagrees
A decision has been made in the appeal of the conviction of the driver who caused a school bus crash that killed an 11-year-old boy in Clark County.
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The Second District Court of Appeals issued a decision on Friday, affirming Hermanio Joseph's 2024 conviction for causing the August 2023 crash that killed Aiden Clark.
He was sentenced to nine to 13.5 years in prison.
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As previously reported by News Center 7, an appeals lawyer for Joseph presented reasons to a three-judge panel last month as to why her client should have his conviction reversed and be given a new trial in a different jurisdiction.
News Center 7 was in court when she claimed Joseph's trial lawyer didn't show that the extensive pre-trial publicity could not allow Joseph to get a fair trial in Clark County. She also claimed his initial representation and the trial court judge did not ensure jurors could decide the case in an unbiased manner.
The Clark County Prosecutor's Office released the following statement after the decision was issued:
'Today's decision from the Second District Court of Appeals affirms what we were always confident of. The Court in their opinion found that Mr. Joseph had competent counsel and that the trial Judge ruled correctly.
It further enforces that Mr. Joseph received a fair trial and that the jurors were correct in finding him guilty.
The appeal filed by Mr. Joseph was an attempt to mischaracterize what happened during the course of the trial and to diminish the hard work put into this case, by law enforcement and the Clark County Prosecutor's Office. Mr. Joseph's appeal failed because it relied on exaggeration and sensationalism and fell short on truth.
We are satisfied that this brings a close to this painful chapter and that hope the healing process can continue for everyone involved."
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