Harvey family killer appeals conviction again

Posted at 12:55 PM, May 15, 2013
and last updated 2013-05-15 17:54:41-04

RICHMOND, Va. (WTVR) - The wait continues for Harvey family killer Ricky Gray. Gray's attorney stood before a three-judge panel today at the U.S. Fourth Circuit Court of Appeals on Wednesday and asked them to reverse a decision handed down by a judge last year.

Last year Ricky Gray challenged his convictions and death sentence for the 2006 murders of Bryan and Kathryn Harvey and their two children. Gray's attorney Robert Lee tried to show the judges that his trial lawyers did not adequately represent him during that hearing.

Gray confessed to the crimes, but Lee said Gray's former lawyers did not fully investigate Gray's statement to police. He said Gray was given details by police during the confession.

Lee said he is trying to prove that the state court ignored Gray's claims and relied solely on evidence against him. The defense also argued Gray deserved to have an evidentiary hearing.

After Wednesday's court proceeding defense attorneys and the attorney for the commonwealth declined to comment. The prosecutor did ask the panel to affirm the judgment made previously by the District Court.

A decision on today's appeal is expected in the next 120 days.

If Gray loses he can appeal and have the full-court instead of just three judges hear his case. Once all appeals are exhausted Virginia's Attorney General would have to set an execution date within a 60-day window.