New trial request denied for Huntsville man convicted of double murder

HUNTSVILLE, Ala. --  A Huntsville man convicted of killing two brothers at a local church food bank will not get a new day in court as of now.

Richard Burgin was sentenced to life in prison for the fatal stabbings of Anthony and Terry Jackson, at the West Huntsville United Methodist Church food bank in May 2013.

Both the jury and the judge decided Burgin was guilty, but chose to sentence him to life in prison without parole, instead of the death penalty like the prosecution had asked for.

Burgin's lawyers, Larry Marsili and Chad Morgan, said Burgin did not receive a fair trial, arguing there was not enough evidence to convict him.

In a hearing Thursday before Madison County Circuit Judge Karen Hill, Burgin's lawyers said their motion for a new trial has expired, and they are now withdrawing as Bergin's lawyers.

"Well the motion for new trial and for acquittal was filed after the trial and in accordance to the rules in our belief that after the 60th day had passed from sentencing that motion became moot," Morgan said. "And it's no longer available to us."

Now, Burgin will receive a new court-appointed lawyer for the appeal process.