HUNTSVILLE, Ala. (WHNT) – A former Huntsville nurse, who was found guilty of the 2018 murder of her husband, has filed for a new trial.

On July 14, 2022, Marjorie Nicole “Nikki” Cappello was sentenced by Madison County Circuit Court Judge Alan Mann to life in prison with time served.

The defense team for Nikki is requesting a new trial due to insufficient amounts of evidence to support the conviction. The motion reads, “the autopsy report and the testimony of the pathologist from the Department of Forensic Science indicate that the cause of death and the manner of death is both inconclusive.”

The motion states that the evidence was “entirely circumstantial” and did not meet the burden of proof specific to circumstantial evidence cases. It also says that the court made a mistake when admitting testimony from two witnesses, implying Nikki’s guilt before the manner of Jim’s death was established in the trial.

News 19 reached out to Jamie Weast, Jim’s sister, for any additional comments. She said:

I am not surprised. Appeals are part of the standard. She has all the time in the world and she’s pulling at strings to not spend life in prison. She honestly thought she committed the perfect crime. We are thankful for the jury’s outcome and the judge’s sentence handed to her. Justice has been served and I’m confident it will continue to be served.

Jamie Weast, Jim’s sister

The former Huntsville nurse was convicted of killing her husband after giving him insulin shots. Police got a warrant to search her home, where they found her husband, James “Jim” Cappello, dead in the garage. Nikki went willing with the police to be questioned.

In 2021, she was reindicted on her charge of intentional murder. She was scheduled to go to trial earlier in 2022, but it was continuously pushed back after scheduling conflicts. The jury trial eventually began on May 16, 2022.

During the trial, Nikki’s defense attorney, Brian White, said that for a jury to convict her with murder, they would have to prove Jim died from insulin.

On May 19, 2022, she was found guilty of intentional murder. The jury listened to four days of testimony, and made their decision in just over 30 minutes.

It is unknown yet if the motion has been granted.