CHARLOTTE, Tenn. (WTVF) — New developments in the Joe Clyde Daniel's case.
NewsChannel 5 obtained exclusive details on how and why he and his attorney will argue the conviction should be thrown out.
It was 12 months ago that justice came for Joe Clyde Daniels when a jury delivered a verdict against his father.
"As to the charge of first degree murder, in the perpetration of a felony crime, how does the jury find," asked the judge.
Seven women and five men convicted Joseph Daniels.
"Guilty sir."
He is now serving 51 years in prison and will likely die behind bars.
But now, Daniels is fighting to have the conviction vacated arguing there was insufficient evidence.
It's a motion that will likely end up at the State Court of Appeals.
But first Daniels will ask the judge in Dickson County for a new trial.
"We had a lot of reversible errors in the trial. So he advised he wants to pursue an appeal," said defense attorney Jake Lockert.
So, what reversible errors?
First, the defense says the judge never should have allowed the jury to hear Daniel's confession.
"Why did I kill my son? Why did I kill my son," said Daniels in a video played for the jury during trial.
The defense will argue the confession was coerced, that Daniels had recanted and there was no evidence to support it.
Which leads to the second issue: Prosecutors had no blood, DNA or any physical evidence to even prove Joe Clyde was dead after he disappeared from his Dickson home in 2018.
The prosecution did, however, call the boy's older brother who testified he witnessed Joseph beat his brother and carry him away.
"The defendant started walking down the driveway? Yes. What had he done with Joe Clyde? He had him in his arms," testified the brother at trial.
In the motion for new trial, the defense is expected to call and again question the brother and other witnesses.
"Some of the witnesses may testify to something differently and that's what the defense is hoping," said NewsChannel 5 legal analyst Nick Leonardo.
The prosecution will argue that Joseph was rightfully convicted and it's unlikely the judge will grant the new trial.
In which case, the defense argument will be moved to the Court of Appeals.
Joe Clyde's mother Krystal agreed to a plea deal earlier this year to serve 15 years for aggravated child abuse.
She cannot appeal.
