A motion for the acquittal of Tyler Gibbens, 16, convicted of first-degree murder for shooting 12-year-old Anthony Risko on his birthday last year, was denied in Fifth District Court last Monday.

Tom Gibson, defending Gibbens, argued that information given and withheld during Gibbens' week-long trial constituted Sixth Amendment violations and could have aided the defense.

Furthermore, Gibson argued that the verdict would be appealed and could possibly be overturned.

Gibson said. "It's my humble opinion that this case is going to be re-tried," he said.

With that in mind, the defense attorney argued that it would be unfair to have Gibbens incarcerated while waiting out the appeal process.

"We're going to come back, there's going to be re-trial," Gibson said. "Better now to just get it out of the way than let Mr. Gibbens sit in jail for a year or longer waiting for the results of the Supreme Court to bring this thing back. But it's going to come back."

Judge Robert Lane, however, disagreed.

"I believe that the decisions made during the course of the trial were correct," Lane said. "Any errors that were made, if any, were corrected during the proper procedure."

Gibbens is scheduled for sentencing July 16.