The court hearing Wednesday was to find out whether or not Thayne Ormsby's former lawyers made a mistake or not by presenting evidence providing an alternative suspect.
The court heard the evidence about the alternative suspect, Robert Strout with what information was available to his trial lawyers.
"Alternate suspect would have been Robert Strout," Thayne Ormsby's current lawyer said the purpose was to show the judge what information was available before the trail regarding Mr. Strout and what information could have been presented to the jury if they chose to go that route.
He said if this is unsuccessful in the state court they plan to go to federal court. "The next level will be to bring up federal habeas petition to protect his constitutional rights that we believe were violated in the state courts process."
There is however a video of Thayne Ormsby confessing to the murders, but his current lawyer said that was a false confession. "He was telling the police what they wanted to here."
Thayne Ormsby mother Maria Ormsby said she does want there to be a re-trial, "He deserves it."
Although she said she does remain by her son she said her heart goes out to the victim's families, "And I know it's been a long hall for the victims families and for that I am sorry for. My heart does break for them."