A door-to-door salesman convicted in August of raping a deaf American Fork woman filed a motion Friday for a new trial with 4th District Judge Ray M. Harding.
But Harding said hw would not rule on the motion until after a jurisdiction hearing is held Nov. 10. If the defense files an appeal, then the judge said he may lose jurisdiction and it would be inappropriate for him to hear the case.If he does have jurisdiction, the motion for a new trial will be heard Dec. 9.
Carl M. McClellan, 24, was convicted by jury in August of raping the 19-year-old woman July 5. He was later sentenced to five years to life in the Utah State Prison.
McClellan's attorney, Jim Rupper, asked Harding to consider the defendant's testimony to police officers, saying it was in violation of his constitutional rights.
Rupper claimed that no Miranda warning was read to McClellan prior to a tape-recorded conversation with police and he had no idea the conversation was being taped.
McClellan was arrested after an American Fork woman reported that a door-to-door salesman had raped her while she was home alone.
During the two day trial in August, McClellan testified he had been selling cleaning supplies in American Fork and had spoken with the victim, but he denied raping her.