Marian Owens Asking for New Trial

 Marian Owens, the woman convicted last year in the stabbing death of an elderly Lavonia man, is seeking a new trial.

Owens’ attorney, Harvey Wasserman plans to petition the court  for the new trial, but so far no hearing date has been set.

In August of last year, a jury found Owens guilty of felony murder, malice murder and two counts of aggravated assault in the death of 71-year old Tommy Cleveland Janes on December 23, 2011.

She was sentenced to life in prison with no parole.

During the trial, Owens testified in her own behalf, admitting to the stabbing but apologizing.

Owens told the court she stabbed Janes because he grabbed her and she was afraid because she thought he was possessed with demons.

During the sentencing phase of the trial, Wasserman pleaded for a life sentence for his client with the possibility of parole in 30 years, which would make Owens 70 years old at the time of her release.

Wasserman said Owens was mentally ill, but she had no criminal history and her crime did not rise to the level of a hate crime with malice of forethought.  Wasserman told the court if released at age 70, she would have time to do some good with her life.

However, Northern Circuit District Attorney Parks White called the murder the most egregious crime he had ever tried.

White pointed out that the results of a mental evaluation by a state appointed psychologist found that Owens was not delusional as she claimed but had faked mental illness when convenient for her and had lied repeatedly.