(CBS) ORLANDO - The Florida millionaire convicted of murdering his wife wants to be released from jail while his lawyer requests a new trial.
A jury found Bob Ward, 62, guilty in the 2009 shooting death of his wife, Diane. Ward is scheduled to be sentenced today, but his attorney has asked for a new trial, alleging prosecutorial misconduct and claiming Ward's constitutional rights were violated when the judge allowed the jury to handle the gun that killed Diane Ward.
Juror Pedro Gonzalez told CBS affiliate WKMG that holding the gun was key to the jury finding Ward guilty. Ward's defense says the fact that the jury handled the gun was an uncontrolled experiment and they want to interview the jurors about the incident.
The defense had argued that Diane Ward was suicidal and that the gun went off accidentally as he was trying to keep her from killing herself.