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Raquel Nelson's lawyer seeking not guilty verdict in jaywalking death case

Raquel Nelson wipes away tears as Cobb County State Court Judge Kathryn Tanksley delivers her sentence in Marietta, Ga., Tuesday, July 26, 2011, of 12 months probation on two counts to run concurrent with 12 months probation for another count which Nelson was found guilty of on July 12. Nelson was found guilty earlier in the month for second-degree vehicular homicide, crossing roadway elsewhere and reckless conduct which killed her four-year-old son. AP Photo/The Marietta Daily Journal, Laura Moon

(CBS/AP) - The lawyer for Atlanta-area woman Raquel Nelson, who was convicted in the jaywalking death of her 4-year-old son, is seeking to clear his client's name.

Attorney Steve Sadow has filed pleas in Cobb County State Court asking Judge Katherine Tanksley to declare Raquel Nelson not guilty before a scheduled new jury trial Oct. 25, according to the Atlanta Journal-Constitution.

Sadow, who says he is taking the case pro bono because he believes his client's prosecution is unjustified, argues that evidence in the original case is insufficient to warrant a new trial.

Raquel Nelson's son was killed last year by a hit-and-run driver as she crossed a busy Cobb County road with him and her two other young children.

A jury found Nelson guilty of vehicular homicide and other charges. Ironically, she could have gotten three years behind bars which is far more than the six months the hit-and-run driver served.

A judge sentenced her last week to a year of probation, but gave her a month to decide if she wants a new trial instead.

A not-guilty verdict would clear her record, the Journal-Constitution reports.

"Ms. Nelson intends to go forward with a retrial. But there has been such a public outcry against this prosecution that I sincerely hope Solicitor General Barry E. Morgan does the right thing and dismisses the case so that a retrial isn't necessary," said Sadow in an e-mail to The Associated Press.

More on Crimesider
August 4, 2011 - Ga. mom chooses retrial in jaywalking death case
July 26, 2011 - Georgia mom gets year of probation in 4-year-old son's jaywalking death