The Galveston County Daily News

FRIENDSWOOD — A sleeping juror and prosecutorial misconduct are among the claims an attorney is making in seeking a new trial for a former Valero employee who pleaded guilty to robbing the store.

If a new trial is granted, however, Amber Catrice Edmonson, 22, risks trading her eight-year sentence for life in prison.

A hearing is set for Thursday in Galveston County’s 10th District Court, her appeals attorney, David Disher, said.

Edmonson pleaded guilty to the July 17, 2008, aggravated robbery of a Friendswood Valero and asked for probation. Edmonson faced from five years to life in prison; the jury sentenced her to eight years.

Authorities charged six people in the robbery, in which a clerk was held at gunpoint while another person printed five $1,000 money orders, a prosecutor said.

Disher didn’t represent Edmonson in her July punishment hearing. He based his two-page motion for a new trial on Edmonson’s statements.

In the motion, Disher claims Edmonson was denied a fair trial and a juror was asleep during the punishment phase.

Disher also claims prosecutor Lester Blizzard committed misconduct by telling the jury, “We can’t use the lying snitch in any of the other cases,” and “the judge did not let her out — why should you?”

Disher claims Blizzard’s comments were made without objection from her defense attorney, Charles Thompson. Disher also claims Thompson did not properly advise Edmonson of all the reasons she should not waive a jury trial. Disher has subpoenaed both attorneys to the hearing.

“I’m very confident I will be found effective in my representation,” Thomas said, noting neither he nor two prosecutors saw a juror sleeping.

There were no supporting documents, such as affidavits, accompanying the motion, Thompson said.

“I explained to my client what her options are with regard to going to trial,” Thompson said. “I’ll be able to expound on the stand.”

Attempts to reach Blizzard for comment were unsuccessful.

“Mr. Blizzard is a good lawyer,” Disher said. “It’s nothing personal. It’s just my job to bring these things up.”

If a judge grants a new trial, Edmonson risks trading her eight-year sentence for life in prison, Disher said.

“She got the lower end of punishment for a first-degree felony,” Disher said.

A letter written by Edmonson, which is in her court file, states she wanted probation so she wouldn’t be away from her young child.