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Thibodeau's lawyers file new appeal in effort to overturn kidnapping conviction

CNYCentral file photo

Lawyers for Gary Thibodeau have filed a request to argue again before New York's Highest Court in an effort to get his kidnapping conviction overturned.

The brief was filed Wednesday afternoon, one month after that same Court of Appeals narrowly rejected Thibodeau's request for a new trial.

"My legal team and I believe it’s worth trying given the important legal issues presented in Gary’s case and for future cases,” defense attorney Lisa Peebles said.

RELATED | Thibodeau appeal heard by NY's highest court

Gary Thibodeau is serving 25 years to life after being convicted of kidnapping Heidi Allen on Easter Sunday in 1994. Over the last three years, new information developed that three other men might have kidnapped Allen. That led to a new series of appeals for a new trial.

Thibodeau was among the last to know about last month's court decision. His lawyer had to visit him in prison to tell him.

SEE ALSO | Gary Thibodeau's family wants the chance for freedom that Neulander got

“When I broke the news to Gary about the latest decision he told me he was ready to die,” Peebles said. ”He looks like a bag of bones wrapped in a blanket. He is so appreciative, but his quality of life is so horrible. I honestly don’t know how he hangs on.”

"He’s in there dying, and they still won’t let him out on medical parole," Gary's brother, Richard Thibodeau, said. "People get out on medical parole so they can get well.”

It is not yet known how long it will take for the Court of Appeals to decide whether to hear re-arguments in the case.

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