LOUISVILLE, KY (WAVE) - A judge denies a Louisville man convicted of murder and burying the body in basement a new trial and changing a deal with prosecutors.
Judge Mitch Perry ruled Joseph Banis must adhere to an agreement requiring him to testify in co-defendant Jeffrey Mundt's trial already underway. Opening statements begin Wednesday.
The motion also included a request for a new trial and claimed Assistant Commonwealth Attorney Ryane Conroy was guilty of misconduct. Defense attorney Darren Wolff claimed prosecutors met with Mundt three days before he testified against Banis.
Wolff's brief also claimed the apparent meeting fell under prosecutorial misconduct, in part because prosecutors allegedly did not disclose the meeting until Mundt's testimony. Wolff also alleged Conroy knew Mundt would not tell the truth when called as a witness during Banis' trial.
Judge Perry was not convinced and ruled against both requests filed by Banis' attorneys, Wolff and Justin Brown.
Wolff wanted Banis out of a deal that required him to be called as a witness in Mundt's trial. A jury found Joseph Banis guilty of complicity to murder in March for the death of Jamie Carroll. After his conviction, Banis agreed to a sentence of life without the possibility of parole for 20 years in exchange for his testimony against Mundt.
Banis also had to waive his right to appeal. His formal sentencing was set for June.
Mundt testified during Banis' trial.
Carroll disappeared in December 2009. His body was found six months later buried in the basement of the home Banis shared with Jeffrey Mundt after Banis was arrested during a domestic dispute between the couple.