SUMMERVILLE, S.C.–A Berkeley County man convicted of murdering his girlfriend’s 22-month-old son in 2008 is hoping to overturn his current sentence.
Justin Hillerby, 34, was sentenced to life without parole for child abuse by homicide in 2010. He’s currently incarcerated at the Broad River Correctional Institute in Columbia.
“He has Post-Conviction Relief (PCR) Hearing scheduled for September 8th at the Charleston County Courthouse,” confirmed Bryan Alfaro, deputy solicitor for the 9th circuit.
Nearly seven years ago, Summerville Police say Blaise Preston Spoerl was found dead in his crib, covered in blood. Then Berkeley County Coroner Glenn Rhoad said an autopsy determined the child had been beaten to death.
According to authorities, the child suffered 23 blows to his head and face. During the trial, Hillerby reportedly told a jury that he had no idea how the child got the injuries.
“I did not hit Blaise,” he testified in court, according to The Post and Courier. “When I put him to bed he was fine.”
In the end, his testimony did not convince a jury, but Hillerby is hoping for a different outcome years after his original jury trial.
In South Carolina, a post-conviction relief (PCR) proceeding attacks the original criminal conviction. At this stage, the convicted person, in this case Hillerby, will attempt to prove that his original trial lawyer, Michael Bosnak, was incompetent in handling his case or that there were other errors that prove his trial was unfair.
In 2013, Hillerby attempted to appeal his conviction and sentence. However, the South Carolina Court of Appeals affirmed the trial court’s decision.
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