The lawyer for Amanda Hayes came forward Thursday with what he says is critical evidence the state overlooked in the murder case involving his client.
Johnny Gaskins claims he found a bio-hazard suit and latex gloves left inside the SUV that prosecutors say transported the dismembered remains of Laura Ackerson to Texas, where her remains were discarded.
Gaskin said he hopes to prove the items were used by Grant Hayes to dismember Ackerson and his client was not responsible for the killing.
She pleaded not guilty last month to murder. Two months ago, a jury found her husband, Grant Hayes, guilty of killing Ackerson, the mother of his two oldest children, in July 2011.
Gaskins failed to convince a Wake County judge Thursday that the evidence was strong enough to delay the Jan. 21 start of the trial.
The prosecution said the new evidence will be explained in court.
In the trial of Grant Hayes, the husband's attorney tried to pin the crime on Amanda Hayes.
"This case is about a man covering up his wife's actions," the defense said.