HOUSTON COUNTY, Ga. — There will not be a new trial for Brandon Warren. He's one of the two Perry men convicted of killing high school classmate Sam Poss five years ago.
Poss went missing in October 2016. Investigators found his body a few days later buried in the woods outside Perry.
Houston County Superior Court Judge Edward Lukemire denied Warren's motion for a new trial on Friday. Warren's new lawyer argued that his previous attorney didn't represent Warren effectively during his trial in 2018.
Brandon Warren and Dakota White were both sentenced to life in prison without parole for the murder of Sam Poss.
Nicole Poss, Sam's mom, is glad the request was denied.
“First thing I'll say is I'm so happy that the judge declined his motion for a new trial. I hoped that would happen and it did so I'm so incredibly happy and grateful for that,” said Nicole.
Nicole says she wasn't notified about Friday’s court date. She says she wanted to attend because she needs closure.
“Just to see him again was important to me, so I'm feeling kind of like I haven't gotten my closure that I needed from that particular hearing. No one can bring that back, I can't get back in there. So, I'm going to have to figure out a different way to do it. Every time one of these court dates come up, it is heartbreaking,” said Nicole.
Acting District Attorney William Kendall says his office's staffing problems played a part in that, but he says there's still no excuse.
He called Nicole on Monday to explain.
“When I looked at this particular case, when I found out the victim wasn't notified, it showed me that the last victim advocate that was actually assigned the case, is no longer here. The attorney that originally tried the case is no longer here. And of course in our tracking system, it shows, the case was closed that we got a conviction out of it, the jury verdict and so it's not something that shows pending,” said Kendall.
Kendall says he offered to order the court transcripts for Nicole.
Nicole says she was frustrated, but accepts the apology. She says the memories of her son will live on.
“He was such a sweetheart, just, he was an amazing son. I miss him still so much. And he made everybody smile. He was a jokester. He was a good kid,” said Nicole.
Both Warren and White remain in prison.
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