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Stephen McDaniel's bid for new trial rejected

A Richmond County judge rebuked the convicted killer for seeming to "run up the clock" Friday with repetitive questions.

UPDATE: Friday, 5 p.m.

A Richmond County judge on Friday has rejected Stephen McDaniel's request for a new trial.

Zach Merchant who was in the courtroom says that came down around 5 p.m.

Judge John Flythe rejected every one of McDaniel's arguments over the two day hearing.

He said McDaniel was treated fairly before pleading guilty to Lauren Giddings' murder and his lawyers represented him well.

McDaniel now returns to state prison where he's serving a life term with possible parole

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Stephen McDaniel's bid for a new trial got off to a rocky start Friday when a judge scolded him for seeming to "run up the clock" with repetitive questions.

McDaniel, who confessed to killing Lauren Giddings in 2011, is representing himself in a Richmond County court in a long-shot bid for a new trial.

The hearing began with discussion of McDaniel's motions to disqualify the state's attorney and Richmond County Judge John Flythe himself.

Flythe denied both motions.

McDaniel accuses prosecutors, defense team

In 2014, McDaniel admitted murdering and dismembering Giddings, his Mercer Law School classmate.

He was sentenced to life in prison, with possible parole.

But now, McDaniel argues that the District Attorney's spied on his legal research while he was in the Bibb County jail.

He also argues that his lawyers didn't represent him properly. because they failed to pursue the issue.

He's filed a writ of habeus corpus -- essentially a request for a new trial. But legal experts tell 13WMAZ that it's a long shot that a judge will agree to give McDaniel a second chance in court.

Prosecutor questioned for 70 minutes

Friday's first witness was Nancy Malcor, Bibb's county's chief assistant district attorney.

McDaniel questioned her for about 70 minutes.

He spent most of that time with her trying to get her to confirm details from the transcript of a previous court hearing.

Malcor repeatedly responded by saying she could not recall specific details, but if the transcript reflected it she “did not dispute it.”

'Not the best use of your time'

At one point Judge Flythe interrupted to tell McDaniel that if he’s “attempting to run up the clock” by asking Malcor to verify details already confirmed in the transcript that is “ not the best use of your or the court’s time.”

McDaniel responded by saying his line of question had a purpose. Flythe responded, saying “Your hearing” and allowed him to proceed.

McDaniel attempted to grill Malcor about June 30, 2011, the day police found Giddings' body parts outside the apartment building where they both lived.

His questions described him being placed in the back of a locked police cruiser while being transported to his apartment by police, that he was patted down and had his pockets searched by police before being arrested.

But McDaniel also suggested that officers had not read him his "Miranda rights" at that time.

McDaniel did not explicitly said that his rights were violated, but seemed to imply that.

McDaniel was in 'semi-catatonic state'

Then McDaniel called his own former defense lawyer, Frank Hogue, and questioned him for about an hour and 20 minutes.

Again, McDaniel tried to get Hogue to confirm details in the court transcript.

He also questioned Hogue about McDaniel's own mental and physical state on June 30, 2011, the day his apartment was first searched.

At one point he had Hogue read a report that described McDaniel as being in a “semi-catatonic state, staring off into space” and showing little evidence “he was mentally engaged” with officers.

McDaniel seemed to be implying that he wasn't in a physical or mental state to consent to a search, and that his attorneys failed pursue that line of defense.

Friday's hearing resumed around 1:30 p.m. after a lunch break.

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