Re-Trial Denied, Thomas Clayton Set to be Sentenced Monday

It was one final attempt for a re-trial before Thomas Clayton's sentencing. 

"If ever there was a case that requires the court to intervene and make things right, it's this case," said Ray Schlather, defense attorney.

After seven weeks in court, Clayton was found guilty in February of hiring another man, Michael Beard, to kill his wife Kelley.

"Tom Clayton is innocent of this murder," said Schlather. 

On Thursday, Schlather attempted to discredit some of the testimony presented during the trial. 

"The jury just got it wrong. And the jury got it wrong in large measure because Sy Ray presented false data to the court." 

Ray is the owner of analytical software company ZetX. In this case, he took call data and GPS records and visually mapped them out for the jury. He examined 60,000 records, and his testimony focused on Clayton and Beard's whereabouts on the days leading up to the murder. 

"Sy Ray was just making up stuff," said Schlather. "He took data with limitations and he then extrapolated from that based on faulty assumptions."

But during the trial, Sy Ray's credentials, background and experience were scrutinized exhaustively. The prosecution argued that Schlather had all of Sy Ray's data during the trial—and they've presented no new evidence to counter it since then. 

"As far as presentation at trial, the fact that it may have surprised defense council, I think they had time prior to trial to get their expert around, and I think they were more so upset that we had the better expert," said Susan Rider-Ulacco, Chemung County assistant district attorney. 

The defense's motion for a retrial was denied—the judge saying he doesn't believe there was any fraud or conspiracy going on. 

Thomas Clayton is set to be sentenced on Monday.

The prosecutor will be asking for the maximum sentence—life in prison without the possibility of parole.

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