James Marion Sanford still faces life sentence
</element><element id="paragraph-1" type="body"><![CDATA[A former Elizabethtown man got a conspiracy charge vacated Friday, but still must serve natural life in prison for the murder of a Cave-In-Rock man.
James Marion Sanford, 32, was at the Hardin County Courthouse Friday morning to try to get his sentence reduced from natural life in prison in what the prosecution called an "execution-style murder" of his brother-in-law, Wilson Deneen Tolbert, Jr.
Tolbert was found shot in the back and head May 24, 1995, at his farm five miles north of Elizabethtown.
Circuit Judge David Underwood vacated the conspiracy to commit murder conviction against Sanford because, as defense attorney Edward Downey argued, the law will not allow someone to be convicted of conspiracy if found guilty of a more serious crime.Sanford was never sentenced on the conspiracy conviction.
The natural life sentence was passed down June 28.Downey filed 14 motions, most being motions for a new trial. Most of the motions were denied Friday.
One more post-trial motion for new trial will be argued Dec. 13 at 10 a.m. It was not argued Friday because voir dire, jury selection, transcripts were not complete.
Downey said the motion is in regards to Lamar "pre-educating" the jury about law.
Lamar told members of the jury pool that "reasonable doubt doesn't mean beyond any doubt.""You can pre-educate on facts, but not law,"
Downey said, because that is up to interpretation.Lamar, whose term in office ends Dec. 2, will be appointed a special prosecutor to finish off the case.
The state's attorney-elect is Jeff Sutton, who defended a Chris Tina Reed Olveda, 33, Sanford's girlfriend, who was also originally charged in the case as well.
Olveda pleaded guilty Jan. 8 to obstructing justice and possession with intent to deliver methandphetamines, so the murder and conspiracy charges would be dropped and she provided testimony in Sanford's case.
She is serving eight years in prison.
During the trial, Hardin County State's Attorney Paul Lamar brought forth witnesses that testified Sanford and Elizabeth Hope "Liz" Tolbert, 35, the victim's wife, conspired to kill "Junior."Liz Tolbert began serving 45 years in prison March 28 when she pleaded guilty to the first-degree murder of Junior.
In the agreement, she gave testimony against her brother.