WINCHESTER, Va. (WHSV) -- UPDATE: 5/20/2014 5 p.m.: A valley woman found guilty of first degree murder, arson, and child abuse and neglect was back in court Tuesday.
It's a case that has had Winchester and the entire valley talking since it happened last summer. Sherry Lee Cruz allegedly set her house on fire in Winchester which led to the death of her two-year-old son, Christian.
Tuesday, Cruz's defense tried to have the guilty verdict reached by the jury in back in March set aside. The judge denied that motion. One of Cruz's attorneys, Christopher Collins, says and he the other lawyer working on the case have been through a lot in working with her.
"Of course, we're dealing with a child who died as a result of a fire, which is emotional in and of itself. For Mr. Hensley and I, we spend a lot of time away from our families and our children in defending this case," shared Collins.
Meanwhile, the Winchester Commonwealth's Attorney, Alexander Iden, maintains that Cruz is guilty despite the defense's arguments on Tuesday.
"The sentencing was set for today (Tuesday), but did not happen today, because Ms. Cruz, though her lawyers, made a motion for continuance. They want to further investigate that they might be able to figure out where the gas can is that was used to start the fire," explained Iden.
Collins adds that the defense team disagrees with the judge's decisions to not set aside the verdict even though they were granted the motion to continue investigating.
"Mr. Hensley and I are somewhat upset about that. We did a lot of research. We think that our motions where based on fact and law. We think that the judge is incorrect in not supporting our motions in setting aside the verdicts. We think this is a highly circumstantial case, and we don't think the commonwealth met its burden to find her guilty," added
When it comes to the search for the gas can, though, Winchester's Commonwealth Attorney says he doesn't see the point.
"The Commonwealth maintains that the location of the gas can is not relevant. How would you show that that's the actual gas can that was used? it's a pretty generic gas can,"
That's a gas can that he argues helped start a fire in the house and killed a two-year-old boy.
Cruz's attorney says that they have to continue looking into this potential evidence, and they'll make a decision about what to do next coming up on June 30.
A mother facing charges for killing her son learned new details about what will happen with her case.
Sherry Cruz was found guilty of murder back in March and on Tuesday, a judge denied an appeal from her lawyers to set aside the guilty verdict; however, further investigation will now happen with this case which all revolves around Cruz being found guilty of killing her 2-year-old son and then setting her home on fire.
Her legal team said they know where the gas can is that was used to start the fire and want time to investigate.
The judge said both sides will return to court on June 30 at 11 a.m.
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