A woman convicted of murder for a fatal crash that killed her boyfriend and a friend has escalated her legal battle to federal court, challenging the convictions that resulted in a sentence of 15 years to life in prison.
Mackenzie Shirilla filed a federal petition seeking to overturn her convictions and obtain a new trial, according to court documents obtained by TMZ. The filing represents a comprehensive attack on nearly every aspect of the prosecution's case against her.
The legal challenge comes after the Ohio Supreme Court declined to hear her appeal. A request asking the state's highest court to reconsider that decision remains pending.
Shirilla was 17 years old at the time of the crash that killed Dominic Russo and Davion Flanagan. Her attorney, Steven Bradley, contends that insufficient evidence existed to transfer her case from juvenile court to adult court, where she ultimately faced murder charges.
Bradley further argues that prosecutors lacked adequate evidence to prove Shirilla intentionally killed the two passengers when her vehicle struck a building at approximately 100 miles per hour.
The federal petition raises multiple claims of ineffective assistance of counsel. Bradley asserts that Shirilla's trial attorneys failed to present evidence suggesting Russo may have grabbed the steering wheel immediately before impact, a theory that could have supported an alternative explanation for the crash.
The filing also alleges trial counsel inadequately investigated Shirilla's nervous-system disorder, which can cause fainting and dizziness. Bradley claims her lawyers should have called an expert witness to testify about how the medical condition might have caused her to lose consciousness while driving.
Additional challenges target the forensic evidence presented at trial. The petition questions changes made to the victims' coroner reports and disputes testimony from a medical examiner who allegedly did not personally perform either autopsy on Russo or Flanagan.
Shirilla is currently serving two concurrent sentences of 15 years to life. Under the terms of her sentencing, she will become eligible for parole in 2037.
Federal habeas corpus petitions allow convicted individuals to challenge their state convictions in federal court, typically on constitutional grounds. Such petitions must demonstrate that state courts violated federal law or constitutional rights during the trial or appeals process.
The case now awaits review by a federal judge, who will determine whether Shirilla's claims warrant further proceedings or a new trial.
About the Author
Ava Hart
Ava Hart is a pop culture junkie and loves to share what's happening in Hollywood and what trends are taking the world by storm.
