Jeremey Sickenberger

A Muddy Creek Township man convicted last year of third-degree murder was in county court Monday afternoon, as his attorney argued that a judge should order a new trial.

The arguments in the case of Jeremey Sickenberger, 25, came as defense attorney Marco Attisano said he believes Sickenberger was failed by public defenders during his trial last year, and given an “excessive and harsh” sentence by county Judge William Shaffer in December when he was ordered to serve 18 to 40 years in prison.

Before Shaffer on Monday Attisano argued that the court failed to properly instruct members of the jury last year about how autism affects people’s ability to process social situations and express emotions.

He also argued, in court filings, that public defender Joe Smith, who represented Sickenberger during trial, failed to adequately pursue elements of a defense based on a diagnosis of autism and present that evidence during the jury trial. But Shaffer declined to hear arguments Monday on that aspect of the appeal, saying the law requires the defense wait for another judge to review that issue.

Attisano took over as Sickenberger’s attorney shortly before his sentencing last December, and presented evidence during that proceeding that Sickenberger had been diagnosed as on the “high functioning” end of the autism spectrum — something that Attisano and doctor Allen Clark argued would inhibit his ability to express emotion.

Sickenberger’s emotions were hotly debated during the murder trial, with prosecutors arguing that he showed a lack of remorse after shooting Thomas “T.J” Stockman, 21, of Portersville, to death on April 17, 2014.

County Judge William Shaffer said Monday that he would issue a written ruling on Attisano’s arguments asking for a new trial. He did not immediately say when the ruling would be handed down.

Members of Sickenberger’s family who were on hand for the court proceeding said they want justice for their son, whom they believe has been failed by the public defender’s office and demonized because of a lack of understanding about autism.

“They’ve known for years that Jeremey has autism,” said Sickenberger’s mother, Dawn.

She pledged to “keep fighting for (Sickenberger’s) rights), adding that she believes her son was found guilty because members of the jury mistook his inability to show emotion for callousness.

“They found him guilty because he didn’t look remorseful,” she said. “The no emotion aspect has always been a part of who he is.”