WESLEY CHAPEL (FOX 13) - Curtis Reeves' attorneys say they deserve a second chance to prove their client was standing his ground the day he shot and killed Chad Oulson in a Wesley Chapel movie theater.
In two new court filings, the defense says the rules have changed since his Reeves lost his Stand Your Ground motion last year.
Recently, lawmakers changed the rules, shifting the burden of proof from the defense to the prosecution.
Now the state must prove Reeves was not in fear for his life when he killed Oulson. Before, Oulson's attorneys had to show he was in fear for his life.
It may all hinge on a cell phone found on the ground near Reeves' feet the day of the shooting.
From the beginning, Reeves told police Ouslon threw his cell phone at him and he feared for his life.
In the surveillance video from the theater, you see a flash on the scene that the defense says shows the cell phone being thrown.
But prosecutors say that is no cell phone. That is a reflection from Reeves' shoes.
"Ultimately the burden now shifts to the state of Florida that potentially it wasn’t a cell phone, as opposed to previously, Curtis Reeves had to prove it," attorney Anthony Rickman explained.
During the Stand Your Ground hearing, the judge heard contradicting evidence from witnesses.
The new rules say the state must have clear and convincing evidence Reeves was not standing his ground.
"If there is any contradiction in the testimony then there is not clear and convincing evidence, “said Rickman.
Complicating matters, lawmakers never said whether the changes to the Stand Your Ground law was retroactive to old cases. Two Florida courts have ruled differently on the matter so the Florida Supreme Court will likely decide it.
Reeves' attorneys are asking Reeves' trial be postponed until the high court makes a ruling.