Updated: Monday, 07 Mar 2011, 7:35 AM EST
Published : Monday, 07 Mar 2011, 7:35 AM EST
NANTUCKET (FOX 25 / MyFoxBoston.com) - A convicted murderer who killed his girlfriend on Nantucket is appealing his case on unusual grounds.
Lawyers for Thomas Toolan III claim that sleeping jurors prevented him from getting a fair trial.
They say two jurors were seen sleeping during parts of the trial.
Prosecutors claim the judge knew about at least one sleeping juror and after reminding the juror to pay attention never saw them doze off again.
The jury ended up rejecting Toolan's insanity defense.
44 year old Elizabeth Lochtefeld was found stabbed to death inside her Nantucket home back in 2004.
An appeal hearing is set for Friday
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