On January 31, 2024, Brian’s legal team filed in Superior Court, a Motion for New Trial based on Newly Discovered Evidence. This motion is requesting that the court overturn Brian’s wrongful conviction because newly discovered evidence proves that Brian is factually innocent.  

This motion is the result of many years of extensive investigation that included interviewing witnesses; securing all investigative, medical and autopsy records and evidence; conducting multidisciplinary, scientific research; consulting with clinical and forensic experts across a wide range of disciplines; and interviewing Brian’s prior attorneys.      

We originally intended to update this website by posting a summary of the new evidence and main arguments made in Brian’s Motion for New Trial. However, we ultimately decided, rather than attempting to summarize or recreate what is contained in the motion, to instead make the entire motion available for everyone to read for themselves.    

The decision to make the motion public was made to ensure complete transparency and to remove any doubt as to the accuracy and truthfulness of exactly what was filed with the court. Our goal has always been to present the facts in the most open and honest way possible. We feel by making the entire motion available for all to read, in its original format and exactly as it was filed with the court, is the best way to continue that transparency. Most importantly, you will see for yourself, the motion does not represent our opinions, it represents the facts.         

Brian’s Motion for New Trial is nearly 200 pages long and broken down into 4 sections: INTRODUCTION; PROCEDURAL HISTORY; STATEMENT OF RELEVANT FACTS; and LEGAL ARGUMENTS. The INTRODUCTION section is a clear and concise, 9-page overview of the complete filing, which we strongly encourage you to read for yourself. The STATEMENT OF RELEVANT FACTS and LEGAL ARGUMENTS sections are considerably longer but should also be read in their entirety.       

”For twenty-eight years Brian Peixoto has steadfastly maintained that he had no role whatsoever in the tragic collapse and death of Christopher Affonso Jr. and that the trial that produced his wrongful conviction was profoundly unjust.” (LEGAL ARGUMENT p. 182)   

In his Motion for New Trial, Brian is requesting the court overturn his conviction because, ”a confluence of newly discovered scientific evidence, newly discredited expert testimony, and scientific evidence that could have been developed by competent appellate and post-conviction counsel demonstrates that justice was not done and that there is a substantial risk of a miscarriage of justice.” (LEGAL ARGUMENT p. 131) 

”[The new evidence] cast doubt on every facet of the Commonwealth’s case, as well as many of the foundational assumptions made by the trial and appellate court judges who presided over the direct appeal and prior post-conviction efforts, as well by all of [Brian’s] prior defense attorneys.” (INTRODUCTION p. 6)  

”Even more critically, the new evidence powerfully undermines [Ami] Sneed’s credibility in ways that likely would have profoundly altered the jury’s assessment of her testimony. It reveals that the evolution of Sneed’s stories – to hospital workers, to police, at the probable cause hearing, and even over the course of her testimony from the stand at trial –  was motivated by an awareness of her own neglect and persistent desire to cover for herself as the police continued to evolve in their beliefs about what had happened.” (INTRODUCTION p. 7)  

Please click on the links provided above and read Brian’s Motion for New Trial in its entirety; read about the new evidence and the evidence that the jury never heard. Then you can decide for yourself. We are sure you will agree, Brian has been wrongly convicted and should be granted a new trial.