SPRINGFIELD, Mo. (AP) – A former middle school football coach convicted of kidnapping, raping and killing a 10-year-old girl is asking for an acquittal or a new trial.

The Springfield News-Leader reports that attorneys for 49-year-old Craig Wood argue that he didn’t get a fair trial in a motion filed earlier this month. Jurors found Wood guilty last month of first-degree murder in the February 2014 death of Hailey Owens but were unable to reach a unanimous decision about whether to recommend the death penalty.

A judge is expected to decide on Jan. 11 whether Wood should be sentenced to the death penalty or life in prison. But first, the judge must rule on the motion for a new trial.

Arguments in the motion include that too much evidence was allowed into the trial.