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Updated: Tuesday, 29 Nov 2011, 3:45 PM EST
Published : Thursday, 05 May 2011, 3:32 PM EDT
PROVIDENCE, R.I. (AP) - Attorneys for a Providence police detective convicted last month of assaulting a handcuffed suspect with a flashlight are asking the court to declare a mistrial and order a new trial.
Robert DeCarlo was acquitted of a second assault charge. A grainy surveillance video shows DeCarlo striking a suspect who had led police on a nighttime foot pursuit.
Prosecutors say DeCarlo acted out of anger. DeCarlo's attorneys say he used approved techniques to subdue what he thought was a resisting suspect.
A motion filed in Providence Superior Court says the prosecution presented evidence inappropriately, producing a verdict not justified by the evidence.
A judge ruled twice during a state prosecutor's closing argument that the prosecutor had referred to evidence not admitted during trial.
The attorney general's office declined to comment Thursday.
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