Christopher Montgomery, an attorney with Abatiell Associates, P.C., of Rutland, filed an appeal of Wesley's decision Monday in Bennington District Court.
was appointed by the state to represent Brillon.
also filed two motions with the court Wednesday.
One asks for permission to allow a deposition from a police officer to be used as evidence for the defense.
said the deposition was not allowed during the 2004 case but the police officer is now dead and couldn't testify in person.
The other motion asks for a hearing on Brillon's rights to "pretrial discovery and motions."
Bennington County State's Attorney Erica Marthage, Montgomery and Wesley discussed the issue Friday.
said Brillon's case was unusual because of the time that had passed since the incident and since Brillon's first trial.