Tammy Sytch Attempting To Have Conviction Thrown Out

An update on Tammy Sytch.

According to PWInsider, Sytch (Sunny in WWE) is attempting to have her conviction thrown out.

Sytch is currently serving a prison stint in Florida after being convicted in 2023 on a series of charges in relation to the March 2022 death of 75-year-old Julian Lasseter during a traffic incident in Ormond Beach, Florida, including DUI causing death, causing death while operating a vehicle with a suspended or revoked driver’s license, four counts of DUI causing injury to a person, and three counts of DUI causing damage to property.

The motion argues the following:

Failure to Investigate Causation: Sytch alleged her defense counsel rendered “ineffective assistance” by failing to investigate and present evidence concerning Julian Lasseter’s pre-existing medical conditions, toxicology and “possible alternative causes of death.” The motion states, “The incident involved a low-speed collision. Defendant had slowed her speed and was moving toward a turnaround lane at the time of the collision. While the death of the decedent is tragic, the available criminal case materials indicated that the decedent had no significant physical injuries that clearly explained death from the impact itself. Trial counsel did not conduct an adequate investigation into whether the state could prove that the collision legally caused the decedent’s death.”

Sytch’s motion stated that through civil discovery, it was learned that Lasseter had a “substantial and long-standing medical history” including coronary artery disease, stenosis and other serious cardiovascular and internal medical conditions. It was also noted that toxicology records indicated Lasseter had Adderall and Cialis in his system – and that Lasseter suffered fractured ribs consistent with CPR having been administered at the scene.

Sytch also argued, “These records raise a material medical question whether emergency life-saving measures, pre-existing vascular disease, toxicology findings, a spontaneous medical event, or another medical circumstance contributed to or caused the aortic injury, hemorrhage, and death.”

Sytch also argued that since her defense didn’t properly investigate this or present a qualified expert evidence regarding Lasseter’s medical situation, Sytch was convicted. She argued, “there is a reasonable probability that the trier of fact would have harbored reasonable doubt that Defendant’s driving legally caused the death; Defendant would have been acquitted of the homicide offense; Defendant would have been convicted of a lesser or non-homicide offense, if supported by the charging document and jury instructions; or Defendant would have received a materially more favorable plea or sentencing outcome. The failure to investigate thus undermines confidence in the outcome of Defendant’s cause.”

Failure to Investigate Conflict: Sytch argued that her defense failed to learn that lead Assistant State Attorney, Ashley Terwilliger who helped prosecute her case was married to the physician, Zachary Terwilligee, who declared Julian Lasseter’s death. She is claiming proper defense would have investigated that relationship, whether it should have been disclosed to the defense and the court during her trial and “Whether the relationship created an actual conflict, required disclosure, justified recusal, or required another appropriate safeguard.”

Omitted Evidence: Sytch argued her attorney provided “ineffective assistance” by not learning of the relationship between the Terwilligers, claiming, “Had counsel exercised reasonable diligence, counsel would have discovered the discrepancy, sought full disclosure, investigated medical causation, and litigated the conflict issue before trial or before Defendant entered any plea. There is a reasonable probability that the outcome would have differed if counsel had uncovered and litigated the omitted information. At a minimum, Defendant would have had a meaningful opportunity to investigate the identity and role of the physician, the prosecution’s medical-causation evidence, and the prosecutor’s potential conflict.”

New Evidence: Sytch argued “The evidence concerning the decedent’s medical history, toxicology, CPR related trauma, and the prosecutor’s marital relationship to the physician constitutes newly discovered evidence warranting post-conviction relief. “ She also argued that due to lack of funds, she was unable to have counsel who would have discovered all of these facts that have now been unearthed.

In her Motion, Sytch asked that the State of Florida respond, hold an evidentiary hearing, appoint her new counsel if they find that hearing is necessary, “Authorize appropriate discovery or compulsory process concerning relevant medical, toxicology, EMS, hospital, pathology, medical examiner, law-enforcement, and civil discovery records”, vacate her current judgement and sentence, grant her a trial trial or “alternatively grant such other postconviction relief as the Court finds lawful” and ‘grant all further relief necessary to remedy the constitutional violations alleged.”

Sytch is currently slated to be released from Lowell Correctional Institution in Ocala, Florida in December 2038