Mackenzie Shirilla Wants Murder Conviction Tossed, as New Attorney Alleges Her Rights Were Violated
A new lawyer for Mackenzie Shirilla filed a petition for a writ of habeus corpus in federal court claiming her previous counsel failed to introduce key evidence at trial
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NEED TO KNOW
- Mackenzie Shirilla is asking a judge to toss her murder conviction, arguing she received ineffective counsel and there was insufficient evidence to establish probable cause in her case
- In a petition for a writ of habeas corpus filed in federal court, Mackenzie’s new attorney claims the then-17-year-old was driving in the secluded area where the crash occurred because she was picking up groceries
- Mackenzie was convicted of murdering her boyfriend and a friend after driving her car head-on into a brick building at a speed of over 100 mph in 2022
Mackenzie Shirilla is asking a judge to toss her murder conviction while introducing new details in the case.
A new attorney for the convicted killer filed a petition for a writ of habeas corpus in federal court asking a judge to overturn the conviction on a number of grounds including ineffective counsel, insufficient evidence to establish probable cause and improper admission of evidence at trial.
The petition, a copy of which was obtained by PEOPLE, also lists examples of evidence not presented at trial that, per the attorney, could prove Mackenzie’s innocence.
This includes a claim that the “defense had evidence that a local grocer had left a package of produce for [Mackenzie] at a 24-hour pickup spot at a store in the vicinity of the crash scene.” The petition argues that this evidence, had it been introduced at trial, “would have provided an benign explanation for why [Mackenzie] was driving in this particular area that morning.”
The filing also claims that her case was improperly transferred from juvenile court to adult court, alleging that her trial and conviction ultimately violated her constitutional rights.
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On August 21, 2023, Mackenzie was sentenced to 15 years to life in prison after being found guilty of four counts of murder, four counts of felonious assault, two counts of aggravated vehicular homicide and one count each of drug possession and possessing criminal tools.
Those charges all stem from the fatal crash that occurred around dawn on July 31, 2022 in Strongsville, Ohio — a city located 20 miles south of Cleveland.
Mackenzie, who was 17 at the time, was driving her boyfriend Dominic Russo and their friend Davion Flanagan home after attending a graduation party and then visiting a friend’s house, according to a copy of the probable cause affidavit obtained by PEOPLE.
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She was driving through a residential neighborhood in the early morning hours when the vehicle suddenly began to pick up speed and eventually crashed into a brick building traveling at over 100 mph, according to the affidavit.
Russo, 20, and Flanagan, 19, were declared dead on the scene while Mackenzie managed to survive the crash after being taken to a local hospital.
Prosecutors argued that the crash was a botched murder-suicide attempt carried out by Mackenzie because of her fractured relationship with Russo, while the defense claimed Mackenzie suffered from postural orthostatic tachycardia syndrome (POTS) — a condition that can cause dizziness and fainting — and had blacked out.
In the petition filed in federal court this week, Mackenzie’s lawyer cites her previous counsel’s decision to not present expert testimony about her alleged struggle with POTS as an example of ineffective counsel.
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Mackenzie’s attorneys have previously attempted to overturn her conviction or retry the case three times prior to this latest filing — twice in Cuyahoga County Court and once in the Eighth District Court of Appeals — however, all three attempts have been unsuccessful.
This latest petition is in response to the Eighth District’s opinion upholding Mackenzie’s conviction after she filed an appeal in 2024.
Mackenzie, who turns 23 in August, remains incarcerated at the Ohio Reformatory for Women; she is serving two concurrent sentences of 15 years to life, making her eligible for parole in 2037 when she is 33.
There has been renewed interest in her case ever since the May release of the Netflix documentary, The Crash.