Normally not a 2nd trial on the same facts once a Jury verdict has been rendered unless there are exceptional circumstances. He originally said it was under appeal. In the appeal process, no new information can be presented, only what was originally presented can be examined.
However Tom, he has not really presented any material facts of the case except the verdict and some personal opinion. Test data showing that the gun would in fact open, or potentially open would be necessary, and we do not have that.