Suspended Keys schools superintendent Randy Acevedo wants a new trial.</p><p>He was convicted Aug. 28 of three felony counts of official misconduct for allegedly covering up alleged theft by his wife Monique.</p><p>She's charged with four felonies, accused of stealing nearly $200,000 from the School District when she worked there as adult education coordinator. She quit in March when allegations of financial malfeasance came to light.</p><p>Wednesday, Randy Acevedo's attorney, Catherine Vogel, filed a motion asking for a new trial based upon, among other things:</p><p><LI> The verdict is contrary to the weight of the evidence.</p><p><LI> The state "failed to introduce evidence that the defendant was aware of any theft of a satellite radio or otherwise on the part of Monique Acevedo."</p><p>Monique Acevedo bought a satellite radio subscription on her School District credit card. Her husband was accused of writing a letter justifying the cost as for a nonprofit agency.</p><p><LI> He didn't order district Finance Director Kathy Reitzel to stay quiet when she discovered money was misappropriated. Rather, he asked her a question: "You're not going to tell anyone until we meet on Feb. 13, 2009?"</p><p>"Ms. Reitzel testified it was not a command, defendant did not tell her to do anything and she did nothing other than what she planned to do in the first place," the motion says.</p><p><LI> That he didn't sign off on a letter to state auditors saying the district's finances were OK even though he knew there was a problem, but in fact OK'd the letter with an addendum on it written by Reitzel that said there was a problem.</p><p>Vogel's motion says: "The evidence introduced at trial as to Count 3 was that at the close of the February 17, 2009, meeting, Ms. Reitzel said to Defendant, 'I might have a problem signing the management representation letter.' Defendant said to her, 'Let me know if you do.' Defendant did not hear anything more from Ms. Reitzel concerning the letter or concerning the spending of Ms. Acevedo.</p><p>"Ms. Reitzel sent a copy of the management representation letter to his office for his signature. Defendant signed the letter. She kept the letter with his signature and called the auditors and told them she did not want to sign the letter. She said she suspected fraud. The auditors told her to either write her own letter or write an addendum to the letter and sign it and send it to them. She wrote an addendum, signed the letter, showed the addendum to defendant and forwarded the letter on.”</p><p>The motion says the state “failed to introduce evidence sufficient to convict the defendant as the state failed to show any evidence that by signing the auditor’s letter in any way obstructed or delayed or prevented the communication of information relating to the commission of a felony, an element of the offense.”</p><p>Circuit Court Judge Mark Jones has set Acevedo's sentencing for Sept. 17. He faces up to five years in prison on each of the convictions.</p><p>Monique Acevedo's trial is scheduled to start Oct. 26 in Jones' court.