Amy Senser's hit-and-run case will go before the Minnesota Court of Appeals on Wednesday.
Senser's lawyers are trying to overturn her criminal vehicular homicide conviction, saying there was not enough evidence to prove she knew she hit and killed Anousone Phanthavong in 2011.
Senser, the wife of former Vikings tight end Joe Senser, hit Phanthavong, 38, on the Riverside Avenue exit ramp on I-94 in Aug. 2011. Senser claims she didn't know she had hit a person and thought she hit a traffic cone.
Last May, Senser was convicted of two counts of felony criminal vehicular homicide – one for leaving the scene, one for failing to call for help. She was acquitted of a third count alleging gross negligence and the 46-year-old is serving a 3 1/2 –year prison sentence.
In February 2013, the prosecution contended evidence supports Senser's convictions, pointing to Senser's deleted text messages, discarded clothing and dyed hair.
Senser's attorney Eric Nelson says her behavior following the incident is irrelevant to her knowledge at the time of the crash. Nelson also says Judge Daniel Mabley failed to account for evidence suggesting cocaine had affected Phanthavong's actions before being hit. Nelson argued that the drug affected Phanthavong's judgment regarding his own safety along the freeway ramp.
The three-judge panel will hear the appeals case on Wednesday, May 1.