BOSTON (CBS) – The attorney for the man convicted in the murder of Bella Bond argued for a new trial Monday. Michael McCarthy’s attorney told an Appeals Court his client’s case should be heard again because the jury in the trial was given faulty instructions.

Police found the 2-year-old girl’s body on Deer Island in 2015. McCarthy was convicted after Bella’s mother, Rachelle Bond, who was also facing charges, testified against him.

In an exclusive interview with WBZ Chief Investigator Cheryl Fiandaca, McCarthy claimed there was no murder at all.

Michael McCarthy (WBZ-TV)

“Bella didn’t get justice first off, because they never even determined what happened to her and I definitely didn’t kill her,” McCarthy said. “Rachelle Bond clearly didn’t receive justice because she committed perjury in a capital murder trial and she’s out walking around and I’m in prison for a murder I didn’t commit, for a murder that didn’t even happen.”

I-TEAM: Man Convicted Of Killing Bella Bond Says He’s Innocent

McCarthy believes Bella died after taking her mother’s prescription medication.

The Suffolk County District Attorney says McCarthy’s conviction should stand and the sentence is appropriate. There is no timetable on when the appeals court may rule.

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