FAIRFIELD-

Henry Don Williams, convicted of shooting and killing Fairfield City Councilman Matt Garcia nearly six years ago, is crying jury misconduct in the hopes of getting a new trial.

“I’m angry, and I’m sad for Matt. And I’m sad for our justice system because it seems that it’s not working correctly,” Garcia’s mom Teresa Courtemanche said.

Garcia’s family said the judge did nothing when they reported seeing Williams’ wife and the jury foreman exchange words in the hallway.

“They did nothing. Nothing and now here it is, almost six years later, and she has to be put on the stand,” family friend Melissa Johnson said.

“To be on the stand and have the public defender ask me questions when they already have a ton of witnesses is just absurd and insensitive and heartless,” Courtemanche added.

The judge decided not to excuse the foreman then.

But now, Williams is alleging the foreman propositioned his wife for sex in exchange for his vote.

“A convicted murderer is basically calling the shots here,”  Courtemanche said.

But maybe not so much. The defense failed to provide their key witness, Williams’ wife, who was a no show.

“This is Mr. Williams’ burden to put on some evidence,”  Solano County Superior Court Judge Rob Bowers said.

“Yes. I believe the taking of evidence is necessary. And I intend to present some evidence for Mr. Williams,” Attorney John Mendenhall said.

FOX40 asked Mendenhall if he was discouraged in light of his key witness not showing up for court, despite being subpoenaed.

He had no comment.

Proceedings will continue Aug. 29.