Both were convicted in a separate trial last week.
Jax claims Eric has already been convicted in a trial.
"The bottom line fact is this defendant was convicted on overwhelming evidence and in a fair trial," he said.
Several others were convicted in a related trial in 1986.
He could not have been convicted in a fair trial without himself being there to defend himself.
His mother and sister, who also worked at the center, were convicted in a separate trial.
Three men were convicted in a federal trial of violating Liuzzo's civil rights and served time.
They were convicted in a trial in state court last September and received probation.
If convicted in a second trial, Libby might argue that she had already served her time and should be set free.
Those four were convicted in a trial last year.