Bradley Barton appealing manslaughter conviction and sentence in 2011 death of Cindy Gladue

Edmonton -

Lawyers for the Ontario truck driver convicted of killing a woman in an Edmonton hotel room death are seeking to appeal both his conviction and 12 1/2 year manslaughter sentence. 

Bradley Barton, 53, was convicted in February in the death of Cindy Gladue, a 36-year-old Métis and Cree woman who died at the Yellowhead Inn in June 2011.

At his sentencing hearing in July, Crown prosecutors sought a prison term of between 18 and 20 years. Defence lawyer Dino Bottos argued for a sentence of between five and nine years.

Barton's conviction appeal centres on arguments around legal definitions and the admissibility of evidence.

The effort to appeal the sentence argues the term imposed was "excessive and unreasonable in the circumstances." 

The appeals were filed in one document with the Court of Appeal of Alberta on Wednesday.

Crown prosecutors have already sought to appeal the sentence, arguing it is "demonstrably unfit."

Barton has about 11 1/2 years remaining to serve on his sentence after factoring in credit for time already served. 

At sentencing, Court of Queen's Bench Justice Stephen Hillier ruled Barton had "an intolerable level of blameworthiness" in Gladue's death. 

"No words can capture the tragedy and sorrow, particularly for the young family left suddenly without a mother."

Justice Hillier also cited Barton's failure to help a bleeding Gladue, the deliberateness of his actions as well as his lies to police and hotel staff as aggravating factors in sentencing.

At trial, the court heard that Gladue had four times the legal limit of alcohol in her system and bled to death from a severe wound in her vagina.

Barton testified he paid Gladue for sex and was shocked to find her bloody body in the bathtub the next morning.

Crown prosecutors argued Barton caused the fatal wound when he sexually assaulted Gladue.

Bottos argued Barton and Gladue had engaged in consensual sex acts.