PEABODY >> A former Peabody man convicted in 2012 of killing his girlfriend is seeking a new trial.

Ashley Fernandes is serving a life term for the 2008 murder of 25-year-old Jessica Herrera. He is asking a Salem Superior Court judge to toss out the conviction.

The Salem News ( reported that the 35-year-old Fernandes, an Indian national, argues that police were obligated to inform him of his right to speak to someone from that country's consulate.

His lawyer on Wednesday referenced a letter sent from the consulate. She says Fernandes could have had a lawyer for free if police had contacted them.

Prosecutors say the letter doesn't say that the Indian government would pay for a private attorney.

A ruling on the motion is expected in the next few weeks.

Information from: The Salem News,