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• . lt;WATERLOO COURIER THURSDAY, JANUARY 20,1994 PAGE A7Court upholds Evansdale man’s murder convictionJy HEATHER CLARKCourier Staff WriterDES MOINES — The Iowa lupreme Court affirmed Wednesday hat the trial of convicted murderer3ary L Buck was fair. . ■Buck was accused of shooting his ive-in girlfriend’s 3-year-old son, bar-en Gerdemann, with a pellet gun Nov. 5,1991* ami hiding the body in a plas-garbage bag in the basement of theirivansdale home. .*In his appeal, Buck argued that Slack Hawk County District Court rred when it allowed prosecutors to ►resent expert testimony regarding his nental condition at the time of the tturder.Buck said the testimony should have ►een irrelevant because he relied only n lay testimony, including that of his nother, concerning his mental state,The Supreme Court responded that he burden of proof was on Buck to onvince the court of his insanity. The tate’s experts weren’t unfairly prejudicial, the court decided.In addition, nothing precluded Buck torn withdrawing his defense' of rnsan-ty, the court said.Buck also argued that his attorney ailed to adequately defend him.He thought the attorney should Have pid the court that Buck’s waiver of his ight to a jury trial wasn’t voluntary or nade with complete understanding.However, the Supreme Court said luck willingly waived his right to ano reasonable possibility that jurors would have, found Buck innocent, because he confessed to killing the boy,the court stated.in other decisions handed down Wednesday, the Supierne Court:■ Overturned a state Court of Appeals decision that Darrell Gravenish was coerced into giving a blood test by Clayton County Sheriff’s Deputy John Tschirgi.In a Jan. 3,1992, accident, Graven-ish was intoxicated when he hit another car head-on, killing Kerri Kaufman. Gravenish said Tschirgi lied to him about Kautman’s condition, saying she was only injured, when he asked for the blood test at a hospital.The Court of Appeals had reversed Gravenish’s conviction and sent the case back to the district court In reversing that decision, the Supreme Court said the deputy’s deception wasn’t enough to prove that Gravenish was coerced into taking the blood test,■ Found,that two district court judges properly sentenced Aljoe Roger Kapell and Joni Lynne Byers to participate in substance abuse programs after they were convicted of operating while intoxicated.But in Kapell’s case, the Supreme Court ordered Winneshiek County District Court to reconsider a five-day jail. term on a separate charge of driving with a suspended license.Judge Margaret L. Lingreen didn’thave the authority to do so under state.
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