A Fort Dodge man who was convicted of two counts of first-degree homicide in 2019 will stay in jail after an try and enchantment his conviction to the Iowa Courtroom of Appeals was unsuccessful.
Tanner Jon King, 30, was convicted by a Story County jury in December 2019 of the October 2018 killings of the brothers Marion and El Dominic Rhodes of Fort Dodge.
The Rhodes brothers have been shot and killed in downtown Fort Dodge on October 22, 2018. The brothers’ our bodies have been present in an alley behind King’s condominium constructing close to Second Avenue North and Ninth Avenue.
King was recognized as a suspect, questioned, and in the end charged with the double homicide.
The trial moved to Story County after an neutral jury couldn’t be chosen in Webster County.
After a three-week-long trial, the jury deliberated for about 14 hours earlier than discovering King responsible of the 2 counts of first-degree homicide on December four, 2019. He was later sentenced to 2 consecutive life sentences with out the potential for parole and has been incarcerated on the Iowa State Penitentiary in Fort Madison.
The Appeals Courtroom issued its ruling on Wednesday, upholding the 2 convictions after discovering that the District Courtroom had appropriately decided that sure proof provided by the protection throughout the trial was rumour and subsequently inadmissible in court docket.
King was interesting their convictions on the grounds that the police didn’t observe the leads that will have led them to conclude that another person, Cletio Clark, dedicated the murders, and that the District Courtroom was incorrect in its determination to not enable testimony from a witness. that will have included “phrase on the road” info on Clark allegedly being the killer.
The protection idea at trial was that Johnny Younger, a Kansas Metropolis gang member, had hit the Rhodes brothers as a result of Marion Rhodes had reported him out and despatched him to jail.
Younger was a member of the identical gang as Clark, the Vice Lords. A witness, Jeremy Mack, advised investigators that Clark and Younger have been concerned within the murders. Mack was the brother of Marion Rhodes’s fiancé.
In King’s enchantment, he argued that the trial court docket incorrectly utilized the “Bowden Protection” – a protection based mostly on Massachusetts jurisprudence not presently adopted in Iowa – throughout the trial by not permitting testimony from the barbershop proprietor, Priest Wilson, in regards to the “phrase on the road” rumors he had heard in his barbershop in regards to the blow Younger had thrown on the brothers.
King’s appeals lawyer argued his case earlier than the Iowa Courtroom of Appeals on June three on the Arrowhead Resort in Okoboji.
Within the 18-page ruling on the enchantment, Iowa Courtroom of Appeals Choose Mary Tabor wrote that “In addressing King’s declare, we reject his implied invitation to undertake a brand new protection based mostly on Massachusetts legislation. Fairly, we consider that our position is to use Iowa legislation to determine whether or not you might be entitled to a brand new trial as a result of the court docket restricted Wilson’s testimony. “
Tabor wrote that the appeals court docket discovered that King’s try and admit Wilson’s testimony in regards to the rumors Wilson had heard at his barbershop was to not present that investigators didn’t examine the lead on Clark.
“Fairly, King supposed to reveal the jury to extra native gossip to assist his alternate suspect idea.” Tabor wrote. “… King’s ‘true function’ was to point out that investigators made the incorrect determination between two suspects. “As a result of the rumors Wilson heard have been provided for his or her reality, they have been inadmissible rumors. “
The Courtroom of Appeals additionally discovered that even when the District Courtroom had been incorrect to restrict Wilson’s testimony, it will have been innocent as a result of Mack was allowed to testify about related rumors that urged Clark was concerned within the murders.
Though King’s convictions have been upheld by the Iowa Courtroom of Appeals, he can nonetheless request extra evaluation by the Iowa Supreme Courtroom, though the Iowa Supreme Courtroom grants solely a fraction of the extra evaluation requests it receives.