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S.W.IA man’s sentence on a murder charge put on hold

News

March 5th, 2015 by Ric Hanson

A District Court Judge on Wednesday continued the sentencing date for a southwest Iowa man convicted on a murder charge. The Daily NonPareil reports Judge Timothy O’Grady ruled against a defense motion for a new trial in the first-degree murder conviction of Brian Davis in the July 18th, 2009, death of his former girlfriend, Holly Durben. Davis’ sentencing was continued until 9:30 a.m. on April 9th to allow the defense additional time to file motions in the case. The Judge delayed sentencing because the defense is required to have a minimum of five days to file any motions it wishes prior to sentencing.

Requesting a new trial, Public Defender Michael Hooper, one of three attorneys defending Davis, argued that there was reasonable doubt in the case. Hooper argued that the case had stumped a medical examiner, and even a firearms expert found that the scene was consistent with suicide, leading to reasonable doubt.

O’Grady said he started hearing the case entirely neutral. Hooper also pointed out that in the decision, O’Grady originally used the term “horrible” to describe the bruising that Dr. Jerri McLemore, a former assistant state medical examiner described on Durben’s neck. But the doctor did not use the word “horrible.” Roan did not object to the request by the defense that O’Grady amend his decision and change the word “horrible.”