By Denise Lana,
More than a month after being found guilty of second degree murder in the shooting death of his stepfather, Larry Whittle, defense attorneys for Aaron Whittle filed a motion for a new trial.
Les Blair and Theresa Sampson Brown, Assistant Public Defenders for Aaron Whittle, filed the motion Wednesday, April 5, which cites that evidence introduced by the state was prejudicial and far outweighed any probative value the evidence may have had.
Part of the evidence cited refers to dead and unhealthy cattle and calves on the Whittle farm as presented by the state during the trial. The high number of dead cattle and calves on the Whittle farm, as well as the health of the surviving cattle and calves, were a topic of examination by the state. The farm’s hired hand as well as a bank representative testified that Larry was aware of the condition of the cattle and the number of dead cattle on his farm. Aaron testified that Larry was in the habit of purchasing sick or “no value” cattle and calves to save and increase his profits; Aaron added that Larry often would mix sick cattle with healthy cattle, often spreading sickness through the herds.
The other part of evidence cited in the motion refers to the mixer-wagon used on the Whittle farm.
During the trial, the state introduced evidence that the mixer was in poor repair and inoperable. Through witness testimony, the court learned that the mixer-wagon was no longer in use, and Aaron testified that Larry and he instead purchased pre-mixed from a local source.
Both parts of evidence have “prejudicial impact,” according to the motion, “far outweighed the dubious probative value of the evidence, and the trial could easily have been presented to the jury without the evidence,” and “added nothing … relevant to the state’s case.” The motion states that the evidence presented did not have any value toward Aaron’s alleged motive and/or malice aforethought and expresses that the state’s “real purpose of the evidence was to inflame the jury’s passions against the defendant.”
While most of the trial focused on what Aaron did with Larry’s body after Larry’s death, the motion said there were no facts presented that showed Aaron planned or intended to harm or kill Larry before Larry died, and there was no evidence presented that showed how Larry’s death would have benefited Aaron … “because it didn’t benefit him in any way,” according to the motion.
The motion stresses that the verdict was based upon the jury’s reaction to Aaron’s attempt to cover up Larry’s death; therefore, the verdict is contrary to the evidence.
Aaron Whittle is scheduled to be sentenced May 10. If the motion is denied and the second degree murder charge stays, he could face up to 50 years in prison.
Complete story in the April 13 Decorah Public Opinion Newspaper.
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