(Algona)– An Estherville teen convicted in the murder of Gregory “Sky” Erickson in June, 1997 is requesting his conviction be reversed and that he be granted a new trial.
Juan Astello was convicted in April 1998 of second degree murder, first degree kidnapping and conspiracy to commit a forcible felony. Law enforcement authorities allege Astello was one of several people who kidnapped Erickson from Spencer, severely beat him, then shot him in the head in an abandoned farmhouse near Petersbrug, Minnesota before trying to burn his body.
Astello’s trial was moved to Kossuth county on a change of venue. The Iowa Court of Appeals previously denied Astello’s appeal to overturn the conviction.
Astello’s attorney, Manuel Guerrero, filed paperwork in Kossuth county civil court alleging Astello’s appellate counsel was ineffective for not arguing the effectiveness of his lawyer during his trial.
Guerrero is also alleging Astello’s constitutional right to be free of cruel and unusual punishment was violated with his life sentence without parole. He argues Astello was denied his 14th amendment right when he was denied the opportunity to present evidence as a confidential informant for local law enforcement, placing Erickson in harm’s way. And Guerrero argues the jury was not given sufficient instructions on the reasons needed to find Astello guilty on the murder and kidnapping charges.
Astello remains in the state penitentiary in Anamosa.
