(Des Moines)– The Iowa Supreme Court has sided with a district court judgement in the case of a Spirit Lake man convicted of kidnapping and sexual abuse.
Lincoln Belken’s sentence of life in prison was contested to the court of appeals which reversed the district court’s action…agreeing with a claim that the testimony of a state rebuttal witness should have been excluded during Belken’s trial.
But the supreme court says otherwise. In a ruling issued today, the state’s highest court says the testimony from the rebuttal witness involved what it says is a “non-collateral issue” and was therefore admissible because it undermined the credibility of a defense witness.
The supreme court ruling goes on to reject a claim by Belken that his trial counsel was ineffective.
Vicki Larson of Alcester, South Dakota, Belken’s aunt, told KUOO news the family is stunned by the Iowa Supreme Court’s ruling. She says Belken is innocent and was wrongly convicted. Dickinson County Attorney Ned Bjornstad disagrees. He says the evidence against Belken was overwhelming. Bjornstad says the state supreme court did the right thing in overturning the appeals court ruling.
Today’s ruling means the life sentence against Belken will stand pending any appeal to the U-S Supreme Court.
