(Des Moines)– The Iowa Supreme Court has upheld the murder conviction of a Spencer man who shot and killed his wife in January, 2003.
During his trial in Clay County District Court, Harold Duncan argued that he acted in self defense when he shot his wife Kay in their Spencer mobile home on January 12th, 2003. Duncan did not object to evidence that he had abused Kay during their 43-year marriage and he used that to try to prove that SHE was the aggressor and shot him first.
In his appeal to the Supreme Court, Duncan contended that evidence of his violent abuse of Kay presented in the trial was prejudicial and should not have been admitted for the jury to consider.
The Supreme Court holds that Duncan can’t have it both ways. The court noted that Duncan relied on evidence of his past abuse of Kay to support a self defense claim at trial and on appeal he cannot argue that his conviction should be reversed because the same evidence was not relevant and prejudicial.
Duncan is serving life in prison for his wife’s murder.
(Story from Danielle Hitchings of sister station KUYY in Spencer.)
Copyright GCI all rights reserved. Unauthorized publication or broadcast of this material is strictly prohibited.
