Burlington, Ia- The Hawkeye Reports that the two men convicted of murdering the 59-year-old Edward Allen Breuer said they did not get a fair trial.
Majestic Alexander Malone and Markell Price were convicted by a jury of second-degree murder and third-degree kidnapping on Aug. 13. In separate but identical motions, attorneys for Malone and Price argued their trials were unfair.
One of the key arguments in the motion is the exclusion of a potential African American juror, despite three separate reasons being given for why the juror being excluded.
Another reason the pair believe they should have a new trial is because Stanley Baldwin was not allowed to testify in the case. Baldwin, who is alleged to have been the only person at the Acres Street home where Breuer was killed for the entire time Breuer was present, has been charged with willful injury in connection with what had happened before Breuer was killed.
In addition to asking for a new trial, the pair’s attorneys also asked the judge to rule them not guilty through an arrested judgment. They argued the state could not produce any physical evidence that Malone or Price had committed the crime and therefore they should be acquitted.
The defense argues the lack of physical evidence, combined with conflicting testimony of the state’s witnesses, means the prosecution did not have enough of a case to even press charges.
If the judge agrees with any of the defendant’s motions, he would be forced to call for a retrial. A date for the motion to be heard has not yet been set, but the men are scheduled to be sentenced on Sept. 30.