By PETER HUSSMANN
The Iowa Court of Appeals today denied Justin Robuck's appeal of his conviction of second degree murder in the death of Jerry Pittman II of Newton in October 2007.
Lawyers for Robuck contended his conviction should be overturned because District Court Judge Dale Hagen erred in excluding testimony from Robuck's expert witness and in refusing to give a jury instruction on his right to arm himself.
Pittman, 19 at the time of his death in October 2007, was stabbed 29 times in the backyard of his home at 714 W. 3rd St. S. Three teens, including Robuck, were originally charged with first degree murder. Tyler Oberhart was convicted on the first degree murder charge and sentenced to life in prison. Ray Travis, pleaded guilty to second degree robbery and sentenced to 10 years in prison. Robuck received a 50 year prison term on the second degree murder conviction.
The three attacked Pittman after the previous day passed off as grass clippings marijuana in exchange for Xanax.
In asking that his conviction be overturned, lawyers for Robuck argued the court should have allowed the testimony of Dr. Jerome Fialkov, who had evaluated Robuck and prepared a psychiatric report on his findings. The doctor had concluded that "Robuck did not form specific intent at the time of the alleged crime because his tendency to act impulsively and without foresight" and "it was not in (Robuck's) nature or character to perpetrate an act of violence," but that he was acting as a "Good Samaritan."
In denying the claim, the appeals court noted that Robuck failed to plead either insanity or diminished responsibility as part of his defense, both of which implicate a person's ability to form specific intent to do an act. In addition, the court said that because Robuck was convicted of second degree murder, "a crime that does not require a showing of specific intent to kill, any possible error in excluding the testimony was harmless."
As to Robuck's argument about the expert witnesses testimony on his character, the court noted that "opinion evidence garnered by an expert through the use of psychological testing and offered to show a defendant's own good character for the proving it unlikely that he committed the crimes charged has been rejected in Iowa. We find the district court did not abuse its discretion in excluding the testimony of Dr. Fialkov."
Lawyers for Robuck also argued the district court erred in not allowing one of the defense's proposed jury instructions that he had a right to arm himself. The appeals court agreed with the lower court's ruling stating "the district court was correct in denying Robuck's requested jury instruction, as Robuck's right to arm himself would only bear on his intention to defend or become the aggressor. In convicting Robuck of second degree murder, the jury necessarily rejected Robuck's assertions he was acting in either defense of another or as he originally asserted, self-defense."
The full ruling can be read here.
