The Iowa Court of Appeals has thrown out the sexual abuse convictions of a man saying his right to a speedy trial was violated. Earl Denson Mosley Junior was charged with two counts of second and one count of third-degree sexual abuse in Black Hawk County in 2004 for incidents with a young girl.
Mosley waived his right to a speedy trial and was later found guilty. The Iowa Court of Appeals then reversed the convictions because the district court had allowed inadmissible evidence of his prior record, and a new trial was set for May of 2008. Prosecutors in the second trial requested a delay as a witness was unavailable and the trial was subsequently delayed three more times.
Mosley’s attorney objected to the delays, but prosecutors said Mosley had already waived his right to a speedy trial. Mosley, who is 48, was convicted of all three charges in the second trial. Mosley appealed the second conviction, saying the trial had begun after the 90 days required for a speedy trial.
The Iowa Court of Appeals ruled the original waiver of a speedy trial applied to Mosley’s first trial, which proceeded to conclusion. The court said once the case was remanded for a new trial, a new time frame began, and Mosley’s speedy trial rights were violated. The court says the fact the delay was only eight days does not render the violation harmless and, the charges against Mosley must be dismissed. The state has the option to ask the Supreme Court to review the case.