MASON CITY, Iowa- Edgar Concepcion is hoping for a new trail. In 2010 he was convicted of sexually abusing and murdering his young cousin, Krstel Banes.
One Friday his attorneys laid out why they believe he didn’t get a fair trial. His defense attorney, Jeffery Lipman, said there are four key points: new evidence that shows he did not murder or sexually abuse his cousin, his age, competency and how he was interrogated by investigators the night his cousin died.
“If you put the whole picture of the puzzle together, the confessions weren’t reliable, the investigators weren’t reliable, it’s just not a good conviction and it is something that needs to be addressed."
The Floyd County Attorney, Rachel Ginsbey stated that the state doesn’t agree with the case that has been presented. She explained that there is a difference between new evidence and getting an expert to look at the evidence differently, as well as other issues.
“The burden is on the applicant to be able to demonstrate that the outcome would have been different if any of these errors actually occurred,” she said. “The state is not agreeing that any of these errors did take place.”
Judge Wheiland said she will make her decision on whether or not to grant a new trail in the next couple of months.