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Iowa man convicted of killing mother wants retrial

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July 17th, 2013 by Ric Hanson

EARLY, Iowa (AP) — A northwest Iowa man convicted of killing his mother and kidnapping another woman wants a retrial. The Sioux City Journal reports a public defender for 21-year-old Kirk Levin, of Early, filed a motion for a new trial in Sac County District Court on Tuesday. A jury found Levin guilty in June of first-degree murder in the January death of Marilynn Schmitt and third-degree kidnapping in the abduction of a woman he met online.

Levin’s trial was moved to Webster County because of heavy publicity. His attorney says a second change of venue request should have been granted. The attorney also says Levin’s statements to police after his arrest should have been inadmissible evidence at trial.

Levin is scheduled to be sentenced on July 26.