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Babcock asks for new trial

Kelsey Beltramea - The Daily Iowan

Issue date: 4/10/07 Section: Metro
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A former Iowa City resident who was convicted of second-degree murder in the beating death of his neighbor asked for a new trial on Monday.

Larry Babcock's attorney, Jill Ableidinger, filed the motion for a new trial and for arrest of judgment, claiming the guilty verdict handed down to the defendant on April 2 was contrary to the evidence presented at the trial.

Babcock was charged with first-degree murder in April 2006 in the slaying of Timothy Becker. Becker, then 42, was found dead in his southeastern Iowa City mobile home in 2001.

One of the elements of second-degree murder is that the defendant must act with malice aforethought. Ableidinger contended in her motion that no evidence presented during the five-day trial showed Babcock had a deliberate intent to injure Becker.

"To the contrary, there was testimony that the defendant and the victim were friends," Ableidinger wrote.

The Cedar Rapids-based attorney also said a bloody palm print and a droplet of blood found in Becker's home indicate that another person was responsible for the murder.

In addition, Ableidinger contended that the "extensive publicity" surrounding the case inhibited Babcock's ability to receive a fair and impartial trial. The attorney asked for the judge to schedule a hearing on her motions.

- by Kelsey Beltramea
Page 1 of 1

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