Prosecutor says Nicholas Luerkens had “hatred and contempt” for Lynnsey Donald

CEDAR RAPIDS - There is 'clear and overwhelming” evidence that Nicholas Luerkens planned Lynnsey Donald's murder, Linn County Attorney Jerry Vander Sanden said during his closing argument Friday.

'There came a day when his purpose in life was to track down and kill Lynnsey Donald,” Vander Sanden said. 'He had hatred and contempt for this woman.”

Vander Sanden pointed to evidence of Luerkens' journal that shows his premeditation and that 'this wasn't an impulsive act.”

'What do those comments tell you about his state of mind?” Vander Sanden said. 'He writes ‘Lynnsey will die,' three different times. There was a To do list - ‘Plot to track down and kill Lynnsey' and ‘Think about ways to kill Lynnsey.'”

Vander Sanden said there is usually conflicting testimony but this case is unique because the jurors viewed a surveillance video which captured the brutal attack and they only have to believe what they saw and heard.

The jury started deliberations about 1:30 p.m. Friday, following nearly a week of graphic and emotional testimony. They didn't reach a verdict and will resume 9 a.m. Monday.

Luerkens, 33, faces life in prison without parole if he is found guilty as charged with first-degree murder. The jury can also consider the lesser charges such as second-degree murder, involuntary and voluntary manslaughter and various assault charges.

Sixth Judicial District Judge Mitchell Turner stuck a blow to the defense before closings when he tossed out the jury instruction for the claim of insanity. He said the defense had not met its burden to prove Luerkens was insane at the time of the crime. The defense will rely on diminished mental capacity.

According to testimony, Luerkens attacked Donald, 29, as she was leaving the Marion Hy-Vee with her 7-year-old son. Luerkens stabbed her multiple times, numerous witnesses testified Tuesday. According to the autopsy, she was stabbed 32 times in the neck, chest, stomach and back. After killing her, he stabbed and injured himself.

Vander Sanden said further evidence of Luerkens' intent and premeditation is his choice of weapon - a 12 inch chef's knife - which he retrieved from his apartment as he went to track down Donald that day. Luerkens not only chose that knife but there's evidence that he sharpened the knife before using it.

A portion of the graphic video was played for the jury to show Luerkens parking his car by Donald's car when he first arrived and then he moved it to the other side.

Vander Sanden said that was a deliberate act. Luerkens then on foot 'zig zags” between cars and grabs her before she can reach her car.

'It is ruthless and he savagely stabs her with that knife over and over again,” Vander Sanden said.

Vander Sanden said Luerkens stabbed himself because he knew what he did was wrong and he didn't want to go to prison.

Dave Grinde painted a different picture of Luerkens as a broken man, who suffers from a severe illness. A psychologist, Luis Rossell, said Luerkens had a major depressive disorder and even the state's psychologist, which the prosecutor didn't have testify, agreed with Rossell. Luerkens' family also testified about how they saw him change and his 'mental state declined.”

The family said he was abusing Paxil, an anti-depressant, he was taking before April 21, along with drugs and alcohol, which contributed to his behavior. His mother testified that she saw a drastic change in his behavior when he was living with them. He was depressed and withdrawn.

Grinde said there is so much more than the video and journal in this case.

'The Nick Luerkens everyone knew had ceased to exist,” Grinde said. 'The life in his eyes left and never returned.”

Grinde asked to also use their common sense, rely on their life experiences, when considering all the evidence. If there is evidence that Luerkens suffered from diminished responsibility, then 'you can't find him guilty of first-degree murder. If he suffers from a mental disease, he can't form specific intent.”

Grinde pointed out that this happened 'in broad daylight and he didn't attempt to flee.” Luerkens then stabbed himself three times.

'Plunging an 8 inch blade into your body isn't a feign attempt,” Grinde said.

Grinde tried to explain the journal, which he admitted contained 'horrible, deplorable” entries, as Luerkens way to write down his 'bad or horrible” thoughts, as he had told his father he had. The disease made him 'sick and impaired.”

Grinde asked the jury to find Luerkens guilty of second-degree murder. This will hold him accountable and be the right thing to do because of his mental illness.

Vander Sanden on rebuttal said there's no doubt Luerkens suffered from major depressive disorder but his actions showed that he understood what he was doing that day. Rossell said he had the mental capacity to know the crime he was committing.

'Sure, he turned the knife on himself, but if he really wanted to take his own life he could have done it,” Vander Sanden said. 'There was nothing about his mental state to prevent him from knowing it was wrong. Common sense shows you he's guilty of first-degree murder.”