116 3rd St SE
Cedar Rapids, Iowa 52401
Iowa City man found not guilty of attempted murder
                                N/A 
                            
                        Sep. 14, 2009 2:00 pm
A jury has found Adam Burkart, 19, of 216 E. Bloomingston St., not guilty of attempted murder and willful injury causing serious injury.
The verdict was returned Friday in Johnson County District Court.
Burkart and Harry Rayton IV, 22, were arrested June 13 after a fight with Burkart's neighbor Joseph Holley, 37, at Burkart's residence. Holley had told Burkart to quit coming into his room without knocking.
According to trial testimony, Holley attacked Rayton with a metal chair and Rayton was too intoxicated to defend himself, so Burkart was defending his acquaintance, according to Burkart's attorney Victoria Cole.
Police said Rayton kicked and punched Holley, and Burkhart stabbed Holley times in the chest, back and abdomen. Holley suffered deep stab wounds and a broken rib. Holley was treated at University of Iowa Hospitals for injuries and extreme intoxication, police said.
Cole filed the defense of justification, arguing that Burkhart should not be held accountable because of extenuating circumstances.
Rayton's attorney, Dennis Cohen, also has filed a defense of justification. He also is charged with interference with official acts. Trial is set for Nov. 30.
Police said around 8 p.m. on June 13, Burkart, along with Harry Rayton IV, 22, of an unknown address, attacked Burkart's neighbor, Joseph Holley, 37, after Holley had told Burkart to quit coming into his room without knocking.
Police said Rayton repeatedly kicked and punched Holley while Burkhart stabbed him six times in the chest, back and abdomen. Holley suffered deep stab wounds and a broken rib.
On June 30, Burkart pleaded not guilty, and on July 13, his attorney, Victoria Cole, filled the defense of justification, arguing that he should not be held accountable because of extenuating circumstances.
Cole said under Iowa law, Burkart was justified in his actions because Rayton was unable to defend himself, and according to witness testimonies during the trial, Rayton was attacked with a metal chair while intoxicated and therefore could not defend himself.
Evidence was presented on September 8,9,10 and 11 before the jury deliberated.
Rayton was taken to UI Hospitals briefly for injuries suffered during his arrest and because of his extreme intoxication, police said.
On June 16, he offered defenses of intoxication and diminished responsibility.
Rayton's attorney, Dennis Cohen, filed a defense of Justification on June 23, and a plea of not guilty on June 26.
Rayon was also charged with interference with official acts, according to a police compliant.
Rayton's trial is set for Nov. 30 at 9 a.m.
Attempted murder is a Class B felony punishable by up to 25 years in prison.
                 Adam Burkart                             
                
                                        
                        
								        
									
																			    
										
																		    
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