Appeals court reverses Iowa man's sexual abuse convictions

Sexual abuse convictions will be dismissed against a Black Hawk County man because his speedy trial rights were violated, the Iowa Court of Appeals ruled today.

Earl Mosley Jr., 48, was charged in 2004 with two counts of second-degree sexual abuse and one count of third-degree sexual abuse, and filed his written waivers of his 90-day and one year speedy trial rights, according to the appeal.

He was found guilty, but the convictions were reversed in February 2008 and the case was remanded for a new trial.

The new trial was set for May 2008, and Mosley didn't waive his speedy trial right at a pretrial conference.

The state requested a continuance at a second pretrial hearing because a witness was unavailable. The judge granted the request but said the time associated with the continuance should be charged to the state. An order prepared by the state afterwards indicated Moseley waived his right. Trial was set for June 3.

The state asked for another continuance, to June 10, and that continuance was granted. Mosley sent a letter to the court a week before the trial reasserting his request for speedy trial. The court again continued the trial, to June 24.

On June 17, 91 days after the speedy trial right deadline, Mosley filed a motion to dismiss based on his rights being violated. The court denied Mosley's motion and Mosley was again found guilty.

On appeal, the court ruled Mosley's original waivers applied to his first trial, but once a case is remanded, a new time frame begins, so Mosley's previous speedy trial waivers no longer applied.