Convicted Cedar Rapids burglar gets new trial based on court mistake

A Cedar Rapids man who represented himself on a burglary charge, and was convicted by a Linn County jury in October, was granted a new trial today.

Steve Cooley, 60, was to be sentenced today. He faced up to 15 years in prison for second-degree burglary and as a habitual offender, but he was granted the new trial based on a technical mistake by the court.

Sixth Judicial District Judge Nancy Baumgartner told Cooley she nor Senior Judge David Remley informed him before trial of the lesser charges of second-degree burglary that could be presented to the jury.

Assistant Linn County Attorney Jerry Vander Sanden said he wanted a chance to review Baumgartner's ruling and may ask her for a reconsideration.

Baumgartner went over the trial information with Cooley, including the lesser charges, and he again waived his right to an attorney. She told him it was a bad idea and repeatedly advised him against it.

“If I ever needed to, I wouldn't represent myself,” Baumgartner, also a former defense attorney, said.

A new trial date wasn't set.

Cooley has four felony and several misdemeanor convictions.