Appeals court upholds Becker conviction in Ed Thomas death

An appeal filed by Mark Becker, convicted of killing legendary high school football coach Ed Thomas in 2009, was denied Thursday by the Iowa Court of Appeals.

Becker, 25, argued in the appeal that the court erred because it didn't give the jury instruction on his defense of insanity and in the restitution amount he was ordered to pay.

Becker's jury instruction for insanity differed from what the district court gave to the jury, according to the appeal. Becker's instruction included the statutory language of “diseased or deranged condition of the mind.” The district court instruction said the defendant must prove he didn't have the sufficient “mental capacity.” Those phrases aren't synonymous, he argued.

The state argued that the instruction regarding mental capacity, along with another instruction, which defines “insane and “insanity,” meets the requirements of the code section.

The appeals court recognized that a jury instruction doesn't need to contain the precise language of the statute but the instruction must be a correct statement of the law.

Becker also argued the court ordered him to pay $71,735 for restitution and legal assistance, and the legal fees exceed what the state public defender set at $18,000.

The court ruled fees such as witness costs have no limitations and are separate from attorney fee limitations.

Becker shot Ed Thomas, Aplington/Parkersburg High School football coach, several times  June 24, 2009,  while the coach was in the weight room of the temporary high school. About 20 students were in the room, and some testified during the three-week trial in Butler County District Court.

Psychiatrists who testified at the trial diagnosed Becker with schizophrenia, and his mother, Joan Becker, has previously told the media Becker is taking medications to treat his illness.

Becker pleaded insanity during the trial, but the jury rejected his claim. He was convicted of first-degree murder and sentenced to life in prison in April 2010.