Appeals court upholds murder conviction for Edward Cusic

DES MOINES - The Iowa Court of Appeals on Wednesday upheld the 2015 conviction of Edward Cusic who struck his mother with a crowbar eight times, killing her in 2012.

The court denied Cusic's four arguments in his appeal, affirming a Linn County jury's conviction of second-degree murder. Cusic, 48, originally was charged with first-degree murder and went to trial in 2015. He is serving a 50-year prison sentence and must serve 35 years before being eligible for parole.

Evidence at trial showed Cusic beat to death his mother, Anita Labkon, 68, with a crowbar in her Cedar Rapids home Dec. 7, 2012. Described as a 'frail” woman with serious health issues, Labkon had 19 broken bones from the violent attack.

Cusic, in his appeal, argued his constitutional right to confront witnesses was violated because Daniel Tranel, a University of Iowa neuropsychology professor, was allowed to testify. Cusic argued statements taken from a report written by Carroll Roland, another psychologist, were admitted through Tranel but Roland couldn't be cross examined. Cusic said allowing Tranel to testify about the report violated his rights.

The appeals court stated that Tranel's testimony addressed Cusic's defenses of diminished capacity and intoxication, in an attempt to undermine the 'specific intent” element of first-degree murder. Tranel failed to do so, and because the jury convicted Cusic of second-degree murder, the court concluded any constitutional error was harmless.

Tranel was called to testify after Dr. Michael Taylor, a medical doctor and psychologist, couldn't be at trial because his wife was seriously ill and he couldn't leave her bedside.

Cusic in the appeal also argued Tranel's testimony was based on hearsay and his testimony violated his right to due process because the prosecution didn't disclose Tranel as a potential witness.

The appeals court ruled based on case law, an expert can rely on facts from another expert, who personally examined the patient, to reach a conclusion.

It also concluded Cusic's due process right wasn't violated because the prosecution is not required to disclose rebuttal witnesses.

The court also denied Cusic's other two arguments regarding character evidence of Labkon as a non-violent person and a jury instruction on a doctrine not recognized in this state.

During trial, Arthur Konar, an Ames clinical psychologist, said Cusic had a neuro-cognitive impairment that resulted in diminished capacity, and affected his ability to form specific intent to kill his mother.

Tranel testified Cusic didn't have a brain impairment according to his medical and psychological records, including testing Konar conducted.

Testimony also showed Cusic admitted to police and a Gazette reporter that he killed his mother. He claimed she was threatening him with a knife or gun.

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