Attorney general asks court for rehearing in Hiawatha child abuse death case

The Iowa Attorney General's Office filed a motion this week for a rehearing of the Supreme Court's decision to give Zyriah Schlitter, convicted in the 2010 child abuse death of his 18-month daughter, a new trial because his lawyer failed to challenge one argument regarding who committed the abuse.

Justices granted the new trial for Schlitter, 29, of Cedar Rapids, based on his lawyer's error of not asking the trial judge for an acquittal on one of the four theories regarding who committed the abuse that led to the death of toddler Kamryn Schlitter on March 28, 2010.

Assistant Attorney General Jean Pettinger argued even if the defense attorney failed to ask for acquittal on that theory, the defense can't prove Schlitter wouldn't have been convicted without the error.

The justices in the opinion said the prosecution provided sufficient evidence on the other three theories that laid out who physically abused Kamryn and how to prove child endangerment resulting in death. But they concluded the prosecution didn't prove Schlitter inflicted the deadly force necessary to cause the toddler's injuries, which is one of the theories the state argued for child endangerment.

When Kamryn exhibited the first and second set of bruises, there were numerous people other than Schlitter who had cared for her, including Schlitter's then-girlfriend, Amy Parmer, day care providers, her mother and several members of Schlitter's family, the court said.

Schlitter also wasn't with Kamryn during the two hours leading up to a 911 call before her death, according to trial testimony. Parmer was taking care of her at the time. And there was no testimony that Schlitter had inflicted unreasonable force or had shaken Kamryn before.

Pettinger also argues that a defendant claiming ineffective assistance must show that the lawyer failed to perform an essential duty and that the defendant was prejudiced as a result. The defense can't prove that a reasonable jury would have ignored those three theories and instead, relied on the one lacking sufficient evidence. The jury didn't have to say which theories they relied on for the verdict, she said.

Schlitter is serving a 50-year-prison term. He was found guilty of child endangerment resulting in death and involuntary manslaughter in 2012. Testimony showed Kamryn died from severe head injuries caused by shaking or slamming.

According to testimony, Schlitter and Parmer, 29, of Hiawatha, either individually or jointly inflicted the fatal injuries and knowingly permitted the other to abuse her or failed to protect the child from the other. Parmer was convicted in 2013 of child endangerment resulting in death and involuntary manslaughter.

Her conviction is pending further review by the Iowa Supreme Court.

The court's ruling was confusing regarding whether a new trial would include having to retry the involuntary manslaughter charge.

First Assistant Linn County Attorney Nick Maybanks said after the court's ruling on June 10, that he believes the 'involuntary conviction was affirmed, because in the final paragraph they only reference the child endangerment conviction being reversed.”

Maybanks said Tuesday he still couldn't comment on whether he will try the case again, because the rehearing motion and Parmer's further review by the court are pending.

Shellie Kniepfer, state appellate defense attorney who argued for Schlitter, said Tuesday it was unclear but she agreed with Maybanks that the involuntary manslaughter conviction stands.