Becker appears for final pre-trial hearing

The man accused of murdering Aplington-Parkersburg football coach Ed Thomas made a final pre-trial court appearance on Friday.

Trial for Mark Becker, 24, is set to start February 8th in Butler County. The hearing in Mason City lasted less than 30 minutes.

Barring some new legal twist, the next time Becker appears in court should be the start of his first degree murder trial. And on this final day of motions, both sides argued about possible testimony.

Becker's trial is likely to draw national attention both because the shooting happened in front of a number of students and also because the defendant once played for the popular high school coach. Becker's attorney will argue either insanity or diminished responsibility.

But at this last pre-trial hearing, prosecutors wanted the judge to limit just what witnesses could say about Becker's mental history. The state's argument was whatever the jury hears should directly relate to the shooting and not other incidents in Becker's past.

Assistant Iowa Attorney General Scott Brown said "we think there are a number of things in his history that may be irrelevant to the issues at trial."

But Becker's attorney, Susan Flander, wanted no pre-trial limits on what might come up in the way of past mental issues. She said the whole defense case is based on the mental problems Becker experienced prior to the shooting.

"His actions prior to the act on June 24th are relevant in establishing whether at that time the insanity issues apply," Flander said.

Judge Stephen Carroll told both sides he would not rule on any hypothetical "what if" concerns. Rather, the judge said he would deal with any objections when it comes up at the trial itself.

Prosecutors did make a motion to delay the trial 30 days if both sides run into trouble finding enough people to sit on the jury. The court plans to call 250 potential jurors--a much larger than normal number.

In fact, so many potential jurors are needed to select 12 jurors and alternatives the county will use a community center instead of the Butler County Courthouse because there is more room.

Dave Franzman, KCRG-TV