Iowa's top court orders new trial in Waterloo slaying

The Iowa Supreme Court ordered a new trial Friday for a man convicted in a 2008 gang-related shooting in Waterloo, saying police violated his rights to remain silent and to be represented by an attorney during questioning.

Court documents say Anthony Devon Polk, then 22, and a friend got into an argument with a member of the Chopper City gang at Waterloo's July 4 fireworks celebration. The man pulled a gun and fired a shot at Polk's friend, prompting Polk and his friend to get their own weapons and seek out the gang member.

They found him early on the morning of July 5, 2008, and fired shots, missing the gang member but striking two other men.

Polk was questioned about the shootings later that month after his arrest in an unrelated case. The documents say Polk asked to leave the interview room at the Black Hawk County jail and stop the questioning twice.

Waterloo police officer Shawn Monroe at one point told Polk if he would talk about the shooting the county attorney might be more lenient. The officer also told Polk to think about his kids and how much they would miss him if he had to be gone for a long time.

Polk then confessed to carrying a gun with the intention of shooting the gang member.

At his trial, the district court judge denied a motion by Polk's attorney to not allow the confession.

Convicted and sentenced to 10 years in prison for intimidation with a dangerous weapon, going armed with intent and carrying a weapon, Polk appealed.

The Iowa Court of Appeals concluded Monroe was dangerously close to violating Polk's rights by offering leniency, "but these statements do not make Polk's confession involuntary."

The Supreme Court disagreed. Justices said the court has ruled previously that confessions made after promises of leniency may be suppressed at trial.

In Polk's case, they concluded that the police officer's interrogation strategy went beyond permissible tactics.

"We conclude Monroe crossed the line by combining statements that county attorneys `are much more likely to work with an individual that is cooperating' with suggestions Polk would not see his kids `for a long time' unless he confessed," the court wrote. "Other courts have cried foul when interrogators imply a confession will reduce the suspect's time away from his or her children."

Assistant Black Hawk County Attorney Joel A. Dalrymple said he had no comment until he finished reviewing the court's decision.

Assistant State Appellate Defender David Adams, who represented Polk on the appeal, said he had no comment and that the court's decision spoke for itself