Johnson County attorney says no conflict exists in attempted murder case

IOWA CITY - The Johnson County Attorney's Office will not resist a University of Iowa student's request to move his attempted murder trial to another county but resists his claim to have the Iowa Attorney General's Office prosecute the case.

Assistant Johnson County Attorney Ann Lahey in motion filed Tuesday said no conflict of interest exists in the attempted murder case of Branden Plummer, 20, of Urbandale, who is accused of choking an Iowa City officer in November. The fact that the alleged victim is a police officer, Sgt. Brian Krei, doesn't create a conflict for the county attorney's office.

Plummer filed two motions last week and three this week asking for a change of venue, challenging the attempted murder charge, asking the court for medical records of the alleged victim, asking for a dismissal and claiming the trial information is too vague.

Plummer is accused of choking Krei unconscious near the corner of Burlington and Linn streets Nov. 18, according to a criminal complaint. Krei allegedly stopped Plummer for blocking traffic at the intersection.

According to a police report, Krei was choked and his head was slammed into the concrete and he briefly lost consciousness.

Mark Brown, Plummer's attorney, said in his motion requesting the Iowa Attorney General's Office prosecute the case that the attempted murder charge doesn't fit the crime and the charge was "elevated" because the alleged victim is a police officer.

Brown also cited some other cases similar to Plummer's, in which the defendants were charged with a lesser crime than attempted murder but Lahey said those cases had different facts or circumstances. Lahey also pointed out that other cases involving police officers as victims, were prosecuted by the Johnson or Linn county attorney's offices, not an outside agency.

Brown in his change of venue motion claimed Plummer couldn't get a fair trial in Johnson County because of the extensive media coverage. Lahey in her motion said the state doesn't resist without further explanation.

The state hasn't filed responses to the other motions filed by the defense at this time.

A hearing is set for the motions to dismiss and for the change of venue 11 a.m. Jan. 17, in Johnson County District Court.

Plummer's trial is set Feb. 21.