Trial reset for man charged with killing mother with crowbar

CEDAR RAPIDS - A man accused of killing his mother with a crowbar in 2012 will not have his trial Monday because a key witness, a Cedar Rapids Police Officer, cannot testify because of an illness.

Assistant Linn County Attorney Nicholas Scott said Friday he explored alternatives such as testimony by phone or Skype, but in the end he had to ask for a continuance.

The ill Cedar Rapids officer is among three other officers and 12 academy recruits that have developed similar symptoms of a skin irritation, said Maria Johnson of the City's communication department. The academy was closed Wednesday, so classrooms, defensive tactics areas and equipment could be cleaned and disinfected. All those affected have been referred to medical providers for evaluation and proper treatment, she said.

The first-degree murder trial for Edward Cusic, 47, accused of beating to death his mother Anita Cusic-Labkon, 68, on Dec. 7, 2012, has been delayed many times as a result of mental and medical evaluations and other scheduling conflicts, court records show.

Sixth Judicial District Judge Fae Hoover-Grinde said while she appreciated Scott's efforts to not delay the trial, live testimony would be the most appropriate for a first-degree murder trial. She also asked Cusic and his lawyer if they were in agreement with this brief delay and they agreed.

The trial is reset to Nov. 30.

Documents show Cusic called 911 that night and told a police dispatcher he killed his mother with a crowbar because she had threatened him with a knife, documents show. Cusic, who lived with his mother, told police his mother was bipolar and suicidal.

Cusic later told police his mother threatened him with a dagger, and he used the crowbar to kill her, according to a criminal complaint. Cusic-Labkon had blunt force injuries to her face and arms, according to the criminal complaint.

Police found Cusic-Labkon's body face up on a bed in the back bedroom, with a crowbar between her legs, an affidavit for a search warrant detailed. Investigators also found a handgun on top of a dresser and a dagger under pillows in the bedroom.

Cusic in a jailhouse interview told The Gazette he was acting in self-defense and only intended to injure his mother. He said his mother pointed a gun at him and said 'I'll send you straight to hell.”

Cusic also claimed in the interview that his mother carried a .380 handgun in her pocket, had another gun in her bedroom and several daggers in the house.

The defense will claim Cusic wasn't competent at the time of the crime or had diminished capacity as a result of a previous traumatic brain injury, according to documents filed in the case.