Rodney Bean has 20 days to file appeal
Even though the Court of Appeals of Iowa ruled in favor of Rodney Bean’s convictions for involuntary manslaughter, two counts of second-degree theft, neglect of a dependent person, and two counts of dependent adult abuse on Thursday, Sept. 5, Bean could file another appeal.
“He has 20 days,” said Washington County Attorney Larry Brock. “He can seek further review from the appellate court or he can try to seek review from the Iowa Supreme Court. Both of those deadlines are within 20 days.”
Brock said he has not heard if Bean plans to file another appeal. If he doesn’t appeal within those 20 days, the Court of Appeals will release the case on day 27 back to the district court.
“At that point the judgment will become effective,” Brock said. “He’ll get picked up and he’ll get sent to prison.”
Bean’s attorneys, Davis L. Foster and Christopher J. Foster of Foster Law Office in Iowa City declined to comment on the case. According to the Iowa Courts online Web site no further review has been filed.
Even with the possibility of another appeal Brock said he wasn’t surprised when the ruling was released.
“I think the evidence was pretty overwhelming with everything, that he did what we said he did,” Brock said. “I was very pleased with it [the judgment]. I looked at the appellate briefs that were filed by the Attorney General’s office [they handled the appeal and filed the briefs for the Washington County attorney’s office], and frankly I didn’t think that the defendant really had any valid grounds to appeal on. I really didn’t feel there was any merit to the appeal and the appellate court felt the same way.”
Bean filed his appeal on Monday, Nov. 14, 2011, as reported in The Journal’s edition on Nov. 16, 2011. At that time Bean’s attorney said it could take up to 18 months for the Court of Appeals to review the case.
The case was sent up to the Court of Appeals of Iowa for review. Usually, it doesn’t take this long for them to review a case, Brock said.
“Typically, within a year they [Court of Appeals] likes to see them finished,” Brock said, “but this one took a little longer because of the transcript length.”
In the transcript were the testimonies from the 30 or so witnesses at the trial, which took place in September 2011, and the evidence presented at the trial, Brock said.