Thomas seeks new trial for first-degree murder | News, sports, jobs

Thomas

Robert Thomas, convicted of first-degree murder, is seeking a new trial as part of a parole order, three years after he was sentenced to life in prison and an additional 25 years for attempted murder.

Thomas, 40, formerly of Marshalltown, is also asking for his convictions to be overturned, meaning the court would dismiss the case and he would be free of the penalties.

Thomas was convicted in 2021 of shooting 22-year-old Johnqwez Lewis and seriously wounding 27-year-old Devonte Brooks in an apparent drive-by on Marshalltown’s north side in March 2020.

During the trial, prosecutors argued that Thomas committed the murder in retaliation for the killing of his brother, Blake Thomas. Mustafa Muhammad was convicted of first-degree murder in the death of Blake Thomas in November 2021. He was sentenced to life in prison without the possibility of parole.

In Thomas’ motion for post-conviction relief, he claims the state withheld evidence, he received inadequate legal representation and some evidence was not admitted at trial.

Thomas wrote the reasons he believed his attorney was not adequate, including:

• No witness transcripts were requested by the state;

• No reasonable objections were raised to the admission of some evidence;

• Thomas was not informed about the difference between a jury trial and a judge trial and therefore could not make an intelligent decision;

• No investigation was conducted into whether Judge John Haney had other state employees who were biased;

• A change of location was not discussed;

• Thomas was not informed of his right to testify during his trial and;

• Because the State’s evidence did not argue, it was not sufficient.

In February 2023, he appealed his conviction and sentence to the Iowa Court of Appeals, but the justices upheld the Marshall County Court’s decisions.

A non-jury trial was scheduled for Oct. 10, but was continued after Marshall County Prosecutor Jordan Gaffney filed that he had not received the necessary information from Thomas and his attorney, Jessica Millage. For the trial, Thomas hopes to bring in experts on firearms, video evidence and fingerprints. Judge John Flynn ordered the information sent to Gaffney and the new trial date set for October 24.

Contact Lana Bradstream at 641-753-6611 ext. 210 or [email protected].