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Sixth Appeal On A Sexual Abuse Conviction Denied For Carroll Man

A Monday filing in the Iowa District Court for Carroll County denied another application for post-conviction relief filed last year by Jesse Neitzel of Carroll. The appeal for the 26 year old for a conviction in 2010 on charges that the then 16 year old had sexually assaulted a seven year old was brought to a hearing before the court on Dec. 11, 2017. The defendant’s own attorney filed a response that did not support Neitzel’s claims. The attorney wrote, “In light of Counsel’s ethical duty to the tribunal to present meritorious and non-frivolous evidence and argument, Counsel cannot join with Applicant’s petition for post-conviction relief and takes no position to argue same.” The attorney also said that in his opinion, any challenges must attack the resentencing, not the original conviction. In a Jan. 8 hearing on this matter, Neitzel and his attorney appeared by phone and Neitzel stated he agreed with his attorney’s response and would not resist the state’s motion to dismiss the application. This latest petition was his sixth appeal since his original conviction and sentencing of 25 years in prison on the sexual abuse charges.