Des Moines, IA: Man convicted in wife's lover's death wins appeal

DES MOINES, Iowa— An appeals court on Wednesday ordered a new trial for an Iowa man convicted of having his wife's lover murdered, agreeing with his attorneys that the conviction was based largely on hearsay testimony that never should have been allowed.

The Iowa Court of Appeals said in its unanimous decision that Vern Huser's trial attorney should have challenged the admissibility of testimony from three witnesses who said Huser's alleged co-conspirator, Louis Woolheater, told them he intended to hurt or kill Lance Morningstar at Huser's request.

"Viewing the evidence in the light most favorable to the jury's verdict, we find substantial evidence that Huser aided and abetted in Morningstar's murder," the court said. "But because we conclude that the most compelling statements showing Huser encouraged Woolheater's criminal acts constituted impermissible hearsay, we reverse and remand for a new trial."

The court reversed Huser's 2010 first-degree murder conviction and sent the case back to the district court.

Huser's current attorney, Alfredo Parrish, said the Ankeny man has always maintained that he's innocent.

"We are extremely happy with it," Parrish said of the ruling. "That evidence never should have come into the record and had the jury not heard that, there is the probability that he would have been acquitted."

The attorney general's office is reviewing the ruling and considering its options, spokesman Geoff Greenwood said.

Prosecutors say Huser, 64, conspired with Woolheater to kill Morningstar, who was having an affair with Huser's wife. Morningstar's family reported him missing in 2004, and hunters found his body near Altoona the following year. He had been shot several times.

Woolheater was convicted of first-degree murder in March 2010 and sentenced to life in prison. He and Huser were tried separately.

Huser argued in his appeal that the trial court erred by admitting the statements witnesses attributed to Woolheater, saying they amounted to hearsay.

The three judges who heard the appeal agreed, but placed the blame for allowing the testimony on Huser's trial attorney, saying it amounted to a "breach of his duty."

Huser's trial attorney, James Cook, did not respond to a phone message left at his West Des Moines office Wednesday seeking comment.

The judges said prosecutors presented a strong case for why Huser would want Morningside killed and presented evidence showing he had threatened the victim and may have knew about Morningside's death before his body was found.

"But the critical link between Huser's well-documented desire to having Morningstar injured or killed and Woolheater's action to that end was Woolheater's statements to three separate witnesses of his intentions to harm or kill Morningstar upon Huser's request," the court said.