Convicted murderer to get new trial - KWWL - Eastern Iowa Breaking News, Weather, Closings

Convicted murderer to get new trial

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CEDAR RAPIDS (KWWL) -- A judge sentenced Jacovan Bush to life in prison in January of last year, after a jury convicted Bush of shooting and killing Thomas Horvath back in April 2008 in Cedar Rapids.  But the Iowa Court of Appeals says prosecutors violated evidence rules.  So Bush will now get a new trial.

Certainly, it's a set-back for those that prosecuted the case and a disappointment for family and friends of Tom Horvath.  But the appeals attorney for Jake Bush insists that justice will be best served with a new trial. 

19-year-old Thomas Horvath died after being shot during a fight outside the Raintree Apartments in Cedar Rapids back in April 2008.  But Bush will have his day in court again.  His attorney says that parts of the original murder trial weren't conducted properly.

"If a witness makes a statement out of court, but before the trial says that statement wasn't true, and I will not testify to that under oath, prosecutors cannot put the witness on the stand and try to get in the statements that were made out of court.  And that's exactly what happened in this case," said Bush's appeals attorney Kent Simmons.

The appeals court also ruled that the entire seven hour videotape of Bush's police interview should not have been played to witnesses during the trial.  So now a second jury will determine if Bush will be found not guilty or remain behind bars for the rest of his life.

We reached out to several of Tom Horvath's friends and family Wednesday.  We did talk with his step-father, David Bosier.  But Bosier did not wish to comment on the success of Jake Bush's appeal.

The state has 20 days to ask the Iowa Supreme Court to review the case before the district court will be able to set a new trial date.  A spokesman from the Iowa Attorney General's office says that the AG is looking over the appeal ruling, but has not yet decided whether to seek that review.

KWWL Reporter:  Kera Mashek

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