Spirit Lake, Iowa — Sentencing for the woman who was convicted in a bench trial of the first-degree murder of a Lake Park woman was supposed to have been on Friday. But it was postponed due to a court reporter being unavailable. However, the defendant did have a court date on Friday.
Allison Decker’s attorney has filed a motion in arrest of judgment and has asked for a new trial, and a hearing into that motion did happen on Friday.
Decker was convicted in June when District Court Judge Shayne Mayer rendered her verdict of guilty in regard to the death of Angel Bastman in the basement of her Lake Park Home on December 22, 2020.
Decker had opted for a bench trial, with Judge Mayer deciding her guilt or innocence, forgoing a jury trial. Judge Mayer found Decker Guilty of 1st Degree Murder, 2nd Degree Theft, and Conspiracy to Commit Theft. She had not yet been sentenced.
Decker’s attorney, Ned Bjornstad alleges that there is insufficient evidence to prove that Decker killed Bastman, that she died as a result of any act by Decker, that Decker acted with malice aforethought, and that Decker had a plan to kill Bastman. Rather, he places the full blame on Decker’s co-defendant Justice Berntson who took a plea bargain and has been sentenced. Attorney Bjornstad also states in the updated motion that there is a new witness whose testimony needs to be heard.
In their resistance, the prosecution disagrees and says the “new witness” and their information isn’t new and that there’s been ample time to present all the evidence.
Judge Mayer gave Decker until this Monday to present any new documents, and will give the state a week to respond. She gave no indication as to when a decision would be made on the motion for a new trial or when sentencing might be.
