Estherville, Iowa — An Estherville man convicted of Murder will get a new trial after a ruling by the Iowa Court of Appeals.
Lee Christensen had appealed his 2nd Degree Murder conviction, and the accompanying fifty year prison sentence, contending he had not received a fair trial in the shooting death of Thomas Bortvit of Estherville. Christensen contended that his Iowa and US Constitutional rights to a fair trial and due process of law were violated in the trial due to a number of factors, including the possibility that some of the jurors made their decision because of social media posts, specifically a Facebook post, or by community comments about threats of public disorder or violence if Christensen was not convicted of 1st Degree Murder. District Court Judge Davis Lester heard the original argument in 2016, and ruled against Christensen.
In a ruling today (Wednesday, April 18th), the Iowa Court of Appeals reversed Christensen’s conviction and sentence, and remanded the case back to Emmet County District Court for a retrial, according to online court records.
Christensen was originally convicted of 2nd Degree Murder in the shooting death of 19-year old Thomas Bortvit, of Estherville. Bortvit’s family reported him missing on June 6th of 2015, and Estherville authorities, along with the help of volunteers, searched southern Estherville. Police and Emmet County Sheriff’s officers located Bortvit’s body late the next afternoon, and immediately launched an investigation into his death. That investigation resulted in 1st Degree Murder charges being filed against Christensen, who was found and arrested at the Minneapolis airport the next day. At the end of Christensen’s 1st Degree Murder trial, the jury returned a verdict of Guilty of 2nd Degree Murder in the case.
