Rock Rapids, Iowa — A request for a new trial has been denied in the case of an Inwood man who was convicted of felony sex charges in April.
The trial of 41-year old Perry Vande Kieft ended in a guilty verdict on Thursday, April 6th.
According to court records, 41-year-old Perry Vande Kieft of Inwood was accused of having sexual contact with an 11-year-old girl in the spring of 2015 and again in February or March of 2016 at Vande Kieft’s home.
Vande Kieft was convicted of sexual abuse in the second degree, a class B felony.
Vande Kieft’s attorney, Ned Bjornstad had claimed that the evidence against Vande Kieft was based almost entirely upon the testimony of the victim. He says there was no medical or scientific evidence to corroborate her testimony. The motion Bjornstad filed with the court said the victim’s testimony was “thoroughly incompetent and insufficient as evidence.” He wrote that in one instance the testimony was “so incredulous as to render it incompetent.”
Bjornstad went on to say that the current status of the law does not require the state to specifically identify the date of the alleged act. He said that the witness claimed it happened “almost every day,” and that statement, “deprives the Defendant of any meaningful ability to defend himself…”
He said that when Vande Kieft was asked to explain why the victim would make these statements if they were not true, it shifted the burden of proof to the Defendant to provide an answer to establish his innocence.
Bjornstad called for a mistrial and asked for a new trial.
According to court records, in an order filed on Tuesday (May 23rd), Judge Patrick Carr overruled and denied the request for a new trial. Vande Kieft’s sentencing is set for this coming Tuesday, May 30th in Lyon County District Court. According to Iowa Code, a class B felony is punishable by up to 25 years in prison.
