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Judge: Murder charge stands

Published: Friday, Dec. 28, 2012 1:15 a.m. CDT

CLINTON – Clinton County District Court Judge Marlita Greve has denied a motion of dismissal filed by a Clinton man charged with felony murder.

Andy Cole, 47, of Clinton, is charged with first-degree murder in connection with the 2008 death of Alysia Marburger, 27, of Sabula. Cole and his attorney, Bruce Ingham, had filed a motion to dismiss the charge Dec. 13. The state alleges Cole murdered Marburger while committing sexual abuse, which constitutes a felony murder. However, Cole and his attorney have argued that the bill of particulars and witness testimony do not support that sexual abuse was committed or that the defendant committed the murder during the abuse.

Greve considered both the defendant and the state’s arguments. The state argued that according to Iowa law, there are only three grounds for dismissal of trial information. The first is if it appears that the particulars do not constitute the offense charged in the trial information. The second would be if the bill of particulars does not state the defendant committed the offense. The third is related to a statute of limitations.

– MCT News Service

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