Prosecutors seeking charge increase in Burlington man’s murder, arson trial
(MCT) — Prosecutors are counting on a witness’s conversation with Dennis Duane Richards to get a first-degree murder conviction.
Lead prosecutor Tyron Rogers told a judge Monday the witness, coupled with testimony from a state medical examiner, provides reasons to amend one of the charges against Richards.
The 59-year-old Burlington man is charged with second-degree murder and second-degree arson in connection with the January death of his fiancee and former wife, Cyd Charisse Richards, 46.
Rogers expects the medical examiner to testify it typically takes four minutes for a manually strangled person to die. He said the time may qualify the crime as premeditated.
Richards was arrested after the medical examiner labeled Cyd Richards’ death as a homicide. Officials said she died of asphyxiation by strangulation shortly before 8 p.m. Jan. 4, nearly two hours before a fire was reported at her home.
In addition, Rogers told District Court Judge Mary Ann Brown, a witness recalled a conversation with Richards a few days before the incident where “he was thinking about killing Cyd Richards.”
“This information was learned after the original trial information was filed (Jan. 16),” Rogers said.
He added that upgrading the charge is “not going to make a bit of difference” with possible defenses.
Court papers indicate Richards intends to use self-defense, insanity, diminished responsibility and intoxication as possible defenses during his trial, which is scheduled for Dec. 1.
James Carter, an assistant public defender appointed to represent Richards, said prosecutors should not be allowed to amend the charges this late in the case.
For one, Carter said, the case had been set to begin Oct. 13, and as late as an Oct. 7 status conference, “no such attempts to amend were undertaken by the state.”
Carter, who fell ill during that time, was unable to be prepared for the October trial date, prompting a continuance.
There are two tests the state must pass to allow the amendment, he said.
One, the move should not be prejudicial to Richards. And, second, it should not be a “wholly new or different offense.”
In this case, Carter contends first-degree murder is a different offense from second-degree in the sense that it contains different elements, such as premeditation.
Then there is the disparity in the punishment: 50 years versus life in prison without parole.
And since first-degree murder is a class-A felony — if the judge allows the amendment — Richards, by state law, has the right to have two attorneys appointed to represent him.
“The 11th-hour amendment by the state deprives the defendant of the additional manpower afforded by the Iowa code, commensurate with the severity of the charges, which other similarly but timely charged defendants may enjoy,” Carter said. “The amended charge introduces a completely new element for which the defense has conducted no preparation, nor discovery.”
The defense attorney also raised questions about the witness and the medical examiner, saying the medical expert was interviewed by authorities during the initial stages of the investigation.
“I’m not aware of any new witnesses at this point,” Carter said. “We’re being put in a position here to re-evaluate.”
But prosecutors said that during the time Carter was ill, another attorney, James Beres, from the public defender’s office, was added to assist in the defense. Amending the charge, Rogers said, does not prejudice Richards and the man “would have ample opportunity to prepare his defense.”
During a hearing in September, Rogers hinted the charge against Richards might be re-elevated due to information collected during depositions earlier that month. He did not go further or offer any speculation at the time.
“After reviewing the information gathered subsequent to filing the original trial information, the state believes it can prove a case against the defendant for murder in the first degree,” the prosecutor said.
Brown did not rule Monday and has taken the matter under advisement.
