Linderman murder sentencing set for Monday

By Bob Steenson, bsteenson@charlescitypress.com

The sentencing of a Charles City man convicted of a Jasper County murder has been delayed again as the man continues to make motions in court pointing to what he says is evidence of someone else’s guilt.

Randy Linderman, age 53, who listed his address as Charles City, was convicted in November 2018, of having killed Jose Ramirez Berber in March 2017 in Berber’s rural home in Newton, by hitting him in the head and face and causing blunt force trauma.

Sentencing for first degree murder — a mandatory term of life in prison without the possibility of parole — has been scheduled then continued several times.

A hearing has now been set for Monday, June 3, in Jasper County to rule on motions and announce sentencing.

Shortly after being convicted, Linderman began sending hand-written notes to Judge Richard Clogg, asking the judge to review the evidence that was presented during the trial and offering what he said was other evidence pointing to the guilt of another person.

The judge determined that the notes amounted to a motion to set aside the judgment or for a new trial, which are often routinely filed by the defense after a criminal conviction, but rarely granted.

In all, Linderman sent the judge 11 separate letters totaling more than 52 handwritten pages, raising questions about evidence, how the trial was conducted, how his attorney performed during the trial, questioning why other people had not been considered suspects and raising other issues.

On Dec. 30, 2018, Christine Branstad, of Branstad and Olson Law Office in Des Moines, began representing Linderman.

The latest date for a hearing on the motion for a new trial and for sentencing had been set for May 20, but that was continued again and a closed hearing was held where Linderman presented what he said was evidence of another person’s guilt.

After the closed hearing, Jasper County Attorney Scott Nicholson filed a resistance to the motion for a new trial.

In his resistance, Nicholson argued that no new evidence had been presented. Rather, he said, Linderman offered the testimony of another person, identified as private investigator Scott Gratias, “which consisted of second-hand and third-hand hearsay information. No other witnesses testified or described any ‘new evidence.’”

Nicholson argued Iowa criminal court rules clearly require that the defendant “produce the actual witnesses who would be called if there were a new trial granted, and hear their testimony given under oath or by sworn affidavit. This rule does not allow for the court to hear a second-hand or third-hand summary of what these potential witnesses might say at trial.”

“The court cannot make this credibility determination based on a summary of hearsay evidence given by a private investigator,” Nicholson wrote in his resistance motion filed April 9.

On May 14, Branstad, Linderman’s attorney, filed a motion for the court to allow her to file affidavits in support of their motion for a new trial, and to submit them under seal, rather than having the court documents available to the public as is usually the case.

On May 20, Branstad filed another motion to delay the sentencing hearing, and Judge Clogg has now set Monday, June 3, for the hearing and sentencing.