Journal Express, Knoxville, IA

CNHI/SE Iowa

October 3, 2012

Closing arguments heard in Arterburn trial

OSKALOOSA — The prosecution and defense have given their closing arguments in the first-degree murder trial of Brad Arterburn in Mahaska County District Court.

Arterburn, 27, of Oskaloosa, has been charged with the first-degree murder of his mother’s boyfriend, Robert Henry “Hank” Horovitz, 58, of Davenport, on June 19, 2011. Arterburn entered a plea of not guilty in Mahaska County Court July 12, 2011.

Prosecutor Denise Timmins argued that Arterburn committed a “heinous act” and took the life of Horovitz.

“Your duty is to seek the truth,” she said.

She argued Arterburn acted with deliberation and malice.

“The defendant has the burden to prove insanity,” she said.

Defense attorney Ken Duker argued there was no financial motive for Arterburn’s actions. Also, he argued the state’s professional witness diagnosed Arterburn in his clinical judgment — subjectively and not objectively. He argued that the defense’s witnesses utilized objective  as well as subjective tests in diagnosing Arterburn. He also argued that Arterburn acted in self-defense and was not rational when he thought he was defending himself against his abuser Dave Myers.

Duker’s conclusion was that Arterburn was not guilty by reason of insanity.

In follow-up statements, Timmins argued that if Arterburn truly believed he had killed his abuser — Myers — and not Horovitz, wouldn’t he have told everyone about it? Instead, when police arrived on scene, he was calmly smoking a cigarette on the deck behind the house.

Testimony from two mental health professionals Tuesday morning set the stage for closing arguments.

Psychiatrist Dr. James Dennert testified for the prosecution and clinical psychologist Dr. Craig Rypma testified for the defense.

Dennert examined Arterburn in September and conducted interviews with him and reviewed records and testimony concerning the case.

Dennert determined that Arterburn’s state of mind was such that he understood the nature and consequences of his actions, he understood the difference between right and wrong and acted with intent.

Dennert also determined that Arterburn was not in a disassociative state at the time of his interview with DCI agent Adam De Camp.

Dennert said that when Arterburn said he was having flashbacks during court testimony Monday, he was not having one in psychiatric terms. Dennert said he did not indicate that he was reliving actual events while in the courtroom. He was likely having vivid memories of abuse.

Also, Dennert said that Arterburn did not have a psychotic episode on June 19, 2011.

Dennert said he diagnosed Arterburn with a depressive disorder.

Rypma said he examined Arterburn and administered the MMPI test, an objective test of a person’s state of mind. He said the results of the test showed that Arterburn had elevated results to indicate psychotic thinking and a mood disturbance.

Rypma also said Arterburn has an IQ of 91, which is on the low end of the normal category.

Rypma observed Arterburn on the witness stand Monday and said that showed a person with a 91 IQ interacting with people whose IQs were 120. It also showed that Arterburn is a person who is open to suggestion and easily led to desired answers.

Rypma said Arterburn suffered from “black feelings” throughout his teen years. Rypma said those are similar to alcohol-induced blackouts people have.

Rypma said a review of the DCI interview indicated that Arterburn was confused during questioning.

Rypma said he determined that Arterburn could not understand the nature and quality of his actions on June 19, 2011. He also couldn’t distinguish between right and wrong.

1
Text Only
CNHI/SE Iowa
  • Screen Shot 2014-07-31 at 2.12.55 PM.png VIDEO: Five-year-old doesn't want her brother to grow up

    Sadie, an adorable 5-year-old from Phoenix, wants her brother to stay young forever, so much so that her emotional reaction to the thought of him getting older has drawn more than 10 million views on YouTube.

    July 31, 2014 1 Photo

  • lockport-police.jpg Police department turns to Facebook for guidance on use of 'negro'

    What seems to be a data entry mistake by a small town police department in western New York has turned into a social media firestorm centered around the word "negro" and whether it's acceptable to use in modern society.

    July 31, 2014 3 Photos

  • The virtues of lying

    Two computational scientists set out recently to simulate the effects of lying in a virtual human population. Their results, published in the Proceedings of the Royal Society B, show that lying is essential for the growth of a cohesive social network.

    July 31, 2014

  • Sunburn isn't the only sign of summer that can leave you itchy and blistered

    You've got a rash. You quickly rule out the usual suspects: You haven't been gardening or hiking or even picnicking, so it's probably not a plant irritant such as poison ivy or wild parsnip; likewise, it's probably not chiggers or ticks carrying Lyme disease; and you haven't been swimming in a pond, which can harbor the parasite that causes swimmer's itch.

    July 30, 2014

  • Survey results in legislation to battle sexual assault on campus

    Missouri U.S. Sen. Claire McCaskill joined a bipartisan group of senators Wednesday to announce legislation that aims to reduce the number of sexual assaults on college campuses.

    July 30, 2014

  • An alarming threat to airlines that no one's talking about

    It's been an abysmal year for the flying public. Planes have crashed in bad weather, disappeared over the Indian Ocean and tragically crossed paths with anti-aircraft missiles over Ukraine.

    July 30, 2014

  • Sharknado.jpg Sharknado 2 set to attack viewers tonight

    In the face of another "Sharknado" TV movie (the even-more-inane "Sharknado 2: The Second One," premiering Wednesday night on Syfy), there isn't much for a critic to say except to echo what the characters themselves so frequently scream when confronted by a great white shark spinning toward them in a funnel cloud:
    "LOOK OUT!!"

    July 30, 2014 1 Photo

  • Former Centerville teacher drowns in Creston

    A long-time Centerville Community School District teacher and coach has been identified as the man dive teams recovered from a southeast Iowa lake on Tuesday morning.

    July 30, 2014

  • 20140729-AMX-GIVHAN292.jpg Spanx stretches into new territory with jeans, but promised magic is elusive

    The Spanx empire of stomach-flattening, thigh-slimming, jiggle-reducing foundation garments has expanded to include what the brand promises is the mother of all body-shaping miracles: Spanx jeans.

    July 29, 2014 1 Photo

  • Medical marijuana opponents' most powerful argument is at odds with a mountain of research

    Opponents of marijuana legalization are rapidly losing the battle for hearts and minds. Simply put, the public understands that however you measure the consequences of marijuana use, the drug is significantly less harmful to users and society than tobacco or alcohol.

    July 29, 2014

Features
AP Video
Obama Slams Republicans Over Lawsuit Raw: 2 Hurt in NY Trench Collapse House Leaders Trade Blame for Inaction Cantor Warns of Instability, Terror in Farewell Florida Panther Rebound Upsets Ranchers Small Plane Crash in San Diego Parking Lot Dangerous Bacteria Kills One in Florida Visitors Feel Part of the Pack at Wolf Preserve 3 People Killed, Deputies Wounded in NC Shootout Suing Obama: GOP-led House Gives the Go-ahead Obama: 'Blood of Africa Runs Through My Veins' Amid Drought, UCLA Sees Only Water Texas Scientists Study Ebola Virus Smartphone Powered Paper Plane Debuts at Airshow Air Force: Stowaway Triggers Security Review Minnesota Fire Engulfs Home, Two Garages Southern Accent Reduction Class Cancelled in TN Obama Chides House GOP for Pursuing Lawsuit New Bill Aims to Curb Sexual Assault on Campus 3Doodler Bring 3-D Printing to Your Hand
Facebook
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Upon completion and reopening of Third Street, should the City of Knoxville wait to start the next stage of the Streetscape and Infrastructure project until 2015?

Yes
No
     View Results