Find Kinyon Guilty of Second Degree Murder.

KINYON, BATEY

Posted By: Ken Wright (email)
Date: 4/21/2007 at 10:06:58

Judge Westrate sets November 9 for sentencing.
By Bob Melvold, Maquoketa Community Press, November 5, 1962.
Showing the effects of some 12 hours of mental and emotional strain in searching for the best of three difficult solutions, the jury took their seats shortly before 1 a.m. Friday morning and pronounced Donald Kinyon guilty of murder in the second degree for the killing of Thomas Vincent Batey.
In contrast to the crowded courtroom scenes during the nine days of jury selection and testimony, a small group of law enforcement officials and reporters were the only spectators as Judge Matthew Westrate, the defendant, the four attorneys, Clerk of Court G. Edward Binns and Bailiff Ronald T. Cahill took their places.
Kinyon stood to hear the verdict read by Jury Foreman Clyde Jess, and winced a bit as he heard the worst. Judge Westrate polled the jury individually by name confirming the verdict.
Judge Westrate then thanked the jury for their time and attention and dismissed them. The seven men and five women filed out, got their wraps in silence and were quickly gone. There were no words, either regarding the trial or in reference to more casual subjects as they went down the corridor and out to the parking area. The only sound was the starting of frosted cars in the late autumn night air. Perhaps the most difficult task of their respective lives was over and the less they had to talk or think about it the better.
Once again seated in his chair and at least outwardly composed, Kinyon resumed his "straight ahead" neutral position as the attorneys approached the bench and Judge Westrate set Friday November 9 for the day of setting sentence.
Murder in the second degree carries with it a penalty ranging from 10 years to life, as set by the judge. The sentence as set is subject to some time off for good conduct while in prison and possible eventual parole. In this case Kinyon will also have to serve the balance of a seven year term for which he was paroled after some two and one-half years.
With the trial date set, Kinyon was escorted into the corridor and out the west door leading across the street to the jail. There were no words, no look to the right or left. He lighted a cigarette just before going out the door, and for all outward appearance he might have been a young farmer of businessman having a last smoke on the way home from a late evening committee meeting or school sports event.
For County Attorney Asher Schroeder and his special assistant, J.E.Heiserman, there was no elation at receiving the verdict they had asked for. It had been a long and difficult job laying the ground, in locating and interviewing 20 witnesses and in acummulating almost countless exhibits.
For Sheriff Hinke and the other law officers involved in the investigation, there obviously was relief as a "deadlocked" jury would have meant a mistrial and an acquittal would have meant the obligation of searching for evidence of another assailant.
Everett Schoenthaler, who was assigned the duty of defense counsel by the court, had only this to say, "We had a duty to defend and the jury has spoken."
Schoenthaler and his assistant, Lavern Roberg, gave many long days to the case. In the words of J.E.Heiserman, the special prosecution counsel and the presiding judge on several Cedar Rapids area murder trials before retiring from the bench "Schoenthaler and Roberg presented a very excellent defense...they raised every possible doubt anybody could think of."