Barbour Gets Life Sentence

BARBOUR

Posted By: Anne Hermann (email)
Date: 10/12/2009 at 08:26:02

Maquoketa Sentinel-Press
December 30, 1987

Barbour Gets Life, Plans to Appeal

Sammy Joe Barbour was sentenced to life in prison Christmas Eve morning, but vowed to appeal the first degree kidnapping conviction. Barbour of Bellevue and formerly of Bullard, Texas, was convicted of the charge involving a Preston teenager Dec. 9 after a three-day trial in Maquoketa,

Judge James E. Kelly presided over the trial and issued the sentence Dec. 24. Kelly told Barbour he had the right to appeal to the Iowa Supreme Court within 30 days.

Barbour said he intended to appeal and asked that his court-appointed attorney Alan Pape file the appeal. Kelly didn't grant an appeal bond.

Pape said Monday, Dec. 28, he would file the appeal notice, but would ask that the state Defender Advocate Office handle the appeal.

Wearing a blue T-shirt with his name on the back and "Praise The Lord" on the front, Barbour said Dec, 24, he felt Kelly was prejudiced in the case.

Kelly also turned down a request from Barbour filed by Pape for a new trial.

At the sentencing, Pape read a list of reasons Barbour was requesting a new trial. Pape said the testimony by two Maquoketa teenagers and a Texas woman who said she was raped by Barbour should not have been allowed as testimony.

"It was irrelevant, confused the issue and mislead the jury," Pape contended.

Other reasons listed included the testimony of Jones County Sheriff officer David Ball who said he was with the department although he had been fired a few days earlier. Kelly said he allowed the testimony of the women because "it was highly relevant to the intent of the defendant. There were striking similarities of ruse or deceit upon (the two Maquoketa teens) and a similar ruse upon the victim. There were similar methods used in the Texas incident. "

Kelly said the matter of Ball's testimony was cleared by another Jones County Sheriff’s officer.

Barbour also asked the judge to appoint Pape to be his attorney in a divorce case filed early in December by Kemis Barbour of Bellevue. Pape agreed to file the proper papers for Barbour in the dissolution of marriage.