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Judge rules against post-conviction relief application

Harper denied

Post-conviction relief for Sessions Harper, who was convicted of sexually assaulting a Fort Dodge woman and setting her on fire in an attack that resulted in her death, has been denied, according to a news release from the Webster County attorney’s office.

Webster County District Court Judge Thomas J. Bice denied the application Feb. 14.

Harper, 41, formerly of Fort Dodge, is serving life in prison after being convicted of first-degree murder, first-degree sexual abuse and first-degree kidnapping in the death of Holly Michael, 22, of Fort Dodge. He is also serving 25 years after being convicted of first-degree arson.

Michael was murdered in January of 2006.

In February 2007, Harper was found guilty by a jury at a trial held in Buena Vista County due to a change of venue motion filed by his attorneys.

The Iowa Supreme Court affirmed Harper’s conviction in 2009, in a ruling that substantially dealt with the admissibility of the victim’s statements to hospital staff that Harper raped her, tied her up, and started her house on fire.

The Court held the statements were properly admitted at trial under the excited utterance and dying declaration exceptions to the hearsay rule.

In his post-conviction relief action, Harper’s arguments primarily revolved around claims the victim’s statements should not have been admitted at trial, prosecutorial misconduct, and that his trial counsel was ineffective for failing to object to numerous jury instructions.

Judge Bice ruled that Harper failed to prove his attorney’s assistance at the trial was ineffective or show prosecutorial misconduct had occurred.

Regarding the victim’s statements to hospital staff, Judge Bice agreed with the appellate court ruling that her statements were admissable under the excited utterance and dying declaration exceptions to the hearsay rule.

Harper was represented in the post-conviction relief action by Edward Bjornstad.

Harper appeared by telephone from the Men’s Correctional Facility located in Fort Madison.

Assistant Iowa Attorney General Scott Brown and Former Webster County Attorney Tim Schott prosecuted Harper in the 2007 murder trial. Brown and Webster County Attorney Jennifer Benson represented the State of Iowa in the post-conviction relief action.

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