Denis Gailey, 51, formerly of Moorland, was convicted of two counts of first-degree kidnapping, one count of second-degree arson and one count of first-degree burglary following a trial in April 2008.

In a decision filed Wednesday, the appeals court denied Gailey’s appeal in which he argued that Webster County District Court should not have denied his application for post-conviction relief.

Among the reasons Gailey appealed were his argument that a taped conversation between him and his wife, one of the victims in the case, should not have been used as evidence. In that conversation, Gailey made incriminating statements, according to the Court of Appeals’ decision.

It was allowed as evidence at Gailey’s trial.

In its decision, the court stated the conversation “days before the charged crime was relevant to demonstrate Gailey’s motive and intent. And the evidence was not unfairly prejudicial considering its high probative value.”

The court went on to say, “Considering the facts and circumstances of this case, it is highly unlikely the jury would have convicted Gailey solely on the basis of the challenged evidence. We also note the jury was given a cautionary instruction limiting the use of the evidence,” which the court said helped nullify the danger of unfair prejudice.

Gailey also claimed he had ineffective representation at his trial. He claimed his attorney did not object to the court’s instructions regarding kidnapping, saying it “resulted in a less demanding standard to prove the confinement or removal element of first-degree kidnapping.”

The appeals court ruled it could not find that Gailey was prejudiced against because there was no objection.

On April 25, 2007, Gailey’s wife and stepdaughter, who he had a protective order with, went to the family home with an officer to retrieve some belongings. Inside the home, they found diesel fuel poured throughout the home as well as suicide notes that were apparently written by Gailey.

He had gone to the elementary school to pick up the couple’s 6-year-old daughter. Afterward, he blocked his wife’s car, got out and pointed a gun at her, demanding she open the door while threatening to “blow her head off,” according to the Court of Appeals.

Gailey made his wife drive to a farm where he threatened to kill her, their 6-year-old daughter and himself.

Eventually, they left the farm with Gailey’s wife driving while he and their daughter were in the back seat.

An officer began following them, and a high-speed chase ensued. Gailey eventually made it to the front seat of the car and continued speeding until officers rammed the vehicle into a ditch.

Gailey’s life sentence is being served at the Iowa State Penitentiary in Fort Madison.