Man Seeks New Trial in Crime Spree

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By Becky Ogann

Story Created: Nov 12, 2009 at 11:27 AM CST

Story Updated: Nov 12, 2009 at 11:27 AM CST

WATERLOO (AP) - A Waterloo man convicted of kidnapping and assaulting a convenience store clerk in a 2001 crime spree wants a new trial, saying his trial lawyer was ineffective.

David Penwell was convicted of first-degree kidnapping and second-degree sexual assault and sentenced to life in prison without parole.

In his request for a new trial, Penwell says his attorney was ineffective because he failed to present evidence that he was insane or suffered from diminished capacity at the time of the crime.

Black Hawk County prosecutors say there wasn't any evidence presented because there wasn't any evidence to back Penwell's claim.

A judge, who took up the issue at a hearing on Monday, didn't immediately rule on the request.

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