By DI Staff
Local prosecutors will drop a case against a man charged and convicted of sexual assault, an official confirmed Tuesday night.
Evan Pfeifer, 22, was sentenced to prison in 2012 for raping a woman on the Pentacrest. However, a judge overturned the verdict in July over concerns related to mistakes by his defense, saying the errors made his trial unfair. The judge ordered a new trial — which will now not take place.
Johnson County County Attorney Janet Lyness said the decision is in line with the accuser’s wishes.
Pfeifer, who was kicked out of the UI, was charged and convicted of third-degree sexual abuse in the now-overturned trial. A new trial had been scheduled for January.
After his initial appeal was denied, Pfeifer sued the state of Iowa last year, claiming his conviction violated the state and federal Constitutions. He claimed his attorney did not adequately inform him of the consequences of not testifying and was otherwise ineffective. He also took issue with the prosecutor’s closing statement and jury selection issues.
The County Attorney’s Office countered at the time that Pfeifer’s counsel performed reasonable strategic moves as part of his defense, and that there were no legitimate issues with the prosecution’s closing statement or jury selection. Even if certain problems were present, the office contended, they would not have affected the outcome of the 2012 trial.
Judge Douglas Russell agreed with Pfeifer and overturned the verdict. Pfeifer was released from jail after serving time for more than two-and-a-half years.
