A former north Iowa police officer, found guilty on almost a dozen counts of sexual exploitation of a minor, has been denied in his request for a new trial and new legal counsel.
In October, a Butler County jury convicted former Clarksville police officer Michael Tobin on three felony counts and eight aggravated misdemeanor counts of sexual exploitation of a minor. His sentencing date is set for this Monday (12.11) in Butler County District Court.
Last week, Tobin filed motions himself to seek a new trial and new legal counsel, accusing attorney, Nellie O’Mara, of being “ineffective counsel” by not allowing him to testify in his own defense. He also claimed she lied to the court and instructed him to also lie to the court.
O’Mara counter-motioned denying all of Tobin’s allegations except regarding communications with her client. She claims Tobin has badgered her repeatedly since the trial and also asked that she be removed as his counsel.
Wednesday (12.06), Judge Rustin Davenport denied Tobin’s request for a new trial and for new legal counsel, noting that a change in attorney would not make a difference in getting Tobin a new trial and it would only delay his sentencing. Thus, the judge also ordered that O’Mara would remain as Tobin’s legal counsel.