Appeals court rules against Worth County sex offender

Timothy Benjegerdes
Timothy Benjegerdes

DES MOINES, Iowa – A convicted Worth County sex offender has lost his application for post-conviction relief.

Timothy S. Benjegerdes was arrested in May, 2008, when he was 18 years old, and accused of performing sex acts on two 13-year-old girls.  He entered not guilty pleas to two charges of 3rd degree sex abuse.  In May, 2009, a jury found Benjegerdes guilty on one count and acquitted him on the other.  He was sentenced in July, 2009, to 10 years in state prison, followed by lifetime supervision after his release.

Benjegerdes appealed his conviction and that was denied in 2011.  He later filed for post-conviction relief, claiming his defense counsel was ineffective.  Benjegerdes, now 27 years old, argued his lawyer should have done more to impeach the credibility of the victim and the investigating officer and failed to effectively argue a motion to suppress.

The Iowa Court of Appeals on Wednesday rejected all of those arguments.  It finds his complaints “unpersuasive” and rules that his attorney made “reasonable” strategic decisions at trial.

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