A former Des Moines police officer convicted of domestic abuse has been awarded a new trial by the Iowa Court of Appeals.
Stewart Drake was found guilty in 2012 in relation to an incident with his then-girlfriend. Drake was fired from the Des Moines Police Department in 2011 before he went to trial following an internal investigation.
Drake’s appeal claimed his attorney failed to object to confusing instructions that were given to the jury. Had the objection been made, Drake claims he may have been acquitted.
Wednesday, the Iowa Court of Appeals released its ruling in the case – agreeing Drake’s counsel was ineffective and granting him a new trial.
Drake has other legal issues to deal with. In March of 2013 he was charged with domestic assault for an incident involving his wife – the same woman from the original case.
His trial on that charge is scheduled to begin July 22nd.