It's uncharted territory for murder cases in Iowa. Two life sentences are thrown out in Iowa Wednesday by the Court of Appeals. The first set since a recent U.S. Supreme Court ruling that life without parole for juveniles is unconstitutional.
One of sentences thrown out is from a Scott County case. Christine Lockheart was convicted in 1985 of stabbing a Davenport man to death. Now she will be re sentenced.
For 27 years the family of Floyd Brown has feared any chance of his killers being freed from prison. The 79-year-old was found bound and stabbed 13 times in his Davenport home in February 1985. All of that is resurfacing as one of his convicted killers will head for re sentencing and prosecutors aren't sure exactly the process and what could happen.
"Shock, anger, and disbelief. Just complete disbelief," said Rene Oakley. Oakley's teenage friend, turned her grandfather's murderer, was put behind bars for life for a crime committed at age 17. Now, thanks to the recent Supreme Court ruling, Christine Lockheart will have another day in the courtroom. "It's unbelievable. I can't believe, I don't care how old these kids were, they were old enough to know what they were doing," said Oakley.
Oakley's worst fear is that a re sentencing could bring Lockheart one step closer to stepping out of prison. Lockheart has applied to the state parole board for clemency in the past. "She tried everything. She tried everything she possibly can. She even tried writing me," added Oakley, "Frightens me not just for my family but for anybody anywhere she goes."
Just last month the other person convicted in her grandfather's murder died in prison. Rick Dwayne Nebinger, Lockheart's boyfriend at the time of the murder, was serving a life sentence and died of stomach cancer.
As for Lockheart, she will be re sentenced in Scott County. Attorney Mike Walton says he's unsure of the how the process will work. "This is brand new so it's hard to say all the alternatives out there. I think at this point there's basically two. That is a life sentence with parole or a life sentence without parole," said Walton.
Oakley still fears she'll have to fight for her grandfather's justice all over again, but she says she'll fight for nothing less. "I'm losing a little bit of hope over this but I'm not going to give up. You're ruining families. That's cruel and unusual punishment. Them being in jail for it is justice," added Oakley.
A new sentencing hearing date for Lockheart has not be set.
The Iowa Court of Appeals also tossed a sentence from a 1998 murder case out of Polk County.
