Murder

Iowa Murder, Voluntary Manslaughter, Involuntary Manslaughter and Vehicular Homicide Attorney

While a prosecutor from 1977-1980, Attorney Peter W. Berger went right into trying serious cases, after having been a law clerk there since December of 1975. Soon, Attorney Berger handled all sex crimes and was assigned to the Major Offense Bureau. In one Sexual Abuse trial, for the first time in Polk County, Mr. Berger prosecuted three defendants simultaneously in State vs. Addock et. al, which resulted in three convictions as charged. After four years with the Polk County Attorney's Office, as a law clerk then prosecutor, Attorney Peter Berger returned from private law practice as a special prosecutor in four cases. They included the prosecution of two defendants in the separated trials of State v. Doris Wolfe, and State v. Lane Wolfe. The first defendant went to trial in Polk County, and was the first televised murder trial in Iowa. The second defendant was tried in Council Bluffs on a change of venue. Both cases resulted in convictions as charged. After serving as a special prosecutor, Mr. Berger focused his full attention to private trial practice. Soon after that, Mr. Berger successfully defended a police officer who was charged with Manslaughter in State vs. O'Leary. An example of another case was the successful defense in State vs. Breese where Mr. Breese was found not guilty of manslaughter for shooting and killing an individual who had come to his house asking for a reward for his stolen wallet.  The State claimed Mr. Breese shot him in the back. Since that time, Mr. Berger has defended or been otherwise involved as a consultant in numerous other violent crime defenses including Murder and Kidnapping. The latest case was the televised First Degree Murder trial of State v. McGee, where the jury returned a lesser verdict than what was originally charged by the prosecutors. You can refer to some of the following TV coverage, first after opening statements: http://www.kcci.com/news/6403522/detail.html  then when Mr. McGee's roomate testified: http://www.kcci.com/news/6441595/detail.html  and also when the defense forensic psychiatrist, Dr. Logan testifed as to the insanity defense: http://www.kcci.com/news/6469169/detail.html

Voluntary Manslaughter, Involuntary Manslaughter, and Vehicular Homicide are all types of cases Mr. Berger has prosecuted and defended. Vehhicular Homicide usually results from reckless driving or intoxication resulting in death to another driver or pedestrian. Voluntary Manslaughter is usually characterized as a "heat of passion killing" that is not legally justified, whereas Involuntary Manslaughter usually arises out of a violation of law that results in an unintentional death of another person. Frequently, when First Degree Murder is charged by the prosecutor, or that is the grand jury indictment, there are plea discussions/negotiations. In either event, the other less serious charges (which sometimes qualify as lesser included offenses) such as Second Degree Murder, Voluntary Manslaughter, Involuntary Manslaughter are considered and each client makes their own fully informed decision, with Mr. Berger's advice as to how best to proceed, and whether to go forward with trial by jury.