MANCHESTER, Iowa — Attorneys will argue next month if a Manchester man recently found guilty of trying to kill his ex-girlfriend more than a decade ago should be tried yet again.

Robert P. Krogmann, 63, of Manchester, was found guilty of attempted murder and willful injury during a jury trial in August. The trial took place in Black Hawk County after it was moved from Delaware County.

Krogmann’s sentencing hearing recently was moved up a month at the request of attorneys. The hearing will now take place at 2 p.m. Monday, Oct. 4, at the Black Hawk County Courthouse.

Krogmann was on trial again for the March 13, 2009, shooting of his ex-girlfriend, Jean Smith, now 60.

During the trial, prosecutors argued that Krogmann intended to kill Smith after she said she did not want to restart their relationship, while Krogmann’s attorneys argued that his mental health diagnoses “impaired his ability to form specific intent” to kill.

During Krogmann’s sentencing hearing, attorneys will argue about whether Krogmann should receive a new trial.

Krogmann’s attorneys recently filed a motion for a new trial and arrest of judgment, while prosecutors filed a resistance to the motion.

The defense motion included arguments that a couple pieces of evidence should have been admitted in the August trial and heard by the jury.

Krogmann’s post-arrest interview with law enforcement gave the best example of “Krogmann’s mental state at the time,” the defense motion states, and jurors would have better understood his actions.

The state’s resistance to the new trial motion states that Krogmann “has a tendency to over-exaggerate his symptoms” and that his actions during the post-arrest interview were likely due to distress about possibly serving time.

The defense motion also argues that details of the civil settlement between Krogmann and Smith should have been heard at the trial, as it showed Krogmann was not avoiding responsibility for his actions.

The motion alleges that the “timing and amount” of the settlement were the reasons Smith stopped working following the shooting, but the state’s resistance claims that the civil settlement “had no relevance to the facts of the criminal case.”

The documents note that Smith testified she stopped working after the shooting due to continued pain from her injuries.

The August trial was Krogmann’s second stemming from the shooting. He previously had been convicted on the same charges during a 2009 trial and was sentenced to 35 years in prison.

However, the Iowa Supreme Court remanded the case for a new trial, saying Krogmann’s assets were improperly frozen during his initial trial, and, therefore, could not be used by him when putting together his defense.

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