State of Iowa v. Wendell Karl Harrington
CourtCourt of Appeals of Iowa
Date FiledNovember 4, 2026
Docket25-1334
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
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No. 25-1334
Filed November 4, 2026
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State of Iowa,
Plaintiff–Appellee,
v.
Wendell Karl Harrington,
Defendant–Appellant.
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Appeal from the Iowa District Court for Polk County,
The Honorable Sarah Crane (continuance), and The Honorable David
Nelmark (trial and sentencing), Judges.
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AFFIRMED
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Erin M. Carr of Carr Law Firm, P.L.C., Des Moines, attorney for appellant.
Brenna Bird, Attorney General, and Tessa Register, Assistant Attorney
General, attorneys for appellee.
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Considered without oral argument
by Greer, P.J., and Badding and Sandy, JJ.
Opinion by Badding, J.
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BADDING, Judge.
Two homes in Des Moines were burglarized early one morning in June
2024. The owners were gone. But a security system inside one of the homes
caught the intruder on camera. Witnesses who were shown the surveillance
videos later identified him as Wendell Harrington.
Harrington was charged with two counts of third-degree burglary. At
his jury trial on the charges, Harrington claimed the man on the videos was
not him, testifying “it doesn’t look like me to me.” Rejecting that defense,
the jury found Harrington guilty of third-degree burglary for the intrusion
into the home with the camera and guilty of trespass for the break-in at the
next-door neighbor’s house.1
Harrington appeals, claiming the district court abused its discretion by
denying his request to continue the trial so that he could find an expert on
eyewitness identification and cross-racial identification. Harrington also
claims the jury’s verdicts were inconsistent, the burglary verdict was
contrary to the weight of the evidence, and the court abused its discretion by
sentencing him to prison for the burglary conviction. We affirm.
I. Expert Testimony
Ten days before his jury trial—and without waiving his ninety-day
right to a speedy trial—Harrington filed a motion to continue, arguing that
he needed “additional time to investigate and attempt to retain an expert in
cross-racial identification.” The State resisted the motion, asserting that
although its witnesses who identified Harrington from the videos were white
1
Harrington was also charged with operating a motor vehicle without the owner’s
consent for a truck that was taken from one of the homes. The jury was hung on that
charge, which was later dismissed by the State.
2
and Harrington was not, there was no need for an expert because “[w]e
literally have a video . . . of the defendant inside the home.” The district court
denied the motion because “this trial date’s been set, defense has been aware
of that trial date,” and no expert witness was identified. Harrington renewed
the motion at the start of the trial and again through a motion for new trial
after the jury’s guilty verdicts. The court denied those motions too.
Harrington challenges these discretionary rulings on appeal. See State
v. Artzer, 609 N.W.2d 526, 529 (Iowa 2000) (reviewing motion to continue
for an abuse of discretion); State v. Pirie, 18 N.W.3d 238, 247 (Iowa 2025)
(reviewing motion for new trial for an abuse of discretion). He contends the
State’s case against him “turned primarily on eyewitness identification,
particularly cross-racial identification.” Emphasizing the potential for error
that exists with that type of evidence,2 Harrington argues that forcing him to
proceed to trial without expert testimony “to educate the jury on well-
documented flaws in eyewitness identification” materially impaired his
defense.
We reject Harrington’s claim for two reasons. First, as the State points
out, it rests on a false premise. The witnesses who identified Harrington were
not eyewitnesses to his crimes. See Eyewitness, Black’s Law Dictionary (12th
ed. 2024) (“Someone who personally sees an event.”); see also Hamilton v.
Becker, 86 N.W.2d 142, 144 (Iowa 1957) (noting an eyewitness is “[a] person
who could testify as to what he had seen” (citation omitted)). Instead, they
knew Harrington and recognized him after being shown the surveillance
2
See State v. Kepner, 27 N.W.3d 545, 548 (Iowa 2025) (noting that “ʻmistaken
eyewitness identification’ is ʻthe primary cause for the conviction of innocent people in
our criminal justice system’” (citation omitted)); State v. Doolin, 942 N.W.2d 500, 524
(Iowa 2020) (Appel, J., dissenting) (observing that “cross-racial identification is subject
to a higher rate of error”).
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videos.3 Thus, there was no need for an expert to warn the jury about
common misconceptions surrounding eyewitness identifications. See State v.
Kepner, 27 N.W.3d 545, 556 (Iowa 2025) (discussing those misconceptions).
The jury was shown the videos throughout trial and given them to review
during deliberations. As the State argues, the “jurors could rewind, pause,
and rewatch the videos as often as they needed until they were convinced, or
unconvinced, of Harrington’s identity.”
Second, Harrington did not have an expert witness secured or even
identified. While there was still time left before the speedy-trial deadline
expired, the district court’s “proximity to the trial process” placed it in a
better position than us “to make a determination in accordance with
demands of justice.” State v. Grimme, 338 N.W.2d 142, 144 (Iowa 1983)
(citation omitted). We will not interfere with the court’s “very broad”
discretion to grant or deny a continuance “unless it clearly appears that the
trial court has abused its discretion, and an injustice has resulted therefrom.”
Id. (citation omitted). Harrington has not met that burden with his
generalized complaints about a hypothetical expert. We accordingly affirm
the court’s rulings denying Harrington’s motions to continue and for a new
trial.
II. Inconsistent Verdicts
Harrington next claims the jury’s verdicts finding him guilty of
“burglary as to one residence” but “trespassing as to another” were
inconsistent because the evidence for “both of them was largely the same.”
3
One witness was Harrington’s parole officer, who had regular, in-person
meetings with him for more than a year before the burglaries. The other was a detective
who had interviewed Harrington about a stolen vehicle the month before the burglaries.
Both were familiar with Harrington and able to identify his facial features.
4
The State contests error preservation and contends the claim also fails on its
merits. We agree on both fronts.
Harrington raised the inconsistent-verdict claim in his combined
motion for new trial and in arrest of judgment. But that motion was made
after the jury was discharged. In State v. Totaye, we held that
to pursue an inconsistent-verdicts claim on appeal, a criminal defendant
must timely raise the objection before the district court discharges the jury,
such that the jury is able to reconsider the verdict as contemplated by Iowa
Rule of Criminal Procedure 2.22(6) or the trial court may grant a new trial
before jeopardy precludes it.
No. 22-1169, 2024 WL 3518074, at *10 (Iowa Ct. App. July 24, 2024).
Because Harrington did not raise his objection to the verdicts before the jury
was discharged, he did not preserve error on this claim.
Even if Harrington had preserved error, we would affirm on the merits.
The test to be applied in examining jury verdicts for inconsistency “is
whether the verdict is so logically and legally inconsistent as to be
irreconcilable within the context of the case.” State v. Montgomery, 966
N.W.2d 641, 651 (Iowa 2021) (citation omitted). In denying Harrington’s
claim, the district court found “that the evidence [from] the two residences
was different.” As the court noted, the jury found Harrington guilty of
burglary for the residence that caught him on camera inside the home. The
other residence lacked video footage, and defense counsel impeached that
homeowner’s testimony on cross-examination. Given the different evidence
on the two counts, the verdicts are not irreconcilable. See State v. Leon,
No. 23-1988, 2025 WL 548694, at *2–3 (Iowa Ct. App. Feb. 19, 2025)
(rejecting inconsistent-verdict claim in a case with “multiple counts and
multiple acts” covering “different times and different places”).
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III. Weight of the Evidence
Returning to his complaint about the lack of expert testimony on
eyewitness and cross-racial identification, Harrington claims the jury’s
burglary verdict was contrary to the weight of the evidence. He again asserts
the “State’s case rested almost entirely on eyewitness identification,”
pointing out there was no forensic or physical evidence tying him to the
burglary. But, as the district court found in denying Harrington’s new trial
motion, there were videos of the burglary.
“This is not a case where the evidence supporting the verdict was so
scanty and the evidence opposing it was so compelling that the verdict must
be considered contrary to the weight of the evidence.” State v. Gilmore,
No. 11-0858, 2012 WL 3589810, at *6 (Iowa Ct. App. Aug. 22, 2012). The
district court did not abuse its wide discretion in denying Harrington’s
motion. See State v. Ellis, 578 N.W.2d 655, 659 (Iowa 1998).
IV. Sentence
Harrington finally asserts the district court abused its discretion in
sentencing him to prison for the burglary conviction. He contends the court
failed to give appropriate weight to mitigating factors, including his age,
family circumstances, employment circumstances, and substance-use issues.
The district court considered those factors but found they were
outweighed by the need to protect the public. That decision “is cloaked with
a strong presumption in its favor, and will only be overturned for an abuse of
discretion or the consideration of inappropriate matters.” State v. Damme,
944 N.W.2d 98, 105–06 (Iowa 2020) (citation omitted). We will not reweigh
the factors on appeal or second-guess the sentencing court’s decision. Id. at
106. Instead, the only question before us is whether the court’s discretion
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“was exercised on grounds or for reasons that were clearly untenable or
unreasonable.” Id. (citation omitted).
Harrington has a forty-year career as a burglar, with past stints in
prison and on probation. The district court cited that history in sentencing
Harrington to prison, explaining that it needed
to consider the dual goals of protecting the public [while] also giving Mr.
Harrington the maximum opportunity for rehabilitation. The Court has
heard Mr. Harrington’s remarks as to the ineffectiveness of prison and
rehabilitating him and curing his addiction. The Court believes that factor
is essentially a wash in that prison hasn’t worked for rehabilitation but
neither has probation. He has been unsuccessful on that twice in the past,
the Court notes that he was on parole at the time of the incident offense.
As for the second factor in protecting the public, what we know is
that while Mr. Harrington is in prison, he cannot burglarize and victimize
people, but when he has been given the chance to be out, he has victimized
people.
Harrington’s argument essentially asks us to reweigh the mitigating
factors—a task we cannot do. Id.; see also State v. Gordon, 998 N.W.2d 859,
863 (Iowa 2023) (“The test for whether a sentencing court abused its
discretion is not whether we might have weighed the various factors
differently.”). He may believe the record justified a more lenient sentence,
but “it is equally clear under our standard of review that the district court
was justified in imposing incarceration.” State v. Formaro, 638 N.W.2d 720,
725 (Iowa 2002). We find no abuse of discretion and affirm Harrington’s
sentence.
AFFIRMED.
7