MUSCATINE, Iowa — The Iowa Supreme Court has agreed to review a decision by the Iowa Court of Appeals to overturn the murder conviction of Victor Serrato.
Serrato, of Muscatine, was sentenced to life in prison in May 2008 for the murder of Muscatine’s Miriam “Mimi” Carmona.
In October 2006, Carmona’s pregnant body was found in a ditch in Rock Island County in Illinois, near the Norbert F. Beckey Bridge.
She was strangled and her unborn child died as a result.
Blood found inside a plastic bag found near Carmona’s body matched DNA profiles of Carmona and Serrato.
The Court of Appeals had reversed the murder conviction on June 17, 2009, after finding there was insufficient evidence to prove the murder occurred in Iowa. In cases that straddle neighboring states, there is no double jeopardy. That means Serrato could be tried in Illinois if it’s determined the crime happened there, even though he has already been convicted in Iowa.
The case will be scheduled for briefing and oral argument before the Iowa Supreme Court and the process will likely take several months, according to the Muscatine County Attorney’s Office.
Edgardo Serrato, Victor Serrato’s brother, was sentenced to one year in jail in April 2008 for obstruction of prosecution in his role in covering up the murder of Carmona. Edgardo Serrato’s sentence was also overturned after an appeal. By the time of sentencing, Edgardo Serrato had already served about 17 months in the Muscatine County Jail. Both Edgardo Serrato and Victor Serrato are illegal immigrants and the County Attorney’s Office said that Edgardo Serrato was likely deported after being released from jail.
Victor Serrato is still in custody.
Posted in Local on Tuesday, September 1, 2009 12:00 am
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