Photo: David Turner Gengler
A date is set for a post conviction relief hearing for a Lakeview man sentenced to 33 years in prison, after entering a no contest plea to charges he bound a woman with duct tape, beat, raped and tortured her. But, the hearing may not happen.
The Rule 37 Petition hearing for 58-year-old David Turner Gengler is set for mid-November.
However, the state has filed a motion attempting to have Gengler’s petition dismissed before the hearing date. Rule 37 Petitions generally allege defense lawyers did not do a good job representing a client.
Gengler claims he is innocent of the charges and did not understand the consequences of entering a no contest plea during a session of Baxter County Circuit Court in mid-November 2018. He contends he did not receive an adequate explanation of the plea from his attorney. In the state’s motion, Gengler’s accusation is refuted. It is contended Gengler’s defense attorney met with him at length going over the details of the plea and the punishment he might receive before he appeared in court.
Gengler is an inmate in the Grimes Unit of the state prison system at Newport. His parole eligibility date is June 29, 2039, according to Department of Correction records.
In the state’s motion filed July 14, Deputy Prosecutor Christopher Carter contends Gengler’s Rule 37 Petition was not filed within the 90-day period following conviction, as required by law. Carter writes the fact the petition was filed late meant the Baxter County Circuit Court where Gengler entered his plea did not have jurisdiction to hear the petition for post conviction relief.
He calls Gengler’s Rule 37 Petition a “backhanded attempt” to withdraw a guilty plea, which is not a recognized reason for such petitions. The state contends Gengler’s petition “has no credibility and is a continuation of the lies he has perpetrated” since May 24, 2016 when law officers first interviewed him.
Carter contends the matter of the validity of the petition should be decided prior to the scheduled hearing. He said there was little reason for both sides to do the extensive preparation necessary for a Rule 37 hearing that should not have been granted in the first place.
On Nov. 15, 2018, Gengler appeared in court to argue for a hearing on his Rule 37 Petition. In a transcript of the proceeding, Circuit Judge Gordon Webb is recorded as taking note of the fact the petition was filed late. He told Gengler he intended to “ignore” what he termed the “technically” of the late filing and would set a hearing date and appoint a new attorney for Gengler.
The judge said Gengler had written letters to the court indicating he intended to file some type of post conviction relief petition, and he had asked for an extension of time to file the paperwork.
Judge Webb said he recognized for a non-lawyer like Gengler it was not as easy task to comply with all the rules and regulations concerning post conviction relief.
In addition to other issues Gengler claims makes him eligible for post conviction relief, he contends undiagnosed diabetes left him with a high sugar content in his blood that he understands can interfere with “a person’s ability to think straight, comprehend and understand.”
In a letter to Judge Webb written last year Gengler claims his attorney “should never have let me step foot in your courtroom knowing my mental state at the time.”
You can read more about the “Twinkie defense” here.
As is normal procedure, when Gengler entered his no contest plea and was sentenced, Judge Webb meticulously went through a lengthy list of questions before accepting the plea and pronouncing sentence.
Among other things, the judge asked Gengler if he understood what the plea agreement and the sentence he faced by making the plea. Gengler answered in the affirmative. Before pronouncing sentence, the judge asked Gengler if he had any questions about the plea, or wanted to make statements to the court. Gengler turned down the offer.
In the Rule 37 filings, Gengler says he did not commit the crimes for which he was convicted. He wrote he told his lawyer he would never plead guilty to “crimes I did not do” and claimed his lawyer said for him to just say “no contest.”
He said if he had known what no contest meant, he would have refused to accept the plea agreement. He contends he was anxious to go to trial, where he could proclaim his innocence. The state’s recently-filed petition for dismissal of the petition said Gengler had been informed as to what the plea meant and knew exactly what he was doing when he stood in front of Judge Webb the day of sentencing.
Gengler was initially charged with kidnapping and five counts of first-degree battery. Prosecutors then filed the more serious charges of rape and aggravated robbery. Those charges were based on information developed during the investigation that the victim had suffered severe sexual trauma, while being held against her will.
It was also determined money was missing from several locations in the residence. Gengler was alleged to have had a large sum of money in his wallet, when he was booked into the county jail.
Gengler’s problems with the law began when Baxter County sheriff’s deputies responded to a residence along Greenwood Avenue in Lakeview May 24, 2016. They reported finding a badly beaten female on the floor near the front door.
Gengler and the then 57-year-old victim were reported to share the residence.
Baxter County Sheriff John Montgomery said at the time the victim had marks on her wrists and appeared to have been bound for days. She also had numerous other injuries, including what were thought to be cigarette burns.
Investigators reported finding blood splattered on the walls of the house and a large amount of duct tape with hair stuck to it on the bathroom floor. A knife and bloody cigarette butt were also found and taken into evidence.
The victim was able to make a 911 call requesting assistance. According to an incident report filed by the sheriff’s office, the victim asked for an ambulance, but was initially hesitant to say why one was needed. She eventually told the 911 dispatcher, “He will kill me.”
Gengler, who was at the residence when deputies arrived, said the victim was bipolar and “falls all the time.” He denied inflicting the victim’s injuries, holding her against her will or having forced sexual relations with her.
During an interview with the woman at a Springfield hospital where she was taken for treatment of her injuries, she told investigators she had been bound for two or three days. She said Gengler taped her in an upright position and punched, beat and kicked her. The victim said Gengler also choked her and burned her with cigarettes.
According to the victim, her relationship with Gengler began when he moved into her residence in October 2015 to work as a handyman.
Gengler underwent two psychological examinations prior to entering his no contest plea and was found fit to proceed in his cases.
The victim was in court the day Gengler entered his plea and was sentenced. The court’s bailiff stood between the woman and Gengler blocking his view of her.
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