FORT DODGE — An Appeals Court has affirmed Joshua Pendleton’s convictions for the murder and robbery of the Rev. Al Henderson, of Fort Dodge.

In a 16-page ruling filed on Wednesday, the Iowa Court of Appeals found that Pendleton’s rights were not violated when a District Court judge declined to suppress some statements he made to investigators prior to and following his arrest, and that there was sufficient evidence to support both theories of first-degree murder that the prosecution presented to the jury.

The oral arguments for Pendleton’s appeal were presented to the appeals court on Dec. 6.

Pendleton was convicted in April 2021 of the October 2019 murder of Henderson outside of St. Paul Lutheran Church in Fort Dodge. He was charged with first-degree murder and first-degree robbery for the theft of Henderson’s cell phone during the fatal assault.

Prior to trial, Pendleton’s defense motioned to suppress all statements the defendant made to law enforcement the day of the offense and arrest. Following a hearing, then-District Court Judge Gina Badding ruled that most of the statements Pendleton made to officers were admissible, except for some comments he made to then-Detective Larry Hedlund prior to signing a waiver of his Miranda rights.

On appeal, Pendleton argued that his Miranda waiver was involuntary because he was having hallucinations due to untreated schizophrenia.

“What’s not clear cut is the effect of Pendleton’s schizophrenia on his ability to waive Miranda and answer the detective’s questions,” Appeals Court Judge Mary Tabor wrote in the court’s opinion.

The ruling notes that while Pendleton had been acting oddly that night — including talking in a Russian accent — he remained calm and cooperative with authorities and pointed out a logical inconsistency in the Miranda waiver..

“Even if he were experiencing symptoms of schizophrenia, Pendleton’s demeanor and discussion showed he understood his Miranda rights and made a voluntary waiver,” Tabor wrote.

During the interview with Hedlund, after Pendleton invoked his right to counsel, Hedlund asked if he could take a photo of the defendant’s hands. Pendleton initially agreed, but then changed his mind and said he wanted to wait for a lawyer.

“This exchange shows Pendleton understood his rights and knew how to invoke them, bolstering the inference that he knowingly and voluntarily waived them earlier,” Tabor wrote.

Also in his appeal, Pendleton challenged a state law, which was enacted in 2019 and disallows an appellate court to reverse a general verdict “on the basis of a defective or insufficient theory if one or more of the theories presented … is sufficient to sustain the verdict on at least one count.”

Pendleton had also been charged with first-degree robbery for the theft of Henderson’s cell phone. His defense, and later appellate, attorneys argued that he didn’t take the phone with the intent to deprive Henderson of the property, and that Pendleton was delusional at the time of the attack and believed it was evidence of a crime

At trial, the jury was instructed “to find Pendleton guilty of first-degree murder if it found that he either ‘acted willfully, deliberately, premeditatedly and with a specific intent to kill’ or ‘was participating in the offense of robbery in the first or second degree.”

The jury returned with a general guilty verdict without specifying which theory — premeditation or during the commission of a robbery — the verdict was based on. Pendleton argued that there was not enough evidence to support the robbery conviction and because of that, there was insufficient evidence to support the forcible felony alternative of first-degree murder. The return of a general verdict, he argued, meant that the jury did not identify which theory alternative it leaned on for its decision.

Pendleton argued that particular state law is unconstitutional because he believes it violates the separation of powers, due process and equal protection.

“But we need not reach those arguments because both alternatives are supported by the record,” Tabor wrote.

“We find no grounds to suppress the challenged statements,” Tabor wrote, affirming the convictions. “And substantial evidence supports both the robbery verdict and the felony-murder theory for first-degree murder.”

Pendleton is serving a life sentence in the Iowa Department of Corrections.