The girl suffered pain, cuts, bruising, swelling and a concussion. Todd Robert Hicks pleaded guilty in January to six counts of second-degree sexual abuse and three counts of sexual exploitation of a minor. In a call with reporters after the hearing, Im said that abortion laws in Iowa are still subject to the "undue burden" standard, an intermediate level of scrutiny focusing on whether a law excessively limits a woman's ability to obtain an abortion. Cloudy. Jared Clinton sued over a 2019 stop by police who couldn't read his temporary tags. Take Note: We are currently in the process of upgrading to a new crime mapping and records system. Schandevel said laws restricting abortion should instead be considered under the most permissive legal threshold, known as "rational basis." Its important for the media and therefore the people of Iowa to receive this important information in a timely manner, especially during a public health crisis.. Six of the seven Iowa Supreme Court justices heard arguments in a packed chamber on Tuesday morning. Even if there was such a time limit, she contended, it would not apply to her as head of the executive branch since the courts lack authority to decide "political questions" such as how the governor's staff prioritizes its duties. Police arrested an 18-year-old student at Ames High School Friday after he allegedly brought a loaded gun to school. "Each of you, remember back to March of last year, how scary your world wasthe fear, the chaos, the isolation that we all felt in the early days of the pandemic," Eimermann said. 2023 www.desmoinesregister.com. "Since the U.S. Supreme Court overturned Roe v. Wade, decision-making power has been returned to the states," she said. Des Moines, IA 50309. A district court judge ruled in December that the permanent injunction on the law would remain in place. Des Moines Register Even Michelle Boat's attorneys admit there is overwhelming evidence she killed Tracy Mondabough in May 2018. Allegations that Patrick Knueven was curt and rude to nonwhite home-seekers do not amount to housing discrimination, the justices rule. 0:05. He can be contacted at wrmorris2@registermedia.com , 715-573-8166 or on Twitter at @DMRMorris . "As the Court says, condoning an unlimited delay in government response would hamper the free and open examination of public records. That's the new federal standard after the U.S. Supreme Court's Dobbs decision last summer. Reporting at a protest scene as a working member of the media is not a crime. Even when Pott-Pepperman billed for fewer than 24 hours of work a day during this time period, the latest lawsuit alleges he still claimed services to federal insurance at "an implausible volume," often totaling between 12 and 18 hours. They also asked the court to order the governor to turn over the requested records and refrain from future delays. William Morris covers courts for the Des Moines Register. Eimermann said that, after the case is presented, Boat should be held accountable for Mondabough's death. The federal sentence will be served concurrently with the state term, which means, in effect, that she will spend more time in prison, according to Richard D. Westphal, acting U.S. attorney for the Southern District of Iowa. Pott-Pepperman's psychology license is still active, according to the Iowa Department of Public Health Bureau of Professional Licensure. More: Can Iowa's new laws targeting transgender kids survive potential lawsuits? Report a Crime Training Opportunities View Forfeiture Auctions . Your California Privacy Rights / Privacy Policy. While we disagree that this lawsuit should continue, my office has eliminated the backlog of open records requests and is committed to upholding our responsibility to respond to any new requests in a timely manner.. Kim Reynolds sat in the front row of the courtroom, directly behind her lawyers. Belin, of Bleeding Heartland, said in a statement released by the ACLU that Reynolds' actions set a bad standard for the rest of state government. Boyfriend, daughter mourn woman who died in Pella stabbing, Records show Iowa woman's actions leading up to stabbing death of her husband's girlfriend, Nick told the Des Moines Register after the stabbing, Your California Privacy Rights/Privacy Policy. A lawsuit accusing Gov. Democrats on Tuesday criticized Reynolds for her efforts to revive the law and restrict abortion. Criminal complaints state that the messages showed "clear and concise grooming activity" and that conversations which took place through their private email accounts contained "more direct sexual overtones.". Des Moines Register. Follow her on Twitter at@katie_akin. The decision came in a lawsuit filed in December 2021 by three plaintiffs represented by the American Civil Liberties Union, who accused Reynolds' office of "stonewalling" public records requests, in some cases for more than a year. 20 GOP lawmakers file bill to ban all Iowa abortions. Includes Dallas, Guthrie, Madison, Polk, and Warren Counties. Ankeny police identify driver killed after car crashed into home, Iowa Supreme Court sides with Des Moines landlord accused of housing discrimination, Driver dies after car crashes into Ankeny home, catches fire, Attorney says Starts Right Here murder suspect can exonerate co-defendant at trial, Driver going more than 100 mph causes fatal crash in Story County on Wednesday night, 25-year-old dies from gunshot near downtown Des Moines, Witness in Starts Right Here shooting will not face charges, police say, Does Iowa have enough lawyers? The aim is to make citizens aware of the happenings in their neighborhood and aid in crime prevention. Bull told the jury repeatedly that Boat was "scorned, seething and obsessed" after her husband left her, and said the evidence will not only show Boat killed Mondabough, but that she did it with careful planning, including obtaining latex gloves and following her around Pella in her car before the attack. Justice Dana Oxley was not present. Your chance of being a victim of violent crime in Des Moines is 1 in 158 and property crime is 1 in 31. The Alliance Defending Freedom has also been a proponent of laws to ban gender-affirming treatment for transgender minors. DMPD Weekly Crime Blotter. William Morris, Stephen Gruber-Miller and USA Today contributed reporting. Shay . Unsolved Iowa murders: A look at infamous cases in the state. "While we await the Iowa Supreme Court ruling, Iowans should know that abortion in Iowa is still legal today, and Iowa House Democrats will never stop fighting to protect reproductive freedom," House Minority Leader Jennifer Konfrst, D-Windsor Heights, said in a statement. But then their plans got derailed when American Airlines lost their wheelchairs. It is not clear, from online court records, whether the defense intends to present any witnesses. The data shows the number of reports for the following types of crime: murder, rape, robbery, aggravated assault, burglary, larceny, auto theft. Pott-Pepperman commonly submitted Medicare and Medicaid claims for six hours of neuropsychological testing and two hours of psychological testing from 2012 through 2019, according to the lawsuit. Police arrested Kristen Gantt, 36, on Friday on two counts of sexual exploitation by a school employee. Less than an hour later in the city of Clive, just west of Des Moines, Ms. Poole Franklin was driving near a junior high school. On Oct. 28, 2014, he allegedly signed 12 fraudulent claims for services provided to the Kennybrook Village nursing facility in Grimes. A search warrant filed prior to the teacher's arrest showed police obtained communications between her and the student that appeared flirtatious and personal. Authorities allege Gantt, who was employed as an English teacher at Dowling in West Des Moines, engaged in an inappropriate sexual relationship with a 17-year-old student in her class. ", The court also addressed Reynolds' argument that suing her office raises constitutional concerns. It said that is a political question that's beyond the Supreme Court's jurisdiction. Republican lawmakers passed the so-called "fetal heartbeat" law in 2018. In the interim, abortion laws in Iowa and nationwide have been shaken by a string of recent court decisions. The Des Moines Police Department provides the public access to weekly crime blotter reports. Essence Welch of Des Moines sued the city in June 2020, just weeks after . View Crime Blotter . The Alliance Defending Freedom filed the lawsuit against mifepristone use in Texas. "An interpretation that condones unlimited delay would hamper the 'free and open examination of public records.'". Im argued that the law was unconstitutional when it was passed in 2018, and therefore is legally void. Lawyers representing the state argued Tuesday that the law should be allowed to take effect since the courts have now ruled that neither the Iowa Constitution nor the U.S. Constitution guarantees the right to abortion. Each of the physical encounters occurred in Gantt's classroom after the school day had ended, according to the complaint. He can be contacted at wrmorris2@registermedia.com , 715-573-8166 or on Twitter at @DMRMorris . 0:06. ", Iowa Capitol Press Association President Erin Murphy, the Des Moines bureau chief for the Cedar Rapids Gazette, called the ruling a victory for all Iowans. "Because of the strange procedural posture of the case, because this case was decided under a different (legal) standard and then the next time the issues were live was a motion to dissolve (the injunction), there are claims in this case that haven't even been litigated at all," Im told the court. Anyone can read what you share. The initial outbreak of the COVID-19 pandemic consumed every aspect of our daily lives, and accordingly my office shifted its entire focus to help Iowans navigate that difficult period," she said. William Morris covers courts for the Des Moines Register. All rights reserved. In response, Gov. Gogerty ruled the six-week ban would be an undue burden on women and thus remains unconstitutional. "Although we overrule (the 2018 decision), and thus reject the proposition that there is a fundamental right to an abortion in Iowas constitution subjecting abortion regulation to strict scrutiny, we do not at this time decide what constitutional standard should replace it," Mansfield wrote in the majority opinion. All rights reserved. Police officers are shown arresting Des Moines . As a part of her top-down, bottom-up audit of victim assistance, Attorney General Bird is carefully evaluating whether this is an appropriate use of public funds," Bird's Press Secretary Alyssa Brouillet said in a statement to the Des Moines Register. "When the prior law was adopted, it was clear that it would be unconstitutional as soon as it was adopted," Mansfield said. Will the Iowa Supreme Court allow a 6-week abortion ban? "When it comes to continuing to provide medication abortion, PP health centers in whatever states end up being affected are certainly prepared to move to a misoprostol-only regimen," Stilwell told reporters. 42 Weather. Both Gantt and the student acknowledged in these interviews that Gantt was the student's teacher and that they communicated via email about personal matters, but they both denied at the time that the communications were inappropriate, according to the warrant. 42-year-old Brian Kirkman hit 57-year-old James Deal with his car in the 9600 block of Raccoon . Kim Reynolds asked the state courts to lift their injunction so the 6-week abortion ban could take effect. There, she saw a 14-year-old girl walking on the sidewalk who she believed to be Mexican. That aligns with the December decision from District Court Judge Celene Gogerty, who deferred to the Iowa Supreme Court's 2015 decision dictating that courts should use the undue burden standard. He does not have an attorney listed in the court file. 2023 www.desmoinesregister.com. Police arrested Kristen Gantt, 36, on Friday on two counts of sexual . Community comparison of crime in America: Des Moines-West Des Moines, IA Metro Area (2020) This interactive graphic dissects numbers from the FBI's Uniform Crime Report for metropolitan areas. 0:42. West Des Moines district settles lawsuit alleging student permanently injured in gym class, Your California Privacy Rights / Privacy Policy. Severe Weather There is currently 1 active weather alert. 1:09. Kirkman has a previous OWI conviction stemming from a 2010 incident, according to court records. He toasted the end of the school year with colleagues at a bar. Gov. The child, a 12-year-old Black boy, suffered pain, cuts, bruising and swelling, according to the plea agreement. Lawyers for Reynolds argued that the courts have the power to undo the 2018 injunction and allow the law to go into effect. When Harlee Drury's plane landed at a Houston airport terminal in September, her wheelchair wasn't . He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. . The Iowa Supreme Court ruled last summer that the state constitution does not protect a fundamental right to an abortion, and the U.S. Supreme Court overturned the landmark Roe v. Wade case. "An effective democracy is transparent and responsive to its people. . William Morris covers courts for the Des Moines Register. She drove the Jeep over the curb, onto the sidewalk, toward both minors and struck one of them, it said. Two friends were excited for their trip to see Lady Gaga in concert. Please check back here in the coming months for additional information about our new crime data website. 0:42. As a result, he repaid $597.39 in overbilling, according to the lawsuit. 1:08. City of Des Moines, WA. Did an Iowa educator's drinking after the last day of school put his daughter at risk? "While not required by Iowa law, the victim compensation fund has previously paid for Plan B and abortions. The Ames Police Department responded to . Justice Christopher McDonald peppered Im with questions about what it means for a law to be void and whether that prevents the court from reconsidering it later. But ACLU of Iowa attorney Thomas Story said in a statement that the pandemic also raised matters of "great importance" on which the public was entitled to answers. The student denied having a physical relationship with Gantt and denied having contact with her outside of school, according to the warrant. Her office did not respond to a request for comment. Nothing can be more devastating to the American dream of equal rights than what Ms. Poole Franklin did when she drove her car into the young victims, Mr. Westphal wrote in a sentencing memo. Phone: 206-878-4595. In her appeal, Reynolds argued not only that the case is now moot, but that Iowa's public records law does not set any timeliness requirement for responding to requests. Teens could work more hours, serve alcohol under bill passed by Senate, Iowa Senate passes $5M cap on pain and suffering in trucking lawsuits, Iowa Senate passes bill boosting sentences for manufacturing fentanyl. Reynolds' office issued a statement responding to the ruling, saying the delays in fulfilling records requests were a result of the COVID-19 pandemic, with which her office was preoccupied at the time. He arrived at his pickup corner around 5:15 a.m., collected his bundles from the delivery van driver, and sat down to start folding them. Despite these warning signs, the . Boat, 56, of Pella is charged with first-degree murder in the stabbing death of Mondabough, 47, who was dating Boat's estranged husband at the time. The window on the door is shown to be covered up by a piece of paper, according to the warrant. Can Iowa's new laws targeting transgender kids survive potential lawsuits? Johnny Dale said he was frustrated and trying to get his girlfriend's 4-month-old son to sleep by bouncing him on an air mattress. Courts blocked that law from ever taking effect. Attorneys for Planned Parenthood and the state made their cases Tuesday in oral arguments before the Iowa Supreme Court, which must decide whether a law banning abortions after six . The court's decision in Tuesday's case may offer clarity on the legal standard for abortion laws in Iowa going forward. blocked that law from ever taking effect. Katie Akin is a politics reporter for the Register. Even Michelle Boat's attorneys admit there is overwhelming evidence she killed Tracy Mondabough in May 2018. When reached by phone Thursday, Pott-Pepperman said he doesn't know "anything about" the lawsuit and hung up. This interactive graphic dissects numbers from the FBIs Uniform Crime Report for metropolitan areas. Both men faced multiple charges for tracking a woman Steve McFadden was involved with, other alleged offenses. 0:02. Iowa ranks 43rd in lawyers per capita, which adds to challenges in indigent defense and legal services in rural areas, Deborah Enix-Ross says. Browser-Friendly feed by FeedBlitz RSS Services, the premium FeedBurner alternative. Project CommUNITY. A lawsuit accusing Gov. The lawsuit also cites video evidence from a nursing home in Granger from February through May of 2019 that allegedly shows he "consistently left the facility earlier than reflected in his patient notes.". Des Moines police have taken another loss in a lawsuit alleging misconduct by officers during protests in 2020. The legal landscape for abortion has changed significantly over the last several years. 0:05. The lawsuit claims Pott-Pepperman submitted at least 101 false claims at that facility alone. In its decision Friday, the court with all participating justices joining Justice David May's opinion found that Reynolds' failure to respond to numerous records requests, or even to affirmatively deny them, violated both the letter and the intent of the Legislature's open records law. "But the state will not have met its burden to prove beyond a reasonable doubt that what happened on May 18, 2020, was first-degree murder. Des Moines Register. The woman, Nicole Poole Franklin, 43 of Des Moines, Iowa, had already been sentenced in May to 25 years in prison on state charges of attempted murder in the attacks. Journalists Laura Belin of the Bleeding Heartland politics blog and Clark Kauffman of the Iowa Capital Dispatch, along with Iowa Freedom of Information Council Executive Director Randy Evans, asked the court to find Reynolds' office in violation of Iowa's public records law. Over the past 30 years, about 1 in 3 Iowa homicides has gone unsolved, and there have been hundreds of other unsolved killings since Iowa became a state in 1846. But the judge declined, and Reynolds appealed to the Iowa Supreme Court. Ms. Poole Franklin drove off and was arrested by the police later that day, according to a statement from the Clive Police Department. According to Nick Boat, Michelle's husband andMondabough's boyfriend, the couple met after she accidentally sent him a "friend request"on Facebook in February 2020. District judges deal with privilege questions all the time, he wrote, and "we trust that they will do so if such issues arise in this case or others like it.". The court rejected the governor's claim that requiring her to respond to public records requests in a timely way would infringe on executive privilege. Reach her atkakin@registermedia.comor at 410-340-3440. American Bar Association president says it could use more. 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