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Supreme Court considers Sioux City case involving the right to call a lawyer

News

February 20th, 2024 by Ric Hanson

(Radio Iowa) – The Iowa Supreme Court is considering a Sioux City case involving the right to talk to a lawyer when you are taken into custody.

The case involves Faron Starr who was taken into custody in 2022 after a stabbing and the alleged theft of guns in a separate break-in. The district court ruled his confession was inadmissible after police refused to let him make a call during questioning. During oral arguments before the Supreme Court Monday evening,

Prosecutor Thomas Ogden told the justices officers didn’t allow Starr’s call as the guns were missing. “We’re talking here about a delay and the delay is justified by the officers making an effort to locate the firearms. I think that if it became clear to them that that effort was not going to bear fruit then the statute would direct them to permit the phone call,” he says. He says there are exceptions for such instances.

Chief Justice Susan Christensen asked how this case was different from other cases. “In your typical shooting law enforcement probably doesn’t have reason to believe that the gun has been abandoned in an area where it represents a threat to public safety,” Ogden says. He says they didn’t know if the guns were left where a child or someone else could get them.

Faron Starr. (Woodbury Cty Jail photo)

Starr’s Attorney Lucas Taylor says his client’s rights were violated. “This case is about police misconduct period. This is not a case about the safety application to the public safety exception,” Taylor says. Taylor says it was six hours before Starr was apprehended. He says there is a very narrow public safety exception, and cited an example of where the exception might be used.

“A situation where we have a suspect who was witnessed with a firearm, who then leads law enforcement on a pursuit that lasts a matter of minutes. And then that suspect is apprehended without a firearm, leading to strong circumstantial evidence that firearm was discarded haphazardly, and where that firearm might be just laying out in public view,” Taylor says. Starr pled not guilty and the case is pending the ruling by the Supreme Court.

The justices will consider the oral arguments and make a ruling at a later day. Starr is currently in jail on an unrelated murder charge.

Report: Cancer cases are rising in Iowa while cancer deaths fall

News

February 20th, 2024 by Ric Hanson

(Radio Iowa) – A new report estimates 21,000 Iowans will be diagnosed with cancer this year, an increase from last year, while the projected number of Iowans who will die from cancer this year is falling. Iowa Cancer Registry director Mary Charlton, a professor of epidemiology at the University of Iowa, says they’re focusing on raising awareness about alcohol-related cancers in this year’s report.

“We’ve seen estimates that only about 40% of the general public know that alcohol is a carcinogen and a risk factor for cancer,” Charlton says. “In Iowa, we rank fourth among all the states in our rates of alcohol-related cancers and we also rank fourth in binge drinking.” While drinking any alcohol can increase one’s cancer risk, she says heavy drinking and binge drinking pose the greatest risks.

For the second straight year, national rankings show Iowa has the second highest rate of new cancer cases in the county, behind only Kentucky. Smoking is a key risk factor and Kentucky’s smoking rate has fallen while Iowa’s rate is rising. Charlton says several other cancers are contributing to the rankings.

Iowa Cancer Registry graphic

“Breast cancer is one of the biggest drivers of our higher rate. Iowa has the ninth highest incidence rate of breast cancer and it’s rising faster here than in most other states,” Charlton says. “Prostate cancer is another one. We have the fourth highest incidence rate among black males and the seventh highest rate among white males, and rates are rising faster here than most other states.”

The report finds Iowa’s cancer mortality rates are dropping slowly, while the state’s number of cancer cases is rising, thanks in large part to early detection screenings and treatments.

“We estimate there’ll be 21,000 new cancers diagnosed among Iowans this year, and that’s an increase of 200 from last year,” Charlton says, “and we estimate that there will be approximately 6,100 cancer deaths among Iowans this year, which is a decrease of 100 from last year.”

Since the registry’s annual report was first published in 1973, Charlton says the number of cancer survivors has grown, with nearly 169-thousand Iowans now having a history of cancer. The most prevalent types of cancer in Iowa are staying steady.

“No, it hasn’t changed from last year. It’s still breast, prostate, lung and colorectal making up roughly half of all cancer cases in Iowa,” Charlton says. “If you add melanoma, that’s the fifth highest, that’s well over half of our cases. In terms of cancer deaths, lung cancer continues to be the most common cause of cancer deaths, accounting for nearly one out of every four cancer deaths in Iowa.”

The annual report allows doctors and researchers to focus on how to prevent and treat cancer, she says, and it provides Iowans with the knowledge they need to get advance screening and improve survival rates across the board.

See the full report here: https://shri.public-health.uiowa.edu/

Bill sets $135 fine for left-lane loitering

News

February 20th, 2024 by Ric Hanson

(Radio Iowa) – The Iowa Senate has passed a that would establish a 135-dollar fine for motorists caught lingering too long in the left hand lane. Senator Mike Klemish of Spillville says under current Iowa law, drivers are to mostly stay in the right hand lane unless they’re passing another vehicle. “Any vehicle driving less than the normal speed of traffic must be driven in the rightmost part of road,” Klemish says. “The bill strengthens these provisions already in Iowa Code by requiring all vehicles to drive in the rightmost lane unless undergoing certain driving procedures.”

That means using the left lane only for passing, to avoid some obstruction in the right hand lane or to take an exit that requires driving in the left lane. The bill passed on a 38 to eight vote. Senator William Dotzler of Waterloo, one of the “no” votes, says it’s aggravating to have a slow moving vehicle in the left lane, but Dotzler says he’s concerned about the safety of bicyclists riding along the side of city streets that have two lanes of traffic in both directions. “If you’ve got a line of cars compressed in one lane, then as a driver you’re looking at the backside of those vehicles and you cannot see a bicyclist on the side of the road,” Dotzler said. “It’s dangerous.”

If the bill becomes law, police and state troopers could issue warnings for left lane loitering during the first 12 months, then the fine would take effect on July 1st of next year. Senators have unanimously passed another bill that would make it a felony to call 9-1-1 and falsely report a mass shooting, a hostage situation or some other allegation that would prompt a massive law enforcement response. They’ve been dubbed “SWATTING” calls — a reference to “Special Weapons and Tactics” of SWAT teams. Officials in Iowa and around the country say SWATTING calls are becoming more frequent.

Iowans between 25 and 35 needed for lung study at UI

News

February 20th, 2024 by Ric Hanson

(Radio Iowa) – Hundreds of Iowa millennials are being asked to volunteer for a new American Lung Association study which will try to determine how lung disease develops, how to catch it earlier, and how to prevent it. Dr. Ravi Kalhan, the study’s principal investigator, says they need Iowans between the ages of 25 and 35. “We’re looking for people who are healthy, young adults, because we think that’s the age at which people achieve peak lung health — that’s as good as it gets for someone who’s healthy and free of lung disease,” Kalhan says. “And then our goal is to really follow them forward and see why some people develop respiratory problems as time goes on and others don’t.”

This is to be the first-ever large-scale lung health study, with about 4,000 people being monitored nationwide at 35 medical centers, including at the University of Iowa Hospitals and Clinics. Initially, Kalhan says those who are picked in Iowa will only need to make one trip to Iowa City. “What we’re asking people to do is make a single visit to get a bunch of tests done,” he says. “Those tests include a breathing test, a lung function test where someone blows hard and fast into a machine and we measure their lung capacity, a CT scan, a CAT scan of their lungs to get a really detailed picture of their lungs, some blood tests, and then also answering a bunch of questionnaires.”

Those questions would cover things like where they’ve lived, what they do for a living, and a family medical history. People would be compensated for their time, but Kalhan notes the big benefit is in a detailed assessment of one’s respiratory health, plus, they get to be a part of something much larger. After that one day of testing at the UI Hospitals, the rest of the contact would be remote, with questionnaires once every six to 12 months.

“And then our hope is, at some point in the future, maybe in three to five years, we’ll bring these people back to one of our centers for another in-person examination,” Kalhan says, “and keep in touch with them to find out how their life goes and whether they develop respiratory problems or not, and to better understand why some people develop lung disease and others don’t.”

To learn more or sign up, visit: Lung.org/LungStudy

Iowan leads national composting board

News

February 20th, 2024 by Ric Hanson

(Radio Iowa) – The program manager at the Iowa Waste Reduction Center run by the University of Northern Iowa is now the president of the United States Composting Council board of directors. Jennifer Trent says the Council works to promote everything from compostable packaging to composting food waste. “The compost growth has been just incredible for the last years and when we had the fertilizer shortage that really propelled compost forward and a lot of these large compost manufacturers even community composters have seen quite a bit of growth and keeping up with it has been difficult,” Trent says. Trent says one projection has the compost industry growing by six-and-half percent by 2027, which equates to nine-point-five BILLION dollars.

She says Iowa has struggled to expand the compost industry here. “In my personal opinion and professional opinion, I think that’s wholly related to regulations that make it really difficult for businesses to grow and thrive,” she says. Trent says state regulations on businesses are permitted by rule and permitted. She says the permitted by rule leaves little room for companies. “You can only compost two tons of food and yard waste in combination per week. And that just simply isn’t enough to create a business and make money,” Trent says. “And so if you want to make money, then you have to become a permitted site. And the cost of that, Oh, my word is prohibitive.” She says they are trying to work with Iowa D-N-R and Department of Agriculture to get the the regulations changed so the compost business can grow in Iowa.

Trent says the compost can be used as a soil conditioner that acts sort of as a fertilizer, and can also be used to filter runoff water. “So that when that material enters into water sources across Iowa, it filters the contaminants, helping to create a greater water quality in rivers, lakes and streams across the state,” she says. There’s also composting on a small level in back yards across Iowa. Trent says this is something that’s also expanding. “Currently, we’re working with a lot of small rural public libraries o’clock across Iowa to provide compost programming. So we are definitely trying to do this. and it is making a huge impact from the first time we started doing this 12 years ago to now I see a huge uptick in the number of people that are interested,” Trent says.

She says people are learning that compost made from leaves and other waste can save them money when it is used in their gardens and yards. And Trent says composting on any level helps keep items from going to the landfill.

Cass County Supervisors approved Water Rescue/Recovery EMSR 28-E agreement

News

February 20th, 2024 by Ric Hanson

(Atlantic, Iowa) – The Cass County Board of Supervisors, today (Tuesday), approved a 28-E agreement for Mutual Aid Fire, Water Rescue/recovery and Emergency Services Response. Kenny Hamman explained the agreement is with regard to the Midwest Regional Dive Team.

He said with the exception of the three (Aformentioned) new entities, the agreement is basically the same as they’ve had before.

Cass County BOS mtg. 2-20-24

The Board received a Zoom presentation from Ryan Berven, with regard to FY 2025 County Employee Benefits. No action was taken after the board received updated information. Berven said he would like to know the Board’s decision by no later than March 1st.

The Supervisors received a monthly report from Cass/Guthrie County Environment Health Executive Director Jotham Arber.

Montgomery County Supervisors approve final plans for H34 overlay project & other items

News

February 20th, 2024 by Ric Hanson

(Red Oak, Iowa) – The Montgomery County Board of Supervisors, today (Tuesday), approved the final plans and funding agreement for the H-34 overlay project, just east of the Red Oak City Limits. They also approved the widening and overlay portion of the H-34 project. The projects are set to go out for letting, in June. Montgomery County Engineer Karen Albert provided the Board with an update on the 250th Street Bridge construction project. 12 beams are being put in-place. The process is currently underway to lay those beams.

Montgomery County BOS mtg. 2-20-24

In other business, the Montgomery County Supervisors approved a Proclamation  with regard to March as Problem Gambling Awareness Month. The request to do so came from Zion Integrated Health Services Addiction Counselor Amanda McCall, who said a majority of the problem gambling addictions she says, is with regard to cell phone apps.

Supervisor Mark Peterson read the proclamation as presented.

The Board opened sealed bids for a DOT project, and heard from Northwest Township resident Jan Norris, with regard to carbon capture pipeline developments. The Montgomery County Supervisor’s next meeting is 8:30-a.m., Tuesday, Feb. 27th.

Mills County Sheriff’s report, 2-20-24: 10 arrests between Feb. 7th & 17th

News

February 20th, 2024 by Ric Hanson

(Glenwood, Iowa) – The Mills County Sheriff’s Office reports 10 arrests were conducted between Feb. 7th and 17th. Two people were arrested on drug charges: On Feb. 11th,  43-year-old Kenneth Wayne Jenkins, of Malvern, was arrested for Possession of Drug Paraphernalia ($300 bond). And, on the 14th, 39-year-old Lucas Paul Jay, of Glenwood, was arrested for Possession of a Controlled Substance (Bond $1,000).

Three people were arrested on warrants for Violation of Probation: 29-year-old Arrington Leondo Blackwell, of Papillion, NE; 19-year-old Logan Patric Hastings, of Red Oak, and 32-year-old Cody Robert Cunningham, of Bellevue, NE. Bond for Blackwell and Hasting was set at $5,000. Cunningham’s bond was set at $10,000.

The Mills County Sheriff’s Office says 20-year-old Gavin Cyrus Susano, of Emerson, was arrested on an Out-of-state warrant. 39-year-old Bree Anne Crotty, of Omaha, was arrested on a Mills County warrant for Failure To Appear, with bond set at $50,000.

Other arrests include: 30-year-old Jamie Allen Hoschar, of Omaha, for OWI/1st offense ($1,000 bond); 28-year-old Robert Mitchell Farley, of Glenwood, for OWI/1st Offense & Interference with Official Acts ($1,300 bond); and 62-year-old Karen Marie Nelson, of Glenwood, for Domestic Abuse Assault. She was being held without bond in the Mills County Jail.

Older teens could briefly be in charge of infants, toddlers in Iowa child care centers

News

February 20th, 2024 by Ric Hanson

(Radio Iowa) – The Iowa House has approved a bill that would let 16 and 17 year olds temporarily be in charge of children under the age of five in child care centers. The original bill would have allowed older teens to manage infants and toddler rooms on their own if there were adults elsewhere in the building. Representative Devon Wood, a Republican from New Market, says the bill now says 16 and 17 year could just briefly be in charge, for five minutes or less, during nap times or other breaks.

“Having been brought this piece of legislation by child care providers in our state and knowing that we have young people in our state that have a passion for learning more about early childhood development and education, I am happy to move this bill forward,” Wood said. A 2022 Iowa law lets 16 and 17 year olds be in charge of care for school aged children in child care centers. Representative Austin Baeth, a Democrat from Des Moines, says he’s heard from child care center operators who don’t want those older teens to be charge of care for younger kids, even for short intervals.

“They have concerns which may leave open a window of opportunity in which those periods of time based on the letter of this bill and what’s construed as brief may lead to situations where you have children watching children,” Baeth said. The bill passed the House on a 55 to 36 vote, but has to win approval in the Senate before it would go to the governor.

Webster City dog owner charged with neglect after 9 animals are seized

News

February 20th, 2024 by Ric Hanson

(Radio Iowa) – Authorities say animal neglect charges are now filed against 63-year-old Dennis Goodrich of Webster City. Police and the Animal Rescue League of Iowa recovered nine dogs from Goodrich’s home last week. Robyn Dobernecker is the animal welfare intervention coordinator for the A-R-L and helped with the rescue. “The conditions were deplorable and so we did remove all nine dogs,” Dobernecker says, “and then Webster City did a great job, of course, in investigating and then charging the owner.” She says there were four adult dogs and five puppies living in a filthy, cramped wire kennel.

(Animal Rescue League of Iowa photo.)

“It certainly was not good for them, obviously,” Dobernecker says. “On top of just the start of it wasn’t a clean environment for them at all. The space that they were kept in was also very small for this number of dogs and the size of the dogs that he had.”

The dogs are being treated at a vet clinic. Goodrich is scheduled for a pretrial conference on the charges next week.