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NW Iowa restaurant owner fighting IRS civil seizure case

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October 28th, 2014 by Ric Hanson

A restaurant owner in northwest Iowa has landed in the national news spotlight over her fight with the federal government. Carole Hinders has operated Mrs. Lady’s Mexican Food in Spirit Lake for 38 years. On May 22nd of last year, she says her life was turned upside down. “I got a knock on the door and it was two IRS agents who informed me they had closed my business bank account and seized all my money, which was almost $33,000,” Hinders said.

Carole Hinders

Carole Hinders

The restaurant only accepts cash, which means Hinders makes frequent trips to the bank to avoid having large sums of money in the business. Larry Salzman is with Institute for Justice, a Washington, DC-based public interest law firm that’s helping Hinders with her case. “Federal law requires banks to report cash deposits greater than $10,000. The federal government used civil forfeiture to seize Carole’s bank account, claiming by making small deposits, she was evading that requirement,” Salzman said. Institute for Justice produced a video telling Hinders’ story.

“It’s been a year from Hell,” Hinders said in the video. “I decided to fight this fight because I didn’t do anything wrong. They took my money and I don’t think they should have the right to do that.” The law firm reports federal law enforcement agencies — using civil forfeiture — can take cash, cars and other property without charging the property owner with a crime.

The 67-year-old Hinders said she received no warning from either her bank or the government before her money was taken. Since then, she’s borrowed money and used credit cards to pay bills and keep her restaurant in business. The New York Times recently featured a story about Hinders’ plight on its front page.

The Institute for Justice analyzed civil forfeiture, or “structuring,” data from the I.R.S., and determined the feds made 639 seizures in 2012, up from 114 in 2005. Only one in five was prosecuted as a criminal structuring case.

(Radio Iowa)

3 incidents at a Clarinda apt. complex results in arrests

News

October 28th, 2014 by Ric Hanson

Two separate incidents at an apartment complex in Clarinda last Friday resulted in two arrests. Clarinda Police report at around 3:10-p.m., Friday,  officers responded to a disturbance at the Timber Creek Apartment Complex. Upon investigation, they arrested 38-year old Chad Jeffery Newberg, of Clarinda, for public intoxication and resisting arrest. Newberg scuffled with the officers as he was being arrested, but the officers did not sustain any injuries. Newberg was transported to the Page County Jail and held in lieu of $300 bail.

At around 6:30-p.m.  Friday, officers responded to another disturbance at the Timber Creek Apartment Complex. The subsequently arrested 19-year old Caleb Ennen, of Clarinda, without incident, for simple misdemeanor trespass. Ennen was transported to the Page County Jail and held in lieu of $300 bail. He was arrested again late Saturday evening at the same apartment complex, on the same charge. Ennen was held again in the Page County Jail, on $300 bond.

Earlier that same evening, Clarinda Police attempted to execute a traffic stop at 12th & Washington Streets. The driver refused to stop and a pursuit ensued. The pursuit was short in duration and subsequently called off. Additional investigation revealed the identity of the driver who was arrested later the same night. A 17 year male juvenile of Clarinda was arrested for driving while revoked and felony eluding of a law enforcement vehicle. The juvenile was released to the custody of a parent pending action by Page County Juvenile Court Services and review of the charges by the Page County Attorney’s Office.

 

Influenza Activity Low in Iowa, but Two Strains Circulating: Vaccination is best defense

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October 28th, 2014 by Ric Hanson

Surveillance by the Iowa Department of Public Health (IDPH) Iowa Influenza Surveillance Network shows while flu activity in the state is slowly increasing and remains low, there already are two strains of the virus circulating. IDPH Medical Director, Dr. Patricia Quinlisk says “This is the perfect time to get your flu vaccination. Identification of two circulating strains by the State Hygienic Lab means that without a flu vaccination, an individual could become ill with the flu two different times.”

This season’s flu vaccines cover three or four strains of flu, depending on which type of vaccine you receive. Quinlisk says the early identification of several flu strains circulating in the state means the upcoming influenza season could be more severe than a typical season. IDPH and the Centers for Disease Control and Prevention (CDC) recommend annual influenza vaccinations for everyone 6 months of age and older. It’s especially important to be vaccinated if you have regular contact with people more vulnerable to the complications of flu, including babies, children with asthma, and the elderly. IDPH also recommends pregnant women be vaccinated to protect themselves, and to pass on some immunity to their baby.

The flu is a serious respiratory illness caused by viruses. The flu comes on suddenly and symptoms may include fever, headache, tiredness, cough, sore throat, nasal congestion, and body aches. Illness typically lasts two to seven days, and often puts healthy people in bed for days. Influenza may cause severe illness or even death in people such as the very young or very old, or those who have underlying health conditions.

Influenza is not a ‘reportable disease’ in Iowa, which means health care providers are not required to notify IDPH each time a patient tests positive for influenza; however, IDPH conducts year-round statewide influenza surveillance through the Iowa Influenza Surveillance Network. This surveillance indicates what types of influenza viruses are circulating and how widespread influenza illness is. For more information about where and what kind of influenza is in Iowa, go to www.idph.state.ia.us/Cade/Influenza.aspx?pg=FluHome.

Contact your health care provider or local health department to find out where the vaccine is available in your community or use the Flu Vaccine Finder at www.flu.gov/.

(Podcast) 8-a.m. KJAN News, 10/28/2014

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October 28th, 2014 by Ric Hanson

With Ric Hanson.

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(Podcast) 7:07-a.m. KJAN area News & funeral report, 10/28/14

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October 28th, 2014 by Ric Hanson

With KJAN News Director Ric Hanson.

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Red Oak woman arrested on MO. Warrant

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October 28th, 2014 by Ric Hanson

A Red Oak woman was arrested Monday afternoon on a warrant out of Missouri for Possession with the Intent to Deliver. Red Oak Police say 25-year old Katie Rose Carnes was taken into custody at around 1:30-p.m. Carnes was being held on $25,000 bond in the Montgomery County Jail while awaiting an initial appearance, and extradition to Missouri.

And, a Red Oak woman was arrested Monday evening on 5th degree theft and trespassing charges. 58-year-old Cindy Jo Cassidy was was being held in the Montgomery County Jail on $600 bond.

College certification added to the Home Base Iowa program for veterans

News

October 28th, 2014 by Ric Hanson

Governor Terry Branstad announced another component of the “Home Base Iowa” program Monday, which allows Iowa colleges and universities become certified to educate veterans in an effort to lure them to the state. Branstad says the schools must follow certain requirements to become a Certified Higher Academic Military Partner or CHAMP. “It will provide a series of on-campus veterans resources, demonstrate an understanding of the transitions that service members need to go through with practical solutions to help them make the change from military life to academic life, and demonstrate an awareness of the financial challenges that transitioning active service members may be experiencing,” Branstad explains.

Three schools, Upper Iowa University in Fayette, Des Moines Area Community College (DMACC) and Mount Mercy College in Cedar Rapids have already become certified for the program. The governor says many more schools have expressed interest and are hoping to become certified.

General Altman

General Altman

Iowa National Guard General Steve Altman says the addition of the certification program for colleges adds to what is already a good program. “I’d like to thank all the institutes of higher education for their efforts in making it really seamless for service members to bring their military transcripts to the state and get the maximum credit for it, allowing them to expedite their transition from schooling and getting degrees, to entering the workplace so much faster,” Altman says. He says CHAMP will get the attention of military members who are leaving the service.

“I believe that the education pillar will be a great boon for all of our service members and it will make Iowa the state of choice as they transition,” Altman says. Homebase Iowa program manager, Kathy Anderson, talks about the things the CHAMP program provides to former service members. “Early registration, all types of things, taking a look at their record to make sure their academic credit transfers,” Anderson says. “All of those things can be really important and really critical for that transition for the military member.” The governor says 495 veterans have been hired since Home Base Iowa was enacted in July. Anderson was asked if those are service members who would have returned to Iowa anyway. Anderson says she doesn’t have the exact breakdown of how many are Iowans, as she says employers don’t keep track of that.

“We are having veterans, transitioning military members, who could have considered going anywhere. And they’re seeing what we have to offer in Iowa now through so many of the facets of the Home Base Iowa Act,” according to Anderson. “But, now with the businesses making a committed effort to hire veterans — with five-thousand pledges to hire veterans. I would argue that we may be capturing Iowan’s back as well, but I would argue that that is a fantastic thing and that is something that we would certainly want.”

(Radio Iowa)

Trial begins today in the death of an Atlantic boy

News

October 28th, 2014 by Ric Hanson

The first-degree murder trial for a Harrison County teenager accused of killing his foster brother from Atlantic is set to begin today. The Daily NonPareil reports Michael Williams of Sioux City, attorney for 18-year old Cody Metzker-Madsen, filed documents in September indicating he will use an insanity defense during the trial. Williams said Metzker-Madsen’s ability to help with his defense was “compromised by certain mental health disorders,” according to court documents.

Last year over Labor Day weekend, authorities found Metzker-Madsen’s foster brother, 5-year-old Dominic Elkins, deceased in a wooded ravine. Metzker-Madsen,  who was 17 at the time, said the two were “playing bricks” on Aug. 31, 2013, outside their rural home north of Logan, according to court documents. An autopsy determined the boy died as a result of blunt-force head injuries and drowning.

During a competency hearing in April, psychiatrist Dr. Arnold Andersen said Metzker-Madsen exhibited symptoms of attention deficit hyperactivity disorder, oppositional defiant disorder and fetal alcohol syndrome. His mother, according to Andersen, used methamphetamine while pregnant with Cody. Psychologist John Bayless said at the hearing that Metzker-Madsen had mental problems, but that did not mean he could not understand the seriousness of the matter or could not participate in his own defense. Both described Metzker-Madsen as unemotional about his situation.

Metzker-Madsen’s foster family has said he was developmentally similar to a 5-year-old. Don and Julie Coolman were both boys’ foster parents. Fourth District Judge Kathleen Kilnoski ruled Metzker-Madsen was competent to stand trial. In May, she denied a motion by the defense to try Metzker-Madsen in juvenile court. Metzker-Madsen waived his right to a jury trial, which means a judge will make the final ruling. He pleaded not guilty to the charge and is being held at the Harrison County Jail in Logan.

In Iowa, a first-degree murder conviction carries an automatic life sentence. In 2012, the U.S. Supreme Court banned automatic life sentences for juveniles. Metzker-Madsen was a minor when the alleged incident occurred. However, the Iowa Supreme Court followed that ruling with one that requires judges to consider whether teens can be rehabilitated.

Iowa early News Headlines: Tue., Oct. 28 2014

News

October 28th, 2014 by Ric Hanson

Here is the latest Iowa news from The Associated Press

CALAMUS, Iowa (AP) — Authorities say an 18-year-old has been killed after his vehicle collided with a semitrailer in eastern Iowa. The crash happened Monday afternoon on Highway 30 near Calamus. A car traveling east on the highway collided with the semitrailer, which was traveling west. The driver of the smaller vehicle, Connor A. Robinson, of Oceanside, California, was pronounced dead at the scene. The driver of the semitrailer, 57-year-old Anthony M. Zappa, of Forest Lake, Minnesota, was not hurt.

DUBUQUE, Iowa (AP) — Officials in Dubuque say a plugged sanitary sewer pipe caused a sanitary sewer manhole to overflow untreated wastewater into the city’s storm sewer system. The state Department of Natural Resources says the city’s public works department was notified of the sewer back up Monday afternoon. Crews removed the blockage a short time later.

SAC CITY, Iowa (AP) — A judge says a 17-year-old facing vehicular homicide charges in the deaths of two teenagers will be prosecuted as an adult. District Associate Judge Adria Kester says the 17-year-old does not have reasonable prospects of rehabilitation if he remains in juvenile court. The 17-year-old is charged with two counts of vehicular homicide in Sac County Juvenile Court.

DES MOINES, Iowa (AP) — James Taylor will appear at a rally for Democratic Senate candidate Bruce Braley in Des Moines on Saturday. The singer-songwriter will perform at a rally headlined by former President Bill Clinton at the Brenton Skating Plaza. Taylor is famous for hits like “Fire and Rain” and “Shower the People.” Taylor is giving a concert at Wells Fargo Arena in Des Moines on Saturday night.

Judge: 17-year-old will be prosecuted as an adult

News

October 27th, 2014 by Ric Hanson

SAC CITY, Iowa (AP) — A judge says a 17-year-old facing vehicular homicide charges in the deaths of two teenagers will be prosecuted as an adult. District Associate Judge Adria Kester says the 17-year-old does not have reasonable prospects of rehabilitation if he remains in juvenile court.

The Sioux City Journal reports the 17-year-old is charged with two counts of vehicular homicide in Sac County Juvenile Court. Court records do not yet indicate any filings in district court. Sac County Attorney Ben Smith will have several weeks to file additional information. The 17-year-old was driving a pickup that collided in August with a car driven by 16-year-old Bailey Jacobsen. She and her passenger, 16-year-old Lindsey Quirk, were killed.

Authorities say the 17-year-old’s blood alcohol level was above the legal limit for minors driving.