EARLY, Iowa (AP) — A northwest Iowa man convicted of killing his mother and kidnapping another woman wants a retrial. The Sioux City Journal reports a public defender for 21-year-old Kirk Levin, of Early, filed a motion for a new trial in Sac County District Court on Tuesday. A jury found Levin guilty in June of first-degree murder in the January death of Marilynn Schmitt and third-degree kidnapping in the abduction of a woman he met online.

Levin’s trial was moved to Webster County because of heavy publicity. His attorney says a second change of venue request should have been granted. The attorney also says Levin’s statements to police after his arrest should have been inadmissible evidence at trial.

Levin is scheduled to be sentenced on July 26.

Officials in Cass County seek to balance the various County boards and commissions, by having them comprised of men and woman. To that end, gender balance on county and city boards and commissions took effect January 1, 2012. Cass County Auditor Dale Sunderman says “To facilitate gender balancing of Cass County’s boards and commissions, the Cass County Board of Supervisors is taking applications for positions that are currently open [or which will be open within the next year].”

Current positions open are two members for the Cass County Compensation Board. The Supervisors’ previous two appointees were males. Gender balancing would require the appointment of one male and one female to the now vacant positions. Anyone interested in serving in one of those positions (or any of the positions on the County’s website) may get an application at the Cass County Auditor’s office.

Applications and the list of positions open within the next year are available online at the Cass County, Iowa website, casscountyiowa.us/offices/bos/bosforms.htm

The Harlan Police Department reports numerous individuals were arrested this past week. On July 14th, Randy Rush, of Atlantic, was arrested on charges of driving while revoked and speeding. He was taken into custody following a traffic stop. That same day, Frankie Jo Garren, of Gypsum, CO, was arrested on a charge of public intoxication. Earlier in the evening, Garren was given a ride to the Shelby County Fairgrounds by police officers. At the time of her arrest at 7th and Court Streets, she was observed running, partially clothed.

On July 12th, 32-year old Ian Leib, of Harlan was arrested after officers were called to an altercation in the 1700 block of 8th Street. Leib was transported to the Shelby County Jail, where he was charged with Assault displaying a dangerous weapon, for allegedly hitting Sandra Meis, of Kimballton. The incident involved a steel handled broom. That same day, 23-year old Daniel Cagle, of Purvis, MS, was arrested following an altercation with 21-year old Logan Ford, of Hattiesburg, MS, in the 600 block of Market Street.

Cagle was charged with public intoxication and disorderly conduct. Ford was transported to Myrtue Memorial Hospital in Harlan, for treatment of injuries he suffered during the incident. Complaints were subsequently filed with the Shelby County Clerk of Court, charging Ford with public intoxication and disorderly conduct.

And, on July 9th, 26-year old Linda Hemminger, of Harlan, was arrested on a charge of domestic abuse assault, after an incident was investigated at a residence in Harlan, whereby she allegedly assaulted Reid Hemminger, also of Harlan.

(12-p.m. News)

A Taylor County woman was arrested on an aggravated misdemeanor charge of Child Endangerment Tuesday, following an investigation into an unattended child left out in the heat.  According to the Lenox Police Department, 26-year old Robin Hayden, of Lenox, was arrested and taken to the Taylor County Sheriff’s Office.

Robin Hayden

Officials say at around 2:30-p.m., Tuesday, Lenox Police received a report of an unattended child in the 600 block of East. Ohio. On arrival officers found a 7-year old girl sleeping outside a locked apartment door. An investigation into the incident showed the girl had been staying with a neighbor while her mother was at work. The neighbor left to go out of town, locked the girl out and left her unattended.

The investigation also determined the girl was unattended for several hours in 90 degree+ temperatures and without food or water.  Lenox Police were assisted in the investigation by the Iowa Department of Human Services.

DES MOINES, Iowa (AP) – The state is laying off staffers at the Iowa Workforce Development agency, which provides services to unemployed residents.  In an email sent to agency workers this week, Iowa Workforce Development Director Teresa Wahlert announced 30 staffers would lose their jobs, both union-represented and non-union workers. Wahlert says in the email that the staff reductions were due to a loss of federal funding.

But Danny Homan – who is president of Iowa Council 61 of the American Federation of State, County and Municipal Employees – says Wednesday the state has a budget surplus and should be able to afford the workers. He says the cuts will limit aid for out of work state residents seeking jobs.

Gov. Terry Branstad’s spokesman Tim Albrecht says Branstad remains focused on helping Iowans find jobs.

Cass County Engineer Charles Marker today (Wednesday), provided the Board of Supervisors with an update on County secondary roads and related projects. Marker said Tuesday was the State bid letting date for Farm-to Market account road projects (Those which are paid for through the Road Use Tax Fund). It includes an asphalt overlay on Cass County Road M-56, from Highway 6 to the Atlantic Airport road, and a similar project letting for County Road G-43 (The Lewis Road), from Lewis to Highway 71.

Marker said on both of those projects, the apparent low bidder was Henningsen Construction, in Atlantic. His bid for the G-43 project, was slightly more than $1.126-million, while the bid for M-56 was a little over $1.32-million. The Board will act on approving or disapproving the contracts during their a future, after they have been received by Marker. The late start dates (without penalty), is August 26^th for the M-56 project, and September 9^th on G-43. Both projects are expected to take about a month or slightly more to complete.

Marker said also, during an Engineer’s conference held last week, they were informed all engineers (regardless of where they are in Iowa), need to be within 10-percent of the bid let contract price. He says that means they are expected to be very accurate with the Engineer’s estimate on the project costs. The federal government says as a whole, Iowa has not been very accurate since 2006, so they are investigating why. In Cass County, the M-56 project is within three-tenths of one-percent, but on the G-43 project, the estimates are outside the 10-percent goal. Maker says there are a number of variables in making an estimate that affect its accuracy.

He says on the G-43 project, the bid was $163,000 less than the engineer’s estimate, but it still came in over the 10-percent limit. Marker says discussions on those types of limits are continuing, at various levels of government and within the industry. Marker says also, work continues on a bridge project spanning the Nishnabotna River on the “Research Farm Road,” with beams being placed prior to the installation of a concrete deck.

The Cass County Board of Supervisors received a quarterly and annual report from County Veterans Affairs Director Mitch Holmes, during their meeting this (Wednesday) morning, in Atlantic.

Mitch Holmes, Cass Co. VA Director

During the 4^th Quarter report, Holmes said his office process 17 claims for general assistance, amounting to a little more than $7,674. The amount was a little higher than normal, he said, because it included two indigent burials. Aside from those burials, the costs were on-par for what is normally spent during the time frame.

As far as Federal V-A benefits, Holmes said there were a total of 99 forms filed. He said there’s been a big push over the past couple of years to try and get veterans registered for their benefits. That includes hospital visits, as well as compensation and disability payments related to injuries they may have suffered during their military careers.

They also helped veterans sign-up for nursing home, records request and life insurance benefits. Holmes said 216 veterans were assisted at the Cass County V-A Office over the past quarter, they received 230 office visits and made 22 home visits. During his annual report, Holmes said over the fiscal year ending June 30^th, 462 veterans and their family members were assisted by the Cass County Veterans Affair Office, with a total of 5,118 contacts made. A total of 342 federal V-A documents were processed.

Holmes said Cass County receives almost $5.1-million annually in veteran’s benefits, an increase of 9.6-percent over last year. That includes compensation and pensions [$2.68-million], medical expenditures [$2.2-million], and education and vocational rehabilitation [$157,000]. The remaining funds are scattered among the various VA programs.

The Cass County VA office provides a wide variety of assistance and services for its resident, honorably-discharged veterans and their family members. Its main focus is to assist them in applying for federal and state benefits and other veterans’ aid.

The Harlan City Council, Tuesday, approved two separate resolutions pertaining to the Harlan Police Department Building Project. During their regular meeting, the council also held a public hearing with regard to the project, but heard no comments from the public.

The city only received one bid from Leinen Construction of Harlan. The estimated 2,100 square foot project will cost $321,889. After closing the public hearing, the council approved the contract with Leinen Construction.

The company plans to begin work immediately on the new Police Department Building, with the completion of construction  set for the end of this year.

(Joel McCall/KNOD)

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