The Iowa Court of Appeals today (Wednesday) denied a request for post-conviction relief (PCR) by a man convicted in Pottawattamie County of kidnapping a woman, beating her, handcuffing her and leaving her to die. Bryan Keith Bay was convicted of 1st degree kidnapping and sentenced to life in prison for the May 2012 incident with his victim, Tabitha Proplesch. She was found in a truck near Crescent.

He ultimately appealed to the Post Conviction Relief Court, arguing that he had ineffective assistance from his stand-by counsel, with regard to his right to counsel, which he had waived during his trial. The Appeals Court affirmed the order denying his PCR application on the grounds that had been addressed by the PCR Court.

For more on this case: http://www.iowacourts.gov/About_the_Courts/Court_of_Appeals/Court_of_Appeals_Opinions/Recent_Opinions/20171011/16-1536.pdf

Officials with the Nishna Valley YMCA in Atlantic report the YMCA will present a Family Fun Friday at the Y (located at 1100 Maple Street in Atlantic) on October 13th from 7-9pm. The night includes Roller Skating in the main gym thanks to Platime Roller Rinks’ donation of their skating equipment (Please note: outside use skates or inline skates are not allowed on the gym floor). Laser Tag will take place in the back gym, for all ages. A Bounce House will be available in the racquetball court, and there will be concessions available.

The cost for the entire family is only $16. Or, one child is only $8 and a parent gets in for free. For more information you can call the YMCA at 712-243-3934 or stop by the YMCA at 1100 Maple Street, Atlantic Iowa.

Cass County Treasurer Tracey J. Marshall appeared before the Cass County Board of Supervisors today (Wednesday), to explain expenses she incurred with regard to findings in a recent State Auditor’s report which reviewed Cass County employee travel and other expenses. The Audit report determined some officials used County credit cards improperly and a county employee was doing non-beneficial work on County time. The review was for the period of July 1, 2014 to June 30, 2016.

The report showed there was $1,334.39 worth of improper and unsupported disbursements made by County Employees. The Auditor said $590.53 was for improper disbursements, $743.86 is considered to be unsupported disbursements. The report was conducted as a result of citizen concerns regarding the frequency of County Treasurer Tracey Marshall’s travel and certain purchases made using a County credit card.

During her meeting with the Supervisors, Marshall said one of the expenses was for 30 miles not on the claim that should have been, because she forgot to reset her vehicles’ trip odometer, and did not properly identify where she went. Auditor Dale Sunderman said that County Officials, whether they serve as township officers or courthouse employees, need to have as much supporting documentation for their expenses as possible. More specifically, the date and where the meeting was held needs to be included in a claim. In Marshall’s case, she was able to back track where she went and the proper mileage. For all instances where mileage was cited as unsupported, Marshall agreed to repay the county. That amounted to $54.65.

Sunderman said the rest was accounted for and verified and the Board agreed the remainder of Marshall’s expenses was reasonable. The Board agreed also, that they have to play a more active role in reviewing employee claims and other, related matters on a timely basis. Supervisor Steve Green said they’re taking steps to follow the audit recommendations. In the future, that may include cutting back on the number of County credit cards issued, and stricter penalties for those who don’t support their expenditures with valid paperwork. There approximately 15 county-issued credit cards the hands of County employees or available in the various offices for them to use.

The Iowa Department of Public Health is reporting a second death from the mosquito-borne West Nile virus.  Department Medical Director Patricia Quinlisk says lab results confirm 10 cases across the state with several more under investigation. “To be honest a lot of people who have West Nile will have no symptoms whatsoever. It’s just the very unlucky few that get seriously ill with it and unfortunately every once in a while someone doe die of this disease,” according to Quinlisk.

The disease is carried by mosquitoes and Doctor Quinlisk says one way to reduce the risk of getting sick is to use ample amounts of insect repellent containing DEET and wear long sleeves and pants in areas prone to have mosquitoes.  She says even with cooler temperatures, you still face the threat of being infected. “The mosquitoes that carry West Nile actually are more prevalent now than they were at the beginning of the summer and we are still having cases of West Nile reported to us,” Quinlisk says.

She says use the preventative measures until the mosquito threat is over. “We will continue to see West Nile activity in Iowa until we get that first hard frost that kills all the mosquitoes,” Quinlisk explains. Quinlisk says West Nile virus can cause high fevers and brain-swelling.  The first West Nile death was reported September 29th.

(Radio Iowa)