(Radio Iowa) The Iowa Supreme Court heard arguments in a request by the state to dismiss a lawsuit against the governor over the release of public records during the COVID pandemic. The records were released 18 months after the request when the lawsuit was filed by the Iowa A-C-L-U on behalf of journalists seeking the records. The attorney for the governor, Eric Wessan, says the administration followed the law because it never denied the request.

Chief Justice Susan Christensen says this approach could require anyone who requested open records to eventually hire a lawyer to get an agency to comply. She says that could be expensive and some people could not afford to do that.

The attorney for the A-C-L-U, Thomas Story, says the state should not be allowed to stall and force a lawsuit.

Wessan says it’s an important part of democracy. Wessan says the governor’s office gave very little response to the records request other than to acknowledged they received the request. He says there should be some reason given for not producing the records.

He says the strategy was to delay and force a lawsuit.

The Supreme Court will issue its ruling at a later date.

(Radio Iowa) Most Republicans in the Iowa Senate have voted for a bill to provide new liability protection for the trucking industry as well as companies with commercial vehicles, like delivery trucks, cranes or utility vehicles. Non-economic pain and suffering damages in lawsuits over accidents would be limited to two MILLION dollars, while payments to cover medical expenses, economic losses and punitive damages remain UN-limited. Republican Senator Adrian Dickey of Packwood owns a trucking company and is chairman of the Iowa Motor Truck Association’s board of directors.

“This is not about avoiding responsibility,” Dickey said. “It’s simply an attempt to rein in these ambulance chasing attorneys and false claims that…are plugging up our legal system.” Four Republican senators joined all the Democrats in voting against the bill. Senator Mark Lofgren (LAHF-grehn), a Republican from Muscatine, voted earlier this month against similar liability changes for medical malpractice claims. He cited the details of his grandson’s death after surgery to remove the two-year-old’s adenoids.

“Families that lose their family members from a truck, an injury that happens or whatever, they love their families just like those that lose their family with medical malpractice,” Lofgren said. Senator Mike Bousselot (BOO-suh-loh), a Republican from Ankeny, says the bill is needed to protect the trucking industry from trial attorneys seeking out-of-whack pain and suffering awards that drive up trucking company costs.

“We can see the nuclear verdicts here in Iowa. We can see the nuclear verdicts coming our way from as close as Illinois or Arkansas, but we can also see it on the very shelves that we shop. We see it when we try and buy a dozen eggs, when the goods that we want aren’t on that shelf.” Senator Pam Jochum (YOH-kum), a Democrat from Dubuque, says families who lose a loved one in an accident need more support than the bill would allow.

“This bill robs everyday Iowans of justice, senators,” Jochum says. “Are you going to protect the bottom line of gross negligent trucking companies?” The bill’s liability structure for commercial vehicle accidents is similar to the language in the medical malpractice bill the governor signed into law last week. The bill that cleared the Senate last (Wednesday) night now goes to the House for consideration.

A report from the Iowa Association of Realtors shows the number of homes listed for sale dropped by more than 11 percent in January compared to one year ago. But association president, Krista Clark, says listings were up compared to December.

Rising interest rates help slow things down in the housing market — but they appear to have leveled out.

Clark says you have to understand that rates had been at historic lows.

Clark says the slowdown in the market was a good thing.

Clark says she is optimistic about spring after weathering the slowdown.

The days on the market increased to 48 days in January, compared to 38 days last month and 40 days in January last year. Median sales prices increased four-point-seven percent compared to last January and were 190-thousand-500 dollars. Clark is a realtor in Newton.

The Atlantic Community School Board’s meeting and public hearing that was scheduled for Monday night has been cancelled due to inclement weather.  The meeting will be rescheduled for a a later date.

COUNCIL BLUFFS, IA – Diamond Cook, age 31, of Omaha, Nebraska, was sentenced on February 16, 2023, to 48 months in prison following his plea of guilty to being a prohibited person in possession of a firearm. After he is released from prison, Cook will serve three years of supervised release.

On February 24, 2022, a Fremont County Deputy stopped a car on Interstate 29 for not displaying registration and a nonworking brake light. The deputy could smell marijuana coming from the car. Cook was a passenger and lied about his name. During a search of the car, law enforcement located a loaded handgun. Cook is prohibited from having any firearms because he is a convicted felon.

United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Fremont Cunty Sheriff’s Office, the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. In May 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

DES MOINES, IA – A Dallas Center woman was sentenced on February 14, 2023, to 18 months in prison for wire fraud.

According to court documents, Jordyn Darion Culp, age 28, stole $273,698 from the Federal Employees’ Group Life Insurance (FEGLI) program. From approximately October 2019 to September 2021, Culp accessed FEGLI trust accounts through her employment and fraudulently transferred money from the FEGLI accounts to her personal bank account. Using the funds, Culp purchased a motorcycle, motorhome, and cargo trailer which were forfeited. Culp posted TikTok videos discussing her purchases. Culp was ordered to pay restitution and after her prison sentence she will serve three years of supervised release.

U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Iowa Insurance Fraud Bureau investigated the case.

Photo courtesy of the Polk County Jail.

Des Moines – Andrew Thomas Ellis, age 30, of Des Moines pled guilty on February 16, 2023, to one count Presenting False Information (Class D Felony) following an investigation by the Iowa Insurance Division’s Fraud Bureau.

The charges against Ellis stemmed from an investigation which began in June 2022.  According to criminal complaints filed by the Iowa Insurance Division’s Fraud Bureau, Ellis filed a false report to the Des Moines Police Department, claiming theft of personal property.  Ellis then provided false statements to an insurer in connection with a personal property insurance claim in an attempt to receive loss claim benefits he would otherwise not be entitled to.  Ellis was arrested on October 9, 2022 and booked into the Polk County Jail where he later posted bond.

Following his guilty plea, Ellis received a five-year suspended prison sentence and placed on supervised probation for a period of two years. Ellis was also ordered to pay a fine of $1,025.

Fremont County Sheriff Kevin Aistrope reports a possible threat to students at the Fremont-Mills School via a social media post was investigated on Tuesday. Deputies made contact with the student and found the threat to be credible.

The 12-year-old student was placed under arrest for Threat of Terrorism and placed in the Southwest Iowa Juvenile Detention Center until further court proceedings.

No further information is available at this time.

Hamburg, Iowa  – The Iowa Department of Natural Resources, Golden Hills RC&D and the Loess Hills National Scenic Byway have announced the Waubonsie State Park Artist in Residence awards for the 2023 Program! The Artist in Residence program was created to help reach a broader audience of park-goers, thus increasing the number of visitors and ultimately educating more people about the Loess Hills ecosystem. The artists and visitors will engage with the natural resources of the park through an artistic lens. Many quality applications were received from artists representing a wide array of disciplines. Three artists were selected to fill residencies ranging from one to two weeks long in March and April. Those artists receiving the residency awards for the current season of the Waubonsie State Park Artist in Residence Program include Rodger Geberdling, Marcia Wilson Holliway and Tina Campbell. The artists will use their time at Waubonsie to immerse themselves in the landscape as a source of inspiration and opportunity to intensely focus on their work. The artists represent a variety of mixed media, painting, and photography.

• Rodger Geberdling is a multidisciplinary artist from Council Bluffs who is active in applied arts, book illustration, art instruction, writing and acting. His painting, drawing, collage, and other multimedia work is currently represented at multiple galleries and exhibitions across the country. Rodger’s mixed media paintings and found/created object constructions range from portraits (real and imagined) to still-lifes and landscapes. He works primarily from imagination as colored by his surroundings, using sketches and memory to make personal impressions of people and places. During his time at Waubonsie, Rodger will focus on landscapes and impressions of structures as seen on daily walks. He sees this residency as a kind of visual, day-to-day journal. Rodger will occupy the first residency period of 2023, during the first half of March.
• Marcia Wilson Holliway is a multidisciplinary artist from Nebraska City. Marcia shares, “Seeing and feeling texture, pattern, light and color stirs my soul. People, places, and nature are inspirations for my art! When I’m not painting in Plein Air you might find me arranging found objects. As they start relating to one another they become cohesive. Something beautiful comes to life, reminding me this process is happening in my own life as well. As I collaborate with purpose, my Creator, and others, I continue writing my story, creating goodness, beauty, and art. Although my life, poems, art, and journals can be kept private, I am convinced that life is most fulfilled when I share them.” Although the dates and details have not been secured yet, Marcia says that her programming piece will be an invitation to park goers of all ages to participate in a hands-on experience that will encourage celebrating nature, further exploration, and appreciation of their surroundings. Marcia’s residency will take place during the second half of March.
• Tina Campbell with Fence Row Photography is a landscape photographer from Norwalk, Iowa. She shares, “As a landscape photographer I am not just discovering the beauty but also the healing element of being in nature. Whether on the backroads or hiking trails, or just in my own backyard, nature has provided me a consistent element of connection and peace. It is my hope that my photography might bring that connection to others and inspire more awareness of the beauty in our everyday.” When Tina does her public program, she plans to lead a group on a guided photo walk and explain her gratitude practice approach of not just looking at the big picture, but really focusing on the little things. Tina will participate in a one-week residency at the beginning of April.

One of the region’s ecological and recreational treasures, Waubonsie State Park’s 2,000 acres in the (Luss) Loess Hills of southwest Iowa feature prairies, savannas, and woodlands which are home to diverse flora and fauna, not to mention breathtaking vistas. Park Manager Matt Moles has worked with Golden Hills RC&D Project Coordinator Lance Brisbois and Loess Hills National Scenic Byway Coordinator Rebecca Castle to develop and launch the project. While there have been other artist residency programs offered through the National Parks System and parks in other states, this was the first such program in one of Iowa’s State Parks. The program is loosely modeled after similar regional residency programs.

The artists will receive lodging in a studio cabin and a primitive studio space in the park at no cost for the duration of the residency. In return, artists will deliver at least one public program and donate one piece of art to the park at the conclusion of their stay. The programs will be announced as they are scheduled, and may happen either during the residency period or at a later date during the peak season.

Waubonsie State Park is only about an hour’s drive from Omaha or Lincoln, NE; two hours from Kansas City; and 2.5 hours from Des Moines. It is located near the southern end of the Loess Hills National Scenic Byway. To learn more about the Artist in Residence program and the artists, visit www.goldenhillsrcd.org/artist-in-residence. If you are an artist and are interested in learning about how to apply, please email rebecca@goldenhillsrcd.org.

(Creston, Iowa) – Police in Creston say a man who was arrested Sunday afternoon on drug and other charges, was arrested Tuesday afternoon, as well. 23-year-old Noah Alexander Young, of Creston, was arrested at the Union County Law Enforcement Center, on two-counts of Failure to Appear. He was taken to Union County Jail and held on a $2,600 cash-only bond