OSCEOLA, Iowa (AP) — An Iowa judge cited the courthouse arrest of a drunken prosecutor in dismissing charges against a man accused of sexually assaulting a 13-year-old boy. Judge Marti Mertz issued the ruling Monday and chastised Clarke County Attorney Michelle Rivera. The prosecutor’s unavailability at a recent hearing in the case “was the finale following unexplained periods of inactivity and lack of responsiveness” since the man’s arrest more than a year ago, the judge said.

A sheriff’s deputy arrested Rivera for being drunk in an Osceola courtroom on Oct. 18, just moments before the man was scheduled to enter a new plea and be sentenced in the case. The man later sought a dismissal because he hadn’t been tried within a year of his arraignment. He was initially charged with sex assault and telephone dissemination of obscene material to a minor. Investigators say he admitted engaging in sex act with a minor in August 2017.

The state can’t refile the same charges against the man, said Mark Pennington, a former Polk County prosecutor not involved in the case “Everybody should be upset about it,” Pennington said. “That’s why you have to hold elected officials, including county attorneys, to a high standard.” Drake University law professor Robert Rigg, a criminal law expert, said there are options if the state wants to pursue charges.

Clarke County prosecutors could attempt to file different charges, such as lascivious acts against a child. Or they could allow federal prosecutors to file their separate charges to get around the double-jeopardy protections the man now has at the state level. A spokesman for the Iowa Attorney General’s office said no one at the county level has sought their help in the case.

Rivera pleaded guilty in the courthouse intoxication incident and was fined $65. Rivera lost her re-election bid in November. She was arrested again last week in Osceola on charges of operating a vehicle while intoxicated and child endangerment. According to court documents, an officer said Rivera was intoxicated when she dropped her daughter off at a day care. A hearing on the new charges is set for Thursday.

The Page County Sheriff’s Office reports two people were injured Dec. 13th during a collision on Highway 2, just east of O Avenue. Authorities say 82-year old David Eugene Anderson, of Clarinda, was driving a 1989 Chevy Caprice eastbound on the Highway, when he fell asleep at the wheel and crossed into the westbound lane a little after 3-p.m.

Anderson’s car hit a 2006 Ford van driven by 34-year old Tanja Marie Bolton, of Council Bluffs, as she was traveling westbound on Highway 2. Bolton and Anderson were transported to the Clarinda Regional Health Center by Clarinda Ambulance Service, for treatment of undisclosed injuries. Anderson was cited for Failure to Maintain Control. Damage to the vehicles amounted to $5,000.

Also happening on Dec. 13th, was the arrest at around 3:40-p.m., of 28-year old Drew David McKinley, of Omaha. He was arrested for Possession of Drug Paraphernalia, after deputies from the Page County Sheriff’s Office conducted a traffic stop in the 1800 block of Highway 71, for a minor traffic infraction. During the traffic stop K-9 Lucas was deployed and alerted on an illegal substance in the vehicle. McKinley was transported to the Page County Jail where he posted a $300 bond and was released pending further court proceedings.

And, on Dec. 14th at around 2:15-p.m., deputies with the Page County Sheriff’s Office were notified by a Jailer of an inmate possibly having contraband in the Jail. Jail staff and Sheriff’s Office staff conducted a search of the jail. During the search, 45-year old Jess Scott Larson, of Clarinda, was further charged with Possession of a controlled Substance, possession of Drug Paraphernalia, and two counts of contraband in a correctional facility. Larson was removed from the cell block and placed into another block.

He was originally held in the Page County Jail on Clarinda Police Department charges for Theft in the 5th degree, Possession of a controlled substance, and one-counts of Contraband in a correctional Facility stemming from a December 8, 2018 arrest.

The Harlan Police Department, Tuesday, issued a report on recent arrests. Most recently, on Monday, 63-year old Gary Lyn McCoy, of Harlan, was arrested for making false reports to police, interference with official acts and disorderly conduct.

Last Saturday, 66-year old Larry Steven Muerer, of Harlan, was arrested for public intoxication and disorderly conduct.  And, 23-year old Dakota Jay Grote, of Harlan, was cited for disorderly conduct stemming from the same disturbance incident.

Last Thursday, 38-year old Suzanne Kay Labastida, of Council Bluffs, was arrested on an active warrant following a traffic stop in Harlan.  Labastida was transported to the Shelby County Jail.

On Dec. 12th, 37-year old Galen Mckinzie Hutt, of Harlan, was taken into custody following an investigation.  Hutt was escorted to the Shelby County Jail where he was charged with sexual abuse 2nd degree.

And, on Dec. 11th, 46-year old Larry Monroe Lange, of Harlan, was arrested for trespassing and public intoxication.

(Radio Iowa) — Iowa volunteers are needed for a medical study that’s testing whether using nicotine patches can improve memory in people who have mild memory loss. Doctor Paul Newhouse is the lead investigator for what’s being called the MIND Study, that’s MIND for Memory Improvement through Nicotine Dosing.

Contrary to popular beliefs, he says memory loss is -not- a normal part of aging and can be a precursor to Alzheimer’s disease. Up to 20 volunteers from Iowa are needed to take part in the study which would be conducted at the University of Iowa Hospitals and Clinics in Iowa City.

While there is no payment for volunteering, there would be free treatment for up to two years and those who need it could be compensated for travel. Because nicotine is in tobacco products, most people think it’s addictive and harmful, but Newhouse says that’s not the case when it’s used in a transdermal patch.

Nicotine is a natural plant product, he says, and it’s safe when used as directed. Nicotine has medicinal benefits, according to Newhouse, and while it’s usually associated with tobacco, it’s also in tomatoes, eggplant and cauliflower. Newhouse is director of the Center for Cognitive Medicine in the Department of Psychiatry at Vanderbilt University Medical Center in Nashville, Tennessee. The study is underway at 32 sites nationwide though this will be its first trial in Iowa. For more information, call 866-MIND-150 or visit: MINDStudy.org.

(Radio Iowa) — A partial federal government shutdown will happen Friday if lawmakers fail to resolve an impasse — and Republican Senator Joni Ernst says it’s unclear what may happen this week.

The sticking point in negotiations has been President Trump’s demand that congress provide five BILLION dollars for construction of a wall along the southern border. A White House spokeswoman today (Tuesday) said the Trump Administration has found other ways to get that money.

Democratic leaders in congress have repeatedly said there are not enough votes in the House or Senate to fund the wall. Ernst, who is now part of the Republican leadership team in the U.S. Senate, says that doesn’t make sense.

That 2013 bill was the immigration reform package that passed the Senate with bipartisan support. It included a pathway to citizenship for immigrants who entered the country illegally as well as that eight billion dollars for enhanced border security. The U.S. House did not take a vote on the package.

The Atlantic Police Department reports the arrest of the same man three times in eight days this month. 30-year-old Justin Cooley of Atlantic was arrested on December 7th for Trespass 3rd and he was taken to the Cass County Jail and booked in. Cooley was again arrested on December 9th for Trespass 3rd, and again on December 14th for Trespass 1st. He was booked in to the Cass County Jail after each arrest.

Atlantic Police also report the arrest of 34-year-old Troy Mack of Audubon on December 17th on a Cass County Warrant for Violation of Probation. He was taken into custody and booked in to the Cass County Jail.

Sheriff’s officials in Taylor County report 28-year old Samantha Gile-Smith, of Creston, was arrested today (Tuesday), in the 200 block of East Ohio Street, in Lenox. Gile-Smith was wanted on an active Taylor County Warrant for failure to appear on original charges of Controlled Substance Violations. During the arrest she was found to have controlled substances and drug paraphernalia in her possession. Gile-Smith was subsequently charged with Possession of a Controlled Substance (Marijuana), Possession of a Controlled Substance (Methamphetamine), and Possession of Drug Paraphernalia.

She was being held at the Taylor County Jail without bond, until seen by a Magistrate.