(Radio Iowa) – The Iowa Supreme Court has ruled it was unconstitutional to let two children testify remotely against an alleged abuser. The children were in the judge’s office and their testimony was shown in the courtroom, but four Iowa Supreme Court justices ruled that violated the defendant’s right to confront his accusers. Professor Emily Hughes teaches criminal law at the University of Iowa Law School. She says if the video connection had given the children a view of the defendant in the courtroom, the opinion MAY have been different.

“The opinion itself doesn’t say that a two-way video is sufficient,” Hughes says, “so the dissent points out it’s not exactly decided by the court whether a two-way video would suffice or whether the person has to be in the room with the defendant.”

In FEDERAL courts, judges have authority to let children testify in child abuse cases by one-way, closed circuit video. Hughes says the Iowa Supreme Court’s ruling makes clear their decision rests on the IOWA Constitution, not the U-S Constitution.”The Iowa Supreme Court has said that under Article I, Section 10 of the Iowa Constitution, which is what people kind of talk about as the ‘confrontation clause,’ that confrontation means face-to-face and face-to-face means that the defendant can see the witness and the witness is able to see the defendant,” Hughes says.

Iowa Judicial Branch Bldg.

“…They are the people who get to decide what the state constitution means and how to apply it, so that is a pretty powerful part of that opinion because the whole case rested on the Iowa Constitution.” State Senator Janet Petersen, a Democrat from Des Moines, says the ruling is outrageous and she may sponsor a bill to make it clear children could testify against an abuser via a two-way video connection. “I’ve been talking with civil rights attorneys and experts in child protection just to get their take on the ruling,” Petersen says, “just wanting to make sure that if we pursue legislation that would actually work with the current Supreme Court that Iowa has.”

Petersen says her concern is prosecutors may not be able to pursue some cases when the child is the only witness to the abuse. “Kids that feel unsafe testifying in front of their abuser who may not decide not to move forward with the (criminal) case, they’ll also be barred from the civil court room by their 19th birthday,” Petersen says. “Iowa has to address our horrible laws that protect predators and not children.”

Under current Iowa law, a lawsuit against an alleged abuser must be filed in civil court before the victim turns 19. An Illinois law passed in 2023 gives Illinois judges the discretion to let children under 13 testify outside the courtroom when warranted. Last year Colorado’s Supreme Court ruled prosecutors may use outside-the-courtroom testimony from older children, even if the defendant is accused of abuse or assault.

ATLANTIC, IOWA – July 3, 2024 – Interstate 29 and I-680 north of Council Bluffs, which was originally scheduled to partially reopen at 3 p.m. today will now partially reopen at approximately 6 p.m. today, following severe flooding in the area.

You should expect intermittent lane closures on I-680 between the Mormon Bridge and Exit 61, Old Mormon Bridge, and on I-29 between I-680 and Exit 71, I-880 near Loveland. All lanes will be open on I-29 south of I-680.

If you are traveling west out of Crescent on Old Mormon Bridge Road, please note that the northbound I-29 on-ramp will remain closed.

Floodwaters remain in the area. The Iowa DOT reminds travelers to never enter a water-covered roadway. Do not move or travel around barricades or fencing as they are placed there for your safety. Turn around and don’t drown.

(Marne, Iowa) – (Update 1:57-p.m.) A dog was shot and killed early this (Wednesday) afternoon in rural Cass County (IA), after a woman was attacked by a dog. The incident took place at 54148 Boston Road, northwest of Marne, at around 12:45-p.m. The woman was bleeding from multiple locations, according to dispatch reports.

Cass County Chief Deputy Sheriff John Westring tells KJAN the woman was transported to the Cass County Memorial Hospital (CCHS) for lacerations to her arms. Her name was not released. A second person suffered minor abrasions during the incident.  The dog – a pit bull-  was put down by a resident of the home.

Cass EMS, Marne and Atlantic Fire and Rescue were called to the scene.  Additional information was not immediately available.

(DES MOINES) – The Iowa Finance Authority Board of Directors today (Wednesday), awarded a total of more than $10.6 million in federal housing tax credits to support the construction and rehabilitation of a total of 404 affordable rental homes for Iowans. The awards were made to 10 rental housing projects located in Burlington, Charles City, Davenport, Des Moines, Jefferson, Knoxville, Mount Pleasant, Oskaloosa and Spirit Lake.

The Internal Revenue Service makes an annual per capita allocation of federal tax credits to each state for the Federal Housing Tax Credit program. The Iowa Finance Authority is charged with allocating those credits to affordable housing developers. The developers who receive tax credits sell them to investors to generate equity for the housing developments. The Iowa Finance Authority received 27 applications requesting nearly $30 million in housing tax credits in the 2024 tax credit round. IFA had a total of approximately $10.8 million available to allocate. The actual awards total nearly $106 million because the credits are committed annually for a 10-year period.

In addition to the federal housing tax credit awards, the projects received a total of $4.8 million in HOME program funds and a total of $2 million in National Housing Trust Fund and Senior Living Revolving Loan Funds.

“Housing is fundamental to the economic mobility of Iowans and the vitality of our communities,” said Iowa Finance Authority Director Debi Durham. “Congratulations to all nine communities receiving tax credits today, with a special recognition to the four designated as Iowa Thriving Communities, Charles City, Jefferson, Knoxville and Oskaloosa for their exceptional efforts in leveraging innovative practices to attract housing opportunities for their workforce.”

“The Carrie Lane Place development will bring 40 additional apartments to Charles City, enabling our workforce to live closer to where they work and creating positive ripple effects,” said City of Charles City Administrator Steven Diers. “We’re proud of our Iowa Thriving Communities designation, which we’re leveraging as a catalyst for both housing and economic growth.”

The full awards list is available here.