Fourth District Court Judge Kathleen Kilnoski this (Thursday) afternoon declared a mistrial in the sexual abuse case of 52-year old Roger Allen Ericksen, of Lewis. The decision was made after the jury foreman announced they jurors were unable to reach a unanimous decision on the charges against Ericksen.

The foreman was asked by the Judge if any further deliberation, taking a recess and coming back on Friday would be helpful for the jury to reach a unanimous decision on the counts against Ericksen, to which the  foreman replied “No, at this time we’re at an impasse.”

The judge thanked the jury for their deliberations, which took almost 6 hours. Ericksen will remain in the Cass County Jail on $250,000 bond. A second trial date has not yet been scheduled.

Ericksen’s Attorney, Theordore Wonio, refused to comment following the ruling. Cass County Attorney Dan Feistner, who was the Prosecuting Attorney, representing the State of Iowa, said afterward that a mistrial means “It’s as if the current trial did not take place, and the State will have another opportunity to seek to retry the case again.” It’s not clear if the same jury who heard the case this week will be recalled for the second trial, or another jury will assume the role.

Ericksen had been accused of sexually assaulting a 14-year old female who lived in his home as a foster child. He was formally charged on December 13^th, 2011, with 46-counts of 3^rd degree sexual abuse, two counts of lascivious conduct with a minor and two charges of assault with intent to commit sexual abuse.

The charges were the result of a nearly four and one-half month long investigation that began July 25^th, 2011, after authorities received word of the incidents, which reportedly occurred between May 15^th, 2011 and July 25^th, 2011. The victim claimed she was allegedly sexually assaulted in a swimming pool, the defendant’s car, in her bedroom, and in front of a computer.

During the trial jurors heard from the victim, her step-sister, Department of Human Services and other officials, along with character witnesses for Ericksen, who testified they had no knowledge of any issues in the foster-home run by the man and his wife since 2005. Some of the witnesses characterized the teen as one who told lies to get out of trouble. One even described her as a “drama queen.” Roger Ericksen testified he thought she made up the story in an attempt to get back together with her biological mother.

Evidence presented at the trial included sex toys, at least one of which included the alleged victims’ DNA, but a positive identification could not be made on other DNA found on those same items. And, a nurse who conducted a physical exam of the teen four days after the incidents were reported, said while she found no evidence of a sexual assault, those types of injuries typically heal quickly in a person of that age.

Ericksen’s trial began Tuesday afternoon and concluded Wednesday evening.

LINCOLN, Neb. (AP) – An Omaha man has been sentenced to nine months in federal prison for his unauthorized use of a military-issued gas card.  United States Attorney Deborah Gilg says that 32-year-old Terrell Smith was sentenced Wednesday in Lincoln federal court for use of an unauthorized access device. He must also pay restitution of nearly $23,000.

Federal authorities say the Nebraska Air National Guard noticed in October that the credit card assigned to a National Guard recruiter was being used at gas stations in north Omaha and Council Bluffs, Iowa, to buy large quantities of gas.  The FBI and General Services Administration determined that Smith repeatedly used the card to put $22,882 worth of gas into his car and into the cars of friends.   Smith told authorities he found the card.

Firefighters from Anita and Wiota were called to the scene of a hay bailer and field fire south of Wiota, this morning. Crews were dispatched to 68284 Jasper Road, just before 10:30-a.m. Fire Chief Duane Murphy said an overheated bearing in the bailer sparked the fire.

The Atlantic Police Department reports the arrest Wednesday, of 19-year old Mathew Kern, of Atlantic. Kern was taken into custody on a charge of Driving While License Revoked. Kern was brought to the Cass County Jail and held pending an appearance before the magistrate.

The Cass County Board of Supervisors will meet Friday morning, in Atlantic. During their 9-a.m. session at the courthouse, the Board will receive a report from Public Safety Committee Chair Steve Livengood, with regard to relocation of the Public Safety/Communications Center. Last October, the Supervisors gave permission for Livengood to begin a fact-finding mission in advance of a possible, future expansion and/or relocation of the County Communications Center.

Livengood said the reason the Commission wants to explore all the options, is because the Comm Center…located in the basement of the Courthouse, is beginning to run out of room, and future equipment needs are likely to press the space to the limit. In other business, the Cass County Board of Supervisors will discuss and possibly act on the temporary closure of roads near the Atlantic Municipal Airport, in preparation for the September 15th “Fly Iowa Heritage and Homecoming Show.”

The Board will also act on authoring Board Chair Duane McFadden to sign the final Iowa DOT contract construction voucher with Henningsen Construction, as it pertains to a resurfacing project on County road M-56, north of Marne. They’ll also act on a resolution for a public hearing on the vacating of a portion of 662nd Lane (Benton Township/Section 7), and, act on appointing a member and alternate to the Southwest Iowa Mental Health Planning Committee.

At 10:30-a.m., the Board will discuss an economic development project in the Amaizing Energy Urban Renewal Area, with guest Kathy Schowalter, from Planscape Partners.