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IA SUPCO affirms conviction in Pott. County lascivious acts w/a child & sexual exploitation of a minor

News

March 22nd, 2019 by Ric Hanson

The Iowa Supreme Court, in its ruling this week, affirmed sentence of a man found guilty in 2016 Pottawattamie District Court cases for crimes related to his sex acts with two minors in separate cases.  49-year old Kenneth Edward Petty plead guilty to charges of lascivious acts with a child and sexual exploitation of a minor. He challenged his guilty pleas and sentences, claimed he was denied the right to counsel. Petty said the district court failed to comply with the Iowa Rule of Criminal Procedure in accepting his guilty pleas.

He contended that the the court did not adequately inquire into the alleged communication breakdown in the attorney-client relationship, imposed a surcharge in violation of Ex Post Facto clauses of the Iowa and U-S Constitution, and that the court erroneously ordered restitution without first determining his reasonable ability to pay. The Iowa Supreme Court determined Petty did not preserve error on his guilty pleas challenge, and that the record on appeal is insufficient to conduct an ineffective-assistance of counsel analysis. The Justices also found the record on appeal was insufficient to determine whether the lower court adequately inquired into the alleged communication breakdown. Both claims for post-conviction relief were left in-tact, if Petty wishes to pursue them,

The court agreed that the imposition of a surcharge was in violation of Ex Post Facto clauses, and that the lower courts’ erroneously ordered restitution without first determining his reasonable ability to pay, was in violation of the rule of law. They subsequently vacated both and remanded the sentences back to the District Court for entry of a corrected sentence and re-sentencing consistent with the IASUPCO opinion.

Pottawattamie County Sheriff’s report

News

March 22nd, 2019 by Ric Hanson

The Pottawattamie County Sheriff’s Office reports three men were arrested on separate charges, Thursday. 31-year old Bradley Adam Myers, of Council Bluffs, was arrested at the Pott. County Courthouse, on a State of Iowa warrant for Contempt of Court/Violation of a No Contact or Protective Order. 27-year old Christopher J. Plaza, of Omaha, was arrested after appearing in court. He was taken into custody on warrants for for felony Burglary in the 2nd Degree/Breaking & Entering, and Criminal Mischief in the 2nd Degree/Destruction/Damage or Vandalism of property. His bond was set at $15,000 altogether. And, 51-year old Derrick Dale Altena, of Sanborn, was arrested Thursday night for OWI/1st offense, after deputies investigated a vehicle that had crashed into a ditch and was abandoned. When law enforcement arrived on the scene, Altena was there, and showed signs of impairment. His bond was set at $1,000.

All three men were booked into the Pott. County Jail.

(Podcast) KJAN 8-a.m. News, 3/22/19

News, Podcasts

March 22nd, 2019 by Ric Hanson

More State and area news from KJAN News Director Ric Hanson.

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Woman who stole from Des Moines soccer club gets probation

News

March 22nd, 2019 by Ric Hanson

DES MOINES, Iowa (AP) — A woman who admitted stealing thousands of dollars from a Des Moines soccer club has been sentenced. Polk County District Court records say 34-year-old Brandi Preul pleaded guilty last week to felony theft. She was given a suspended prison term of five years, three years of probation and fined $750. She also was ordered to pay an undetermined amount of restitution.

Authorities say she stole more than $41,000 from the Greater Des Moines Over the Hill Soccer Club , which operates the Central Iowa Coed Soccer League. Preul was the league’s  commissioner to a time last year.

Heartbeat Today 3-22-2019

Heartbeat Today, Podcasts

March 22nd, 2019 by Jim Field

Jim Field visits with Freese-Notis Meteorologist Dan Hacks about the weird, wet weather we’ve had lately.

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Tyson recalls chicken strips due to metal fears

News

March 22nd, 2019 by Ric Hanson

WASHINGTON (AP) — Arkansas-based Tyson Foods is recalling more than 69,000 pounds of frozen, ready-to-eat chicken strips because they may be contaminated with pieces of metal. The U.S. Agriculture Department said Thursday the products were produced on Nov. 30, 2018, and have a best if used by date of Nov. 30, 2019. The products have the establishment number “P-7221” on the back of the packages.

The USDA says it received two complaints about the metal, but there are no confirmed reports of anyone being injured. The USDA is concerned the products could still be in freezers. Consumers should throw out the packages or return them to the place of purchase. The recall comes after Tyson in January recalled some chicken nuggets because customers said they found pieces of “soft, blue rubber” inside.

(Podcast) KJAN Morning Sports report, 3/22/19

Podcasts, Sports

March 22nd, 2019 by Ric Hanson

The 7:20-a.m. Sportscast with Jim Field.

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Another former tribal leader pleads guilty in casino theft

News

March 22nd, 2019 by Ric Hanson

OMAHA, Neb. (AP) — Another former Winnebago Tribal Council member has pleaded guilty to his role in stealing from the Nebraska-based tribe’s casino in Iowa. The Sioux City (Iowa) Journal reports that 41-year-old Travis Mallory entered the plea Thursday in U.S. District Court in Omaha. His sentencing is set for July 8. Mallory is one of nine former council members who were accused of a conspiracy to siphon more than $327,000 from the WinnaVegas Casino Resort in Sloan, Iowa. Charges against two of them have been dismissed.

An FBI investigation determined that while on the tribal council, the members had given themselves raises and bonuses totaling $327,500 directly from the casino without approving them at council meetings.

(Podcast) KJAN Morning News & Funeral report, 3/22/19

News, Podcasts

March 22nd, 2019 by Ric Hanson

The area’s latest and/or top news stories at 7:06-a.m. From KJAN News Director Ric Hanson.

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Creston Police report (3/22)

News

March 22nd, 2019 by Ric Hanson

The Creston Police Department reports 24-year old Mariah Noelle Johannes, of Creston, was arrested Thursday on an outside agency warrant. Johannes was being held without bond, pending an appearance before the Magistrate. And, 33-year old Michael Edward Baker, of Creston, was arrested a little after 3-a.m. today (Friday), for OWI/1st offense, and Possession of a Concealed Weapon. Baker was later released on a $2,000 bond.