The Iowa Supreme Court has ruled against a 74-year-old Audubon man who was convicted of 3rd Degree Sexual Abuse of a female child. In their decision filed today (Friday), the High Court denied a judgement appeal and sentence for John Charles Donahue, who contended the district court erred by prohibiting his trial counsel from cross-examining the complaining witness about another allegation of abuse made by the witness. Donahue also claimed the district court submitted an erroneous jury instruction, and the verdict was not supported by sufficient evidence. When the court of appeals decision was affirmed, Donahue asked the State Supreme Court to review the case.

Donahue’s first trial ended with a hung jury and a mistrial. According to court records, Prosecutors in Iowa alleged Donahue committed third-degree sexual abuse against a person referred to in documents as “T.G.”   The incidents took place from July 31, 2014 through August 26, 2016, in Audubon County. After reviewing the case, the SUPCO concluded the district court did not abuse its discretion when it prohibited Donahue from questioning the victim about an incident in Carroll, and that the district court was not in error, when it submitted certain instructions to a jury. The Justices said also, “Based upon our review of the record, we conclude there is sufficient evidence to support Donahue’s conviction of sexual abuse in the third degree. As a result, we see no basis to disturb [his] conviction.”

(Radio Iowa) – The two prisoners charged in the murders of a nurse and guard at the Anamosa State Prison were both formerly held in the Woodbury County Jail. Twenty-eight-year-old Michael Dutcher, of Sioux City, and 39-year-old Thomas Woodard of Union, Nebraska are each charged with first-degree murder, attempted murder, and second-degree kidnapping in the Tuesday killings. Woodbury County Chief Deputy Tony Wingert remembers issues, Dutcher. “He was a problem inmate. With Dutcher, his actions made us more heightened, we would have extra officers escort him. He is in our computer numerous times while incarcerated for incidents — for acting out, for fighting for disobeying rules, for just being anti-social,” according to Wingert. “He was somebody we knew we had to be extra cautious around, because of what he was going to do.”

Wingert says the deaths at the Anamosa prison are a grim reminder that jail staff deal with dangerous inmates every day. “It’s a tragedy, it just shows how fast something can happen. No matter if you think you are doing everything right — something can change in the blink of an eye,” Wingert says. “And unfortunately with a tragedy like this, it does make our staff take a step back and go ‘alright I’ve got to up my game even higher.”

The D-C-I says Dutcher and Woodard struck and killed registered nurse Lorena Schulte and correctional officer Robert McFarland with a hammer when they tried to stop them from escaping. Dutcher and Woodard served time in Woodbury County on several robbery and theft charges. Wingert says Dutcher was in the Woodbury County Jail after a bank robbery in Holstein where he had a gun. And another gun was stolen.

Dutcher was taken to Anamosa in May of 2015 to serve a 50-year sentence for first-degree robbery, second-degree robbery, and other charges. Woodard arrived at Anamosa in 2017 for a 25-year sentence for first-degree robbery and burglary. Both now face life in prison if convicted of the murders.

(Radio Iowa) – Some Iowa insurance companies might start selling private flood insurance policies to cover homes if a bill that’s won House approval becomes law. Representative Gary Mohr, of Bettendorf, says these private policies could become a viable alternative to federal flood insurance. “Seldom do we get a chance in a single bill to help jump start a new, private sector marketplace product in Iowa,” Mohr says. “…With Iowa being a leader in the insurance industry, we see this as a potentially big, new, national private sector marketplace in the residential flood insurance market.”

An eligible insurance company must have a state certificate to do business in Iowa and a company would be required to file rates for its flood insurance policies with Iowa’s insurance commissioner. Representative Jon Jacobsen of Council Bluffs says this could be an important business opportunity. “Literally not a day goes by without questions from constituents on the flooding,” Jacobsen says. “Flood insurance has been a big issue for them.”

Representative Steven Hansen says because of federal flood insurance program rules, his constituents along Prairie Creek in Sioux City face significant hardships. “Hopefully this will give another alternative for some of those people who either are getting priced out of that market, couldn’t get a mortgage on their house because of it or any other number of problems with the flood insurance program.”

The bill, as written, would only allow private flood insurance policies to cover a primary residence. A non-profit group called First Street Foundation evaluates flood risks. It estimates nearly 300-thousand homes and businesses are at substantial risk of flooding between now and 2050. FEMA is scheduled to announce new rates for the National Flood Insurance Program on April 1st.

(Radio Iowa) – The Iowa House has approved changes in how schools may use state funding for the Teacher Leadership and Compensation program. Republican Representative Holly Brink of Oskaloosa says not every Iowa teacher wants to be in a leadership role. “Just like students learn differently, teachers may feel that they educate and lead differently,” Brink said, “so we should continue to support them.” Former Governor Terry Branstad led the charge to send schools state grants specifically to boost pay for teachers who coach or mentor other teachers.

If the bill becomes law, Brink says school districts could use any money left-over in other ways. “Education is a priority. We’ve spent a lot of time this year talking about that already,” Brink says. “We need to continue to evaluate the process and the systems to ensure that we are doing the best we can.” Representative Mary Mascher of Iowa City and many other House Democrats objected.

“We have one of the best mentoring programs for new teachers in the country,” Mascher says. “…To take funding away from that makes no sense at all.” Some Democrats raised objections about other parts of the bill. The legislation would get rid of the requirement that students must wait 90 school days when transferring to another school before they may play varsity sports.

Representative Dave Jacoby, a Democrat from Coralville, suggests there’ll be a summer draft for prospective high school athletes if the waiting period is reduced to 90 calendar days. “This bill is a launching for high school trading cards,” Jacoby says. “…Interestingly enough, the bill also has a provision to be retroactive. Is this a carve out for specific players — sorry, for specific students?” The bill would double the Iowa tuition and textbook tax credit for parents of K-through-12 students attending accredited public and private schools. Five Democrats, including the House Democratic Leader, joined Republicans in voting yes on the bill.