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Interpreting ruling on testimony from children in Iowa courts

News

July 3rd, 2024 by Ric Hanson

(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.

JUSTIN ALLEN KNUTSEN, 37, of Cumberland (Celebration of Life 7/9/24)

Obituaries

July 3rd, 2024 by Ric Hanson

JUSTIN ALLEN KNUTSEN, 37, of Cumberland, died Tuesday, July 2, 2024. A Celebration of Life Gathering for JUSTIN KNUTSEN will be held from 4 until 6 p.m. on Tuesday, July 09, 2024, at the Schmidt Family Funeral Home in Atlantic.

A private inurnment  will be held at a later date in the Brighton Township Cemetery, near Marne.

Memorials may be directed to the Knutsen Family in his honor. They will be designated at a later date and may be mailed to the Schmidt Family Funeral Home, P.O. Box 523, Atlantic, IA 50022.

JUSTIN KNUTSEN is survived by:

His mother – Bonnie, of Cumberland.

And a large circle of aunts, uncles, cousins, and friends. Their love and support have been a source of strength during this difficult time.

 

2024 SEVENTH Iowa Girls High School Softball Rankings

Sports

July 3rd, 2024 by Asa Lucas

1A/2A FINAL RANKINGS WILL BE POSTED MONDAY, JULY 8
3A/4A/5A FINAL RANKINGS WILL BE POSTED THURSDAY, JULY 11

 

Class 5A
School
 Record
LW
1
West Des Moines Valley
28-4
1
2
Pleasant Valley
33-3
3
3
Johnston
26-9
5
4
Muscatine
24-10
7
5
Waukee Northwest
25-6
2
6
Ankeny Centennial
24-8
4
7
Cedar Rapids Kennedy
22-12
8
8
Ankeny
19-16
6
9
Iowa City Liberty
20-11
11
10
Southeast Polk
17-18
10
11
Urbandale
20-16
12
12
Des Moines Roosevelt
24-12
9
13
Dubuque Senior
20-12
15
14
Waukee
16-17
13
15
Des Moines Lincoln
24-11
14
 
Dropped Out:  None
 
Class 4A
School
Record
LW
1
North Polk
31-3
1
2
Dallas Center-Grimes
29-5
2
3
Norwalk
26-5
3
4
Fort Dodge
28-9
4
5
ADM
25-8
6
6
North Scott
28-5
5
7
Cedar Rapids Xavier
27-10
7
8
Western Dubuque
25-6
8
9
Carlisle
26-8
9
10
Winterset
20-14
11
11
Bondurant-Farrar
23-9
11
12
Clear Creek-Amana
22-11
12
13
Burlington
17-5
13
14
Sergeant Bluff-Luton
24-6
14
15
Storm Lake
19-3
NR
 
Dropped Out: Gilbert (15)
 
 
Class 3A
School
Record
LW
1
Benton
27-6
2
2
Williamsburg
25-11
1
3
Dubuque Wahlert
22-8
3
4
Mount Vernon
29-9
4
5
Davenport Assumption
20-12
5
6
Estherville Lincoln Central
26-5
6
7
Sumner-Fredericksburg
29-3
7
8
PCM
20-3
8
9
Clarinda
30-6
9
10
West Lyon
19-2
10
11
West Liberty
19-9
11
12
Albia
15-9
NR
13
Washington
22-10
13
14
West Marshall
21-8
12
15
Central Lee
23-6
14

Dropped Out: Chariton
 
Class 2A
School
Record
LW
1
Van Meter
34-1
1
2
Alburnett
29-5
2
3
Northeast
21-6
3
4
Cardinal
23-7
5
5
Audubon
23-4
4
6
Iowa City Regina
19-11
6
7
Lisbon
24-9
8
8
East Marshall
27-4
9
9
West Monona
28-7
7
10
Interstate 35
18-14
10
11
Louisa-Muscatine
29-4
11
12
Durant
19-15
13
13
Eddyville-Blakesburg-Fremont
18-13
NR
14
Pocahontas Area
17-7
NR
15
Treynor
14-10
14

Dropped Out: Wapsie Valley (12), Missouri Valley (15)
 
Class 1A
School
Record
LW
1
Martensdale-St Marys
25-4
1
2
Wayne
20-4
2
3
Remsen St. Mary’s
19-0
3
4
Fort Dodge St. Edmond
21-5
4
5
Collins-Maxwell
23-3
5
6
Sigourney
19-6
6
7
Southeast Warren
19-2
7
8
North Linn
26-11
8
9
Newell-Fonda
24-6
9
10
Mason City Neman Catholic
27-3
10
11
Earlham
24-12
11
12
Griswold
24-3
13
13
Edgewood-Colesburg
24-10
14
14
Clarksville
17-8
13
15
Woodbine
17-3
NR
 
Dropped Out: Akron-Westfield

Gov. Reynolds issues proclamation for additional provisions for counties impacted by recent widespread flooding

News

July 3rd, 2024 by Ric Hanson

DES MOINES – Gov. Kim Reynolds has issued a proclamation for Buena Vista, Cerro Gordo, Cherokee, Clay, Dickinson, Emmet, Floyd, Fremont, Harrison, Hancock, Humboldt, Kossuth, Lyon, Mills, Monona, O’Brien, Osceola, Palo Alto, Plymouth, Pocahontas, Pottawattamie, Sioux, Webster, Winnebago, Woodbury, Worth and Wright Counties in response to the widespread flooding in Iowa.
The governor’s proclamation allows for the additional targeted suspension of specific regulatory requirements in affected counties to effectively respond to and recover from the effects of this event and protect public peace, health, and safety.

Update: I-29 and I-680 near Council Bluffs to partially reopen this afternoon at 6 p.m. following flooding

News

July 3rd, 2024 by Ric Hanson

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.

Updates from the John Deere Classic

Sports

July 3rd, 2024 by Asa Lucas

Nine former champs are in the field for Thursday’s start of the John Deere Classic in the Quad Cities. George McNeilly reports.

The John Deere Classic tees off in the Quad Cities on Thursday and there are plenty of big names in the field. The tournament has also been known for giving young golfers a chance and George McNeilly reports this week is no different.

Cannon fire will accent the conclusion of tonight’s patriotic state capitol concert

News

July 3rd, 2024 by Ric Hanson

(Radio Iowa) – As many as 100,000 people are expected to attend tonight’s Yankee Doodle Pops concert on the West Terrace of the Iowa State Capitol grounds. The 30th annual event highlights the Des Moines Symphony, where spokeswoman Calla Whipp says it’s Iowa’s largest single-day concert event.

“We have live concert starting at 6:30 p.m. with two jazz groups, and then the orchestra takes the stage around 8:30 p.m.,” Whipp says. “It’s patriotic favorites for about an hour and a half and it ends with fireworks. They play the ‘1812 Overture’ and we have cannons, which is kind of fun and unique.”

The winner of the symphony’s annual “Oh Say, Can You Sing?” contest will open tonight’s show with “The Star-Spangled Banner,” and Whipp says one of the evening’s featured vocalists is Hugh Panaro. “He is a Broadway star. He’s been in 2,000-plus showings of ‘The Phantom of the Opera’ as the Phantom and then also as Raul, so he toured with the Phantom,” Whipp says, “and then Carrie Ellen Giunta will be joining him for a couple of duets. She’s actually local, too, which is kind of fun.”

The Des Moines weather forecast calls for a 30-percent chance of showers tonight, so she’s hoping the clouds cooperate — or at least wait until after the show, as the concert always draws an enormous audience.

Des Moines Symphony photo

“There is a very large crowd that comes,” Whipp says. “We have people that start staking their claim on the grounds as early as eight o’clock in the morning, which is kind of crazy, but there’s always plenty of space on the lawn. It’s big. You can hear the music as there are speakers everywhere.”

Tonight’s concert is free to attend and will be broadcast live both on Iowa PBS and Iowa Public Radio.

(Update) Woman bitten by a pit bull NW of Marne; 2nd person suffers minor abrasions

News

July 3rd, 2024 by Ric Hanson

(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.

Iowa Finance Authority Awards more than $10.6 Million in Federal Housing Tax Credits for the Construction of more than 400 Rental Homes in 9 Communities

News

July 3rd, 2024 by Ric Hanson

(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.

Atlantic woman appointed to Community Foundation for Western Iowa Board of Directors

News

July 3rd, 2024 by Ric Hanson

(Council Bluffs, IA) – The Community Foundation for Western Iowa today (Wednesday) announced the appointment of two new members to its Board of Directors, Christina Bateman of Atlantic, Iowa, and Kevin Cabbage of Stanton, Iowa. Bateman and Cabbage joined the Community Foundation’s 15-member board comprised of dedicated community members and leaders committed to improving the lives of all residents in western Iowa. The two began their three-year terms in May, with the option to serve a maximum of three terms.

Christina Bateman

Kevin Cabbage

Donna Dostal, CF President and CEO, said “On behalf of the Board of Directors and staff, we are delighted that Christina and Kevin are joining our Board during such a fundamental time at the Community Foundation. As we continue to grow and expand our services throughout western Iowa, their leadership and expertise will be essential. Given their involvement in the communities of Atlantic and Stanton, I am confident Christina and Kevin will play an important role on the Community Foundation’s future.”

Christina Bateman has been a realtor with Meyer and Gross Real Estate Co. for over 10 years, and previously worked as a project manager for her family’s commercial construction company, Allied Engineering. She and her husband, Joe, and their children reside in Atlantic, Iowa, and in her freetime, Christina enjoys walking, reading, and cheering on the Iowa Hawkeyes.
Bateman is passionate about her hometown and serving others. She is a member and past president of the Atlantic Rotary Club; founder and president of Faith’s Friends; member and past president of the Atlantic YMCA board; a committee chair for the Ann W. Wickman Child Development Center; Board member of Cass/Atlantic Development Corporation; member of Atlantic Community Development LLC; and co-founder and president of Vision Atlantic Inc.

Kevin Cabbage is the chief executive officer at Farmers Mutual Telephone Company in Stanton, where he started as a technician in 1983 and has been employed for over 40 years.
Cabbage is involved in numerous professional organizations, some of which include: the Governor’s Empower Rural Iowa Initiative; chairman of the Iowa High School Sports Network board; CEO of the Stanton Old Lumber Yard (OLY) Events Center; president of the Southwest Iowa Network board; Alquist 3D Printing board and advisory committee chair; and Cellular 29, Ltd. Board. Additionally, Cabbage volunteers his time with the following community organizations: Stanton Child Resource Center board; chairman of the City of Stanton Vision committee; board of trustee member at Montgomery County Memorial Hospital; and board member with the Stanton Community Foundation.

The Community Foundation also welcomed new committee members to help advance the organization’s mission of “creating a lasting legacy in our region by engaging our citizens and communities for durable change and fostering a culture of philanthropy”:

  • Jacob Cool, Director of Member Services at the Council Bluffs Greater Area Chamber of Commerce and 712 Initiative, and Kimberly Schneckloth, owner of The Acres Event Center, both joined the Community Impact Grants committee;
  • Ryan Daisy, Associate Attorney at Willson & Pechacek, P.L.C., joined the Education committee;
  • Meridith Dillon, Director of Strategic Growth and Innovation at Blair Freeman, joined the newly established Housing committee;
  • Cara Marker-Morgan, Executive Director at Golden Hills RC&D, joined the committee for the Women’s Fund of Southwest Iowa;
  • and Evan Summy, Vice President of Midwest Ag Services, Inc., and Travis Castle, owner and agent at American Family Insurance – Castle & Associates, Inc., both joined the Unmet Needs committee.

About Community Foundation for Western Iowa:

The Community Foundation for Western Iowa, formerly Pottawattamie County Community Foundation, is a tax-exempt public charity, 501(c)(3), that serves thousands of people who share a common interest in improving the quality of life in Western Iowa. Through the Community Foundation, individuals, families, businesses and organizations can create permanent charitable funds that help their communities meet the challenges of changing times. The foundation invests and administers these charitable funds. The Community Foundation is overseen by a volunteer board of leading citizens and run by professionals with expertise in identifying the needs of their community.

In 2023, investors at the Community Foundation awarded 320 grants totaling an astounding $5.4 million dollars to a variety of nonprofit organizations. To learn about the Community Foundation’s growth and impact, view its recent annual report at: www.givewesterniowa.org/impact/report.