Shantres Johnson, 21, of Cedar Rapids, and Raymond Sellers, 24, of Chicago, have each pleaded not guilty to first-degree robbery, two counts of attempted murder, two counts of willful injury causing serious injury, conspiracy to commit a forcible felony and going armed with intent. Sellers also pleaded not guilty to a count of possession of a firearm as a felon.

The two are accused of attempting to kill Shannon Gaskins, 21, and Alexander White, 22, during an April 20 robbery at their home, 311 Kirkwood Ct. SW, No. 1.

Scheduled for trial the same day is Teran Huff of Des Moines, who pleaded not guilty last week to the same charges as Sellers, minus the count of first-degree robbery.

All three are being held in the Linn County Jail under bonds.

Sheriff officers lead Isaiah Sweet into the Clayton County Courthouse in Elkader, Iowa Tuesday May 15, 2012. Sweet is being charged for killing his grandparents Richard and Janet Sweet of Manchester, Iowa on Friday May 11. (AP Photo/Dubuque Telegraph Herald, Dave Kettering, Pool)

Police were called to the home of Richard and Janet Sweet numerous times in the last year for problems, including some violent encounters with their grandson, Isaiah Sweet, who is accused of killing them over Mother’s Day weekend, according to service call records from the Manchester Police Department.

Either Richard Sweet, 55, or his wife Janet, 62, called police for help with Isaiah Sweet 18 times from March 2011 to April 11 of this year, the records show.

Isaiah Sweet, 17, was charged last week with first-degree murder. According to a search warrant, Isaiah admitted to police that he shot his grandparents, who were his legal guardians, after contemplating hitting Richard Sweet with a baseball bat. Richard and Janet Sweet’s bodies were found by relatives lying on a living room sofa. Each had gunshot wounds to the head. Family members found the bodies in the Manchester home May 13 as they were coming over to celebrate Mother’s Day.

The service calls included Richard or Janet Sweet asking for help with their grandson because he was threatening them, kicking his grandfather, using drugs, arguing with them and not coming home at night.

The most recent call April 11, before the Sweets’ death, concerned Isaiah using a lighter and a can of aerosol to make a blow torch. Richard Sweet told a dispatcher he was a truck driver on the road, and his grandson Isaiah was home with his grandmother, attempting to start fires in their Manchester home.

According to the dispatcher, Janet Sweet didn’t want Isaiah charged; she just wanted him “back under control.” No one was hurt in the incident.

The calls seemed to escalate in 2011, going from a “little family dispute” March 28, 2011 to Isaiah Sweet kicking his grandfather in the stomach May 16, 2011. During that call, an officer stated Isaiah tried to bring his bike inside the house. Janet Sweet told Isaiah to put the bike in the garage, and he cursed her and refused to do it.

Richard Sweet overheard the conversation and also told Isaiah to put his bike in the garage, according to records. Isaiah told police his grandfather hit him in the face, and that’s why he kicked him, but Janet and Richard Sweet told the officer Richard didn’t “lay a hand on him.”

At this point, Stacy Sweet, Isaiah’s mother, arrived at the house and took Isaiah to her home for the night, according to the records. The officer stated in the report that Janet and Richard Sweet were Isaiah’s legal guardians.

Other calls for service:

• June 22, 2011: Isaiah was arguing with his grandfather for most of the day, and his grandparents said Isaiah was making threats towards the family, police and the public, according to the records. Isaiah told police “it was stupid and he would not do it.” The officer noted the family was trying to get Isaiah in for an “evaluation,” but he was not cooperating. Richard and Janet Sweet wanted the officer to take Isaiah in, but the officer didn’t see “cause at the time.” The grandparents then asked about placing Isaiah in foster care, and the officer told them that wasn’t an option because his mother could take him in. They didn’t want that, records show.
• June 30, 2011: Isaiah was taken for mental commitment to St. Luke’s Hospital, and there was a request for police to be in the area in case assistance was needed, according to the records. No other notes on the report.
• Aug. 2, 2011: Janet Sweet said her grandson was being violent. He broke a phone and then left.
• Aug. 3, 2011: The Sweets said they didn’t know what to do with Isaiah since he had returned from his commitment. They were having problems with him and had an order for a commitment, but didn’t know if they should use it. The officer advised them to speak with their counselor or therapist.
• Sept. 2, 2011: Betty Adsit reported her great-grandson, Isaiah Sweet stole $100 from her purse and left school after second hour class.
• Sept. 8, 2011: Richard Sweet said Isaiah was threatening his sick wife and threatening to beat up and kill him and burn down their house. Isaiah didn’t respond to the officer’s commands when he arrived, and at one point, Isaiah got up from the couch and “went towards” his grandparents before police intervened. His grandparents didn’t want to pursue charges, and Isaiah was released to their custody. Officers warned Isaiah if they returned, he would be charged.
• Oct. 4, 2011: Janet Sweet reports more trouble with Isaiah.
• Oct. 5, 2011: Isaiah’s grandparents said Isaiah was calling them names and wouldn’t come home at night.
• Oct. 7, 2011: Richard Sweet reported a 16 1/2 year old was threatening Isaiah.
• Oct. 8, 2011: Janet Sweet reported a missing bottle of medication.
• Oct. 11, 2011: Janet Sweet said Isaiah was asking for money again, and she believed it was for drugs. Some of the report is redacted, and the next line states – “threatened to beat them up and break into the house.” An officer talked to Isaiah, who said he didn’t know what was going on. He doesn’t like being at home.
• Oct. 20, 2011: Janet Sweet said she found a marijuana pipe in Isaiah’s room, and he was gone. “They have not sought an order for pickup yet for his substance abuse. Richard has overheard conversation about Isaiah selling marijuana.”
• Oct. 26, 2011: Police conduct a consent search of Sweet’s home and find marijuana pipe.

Mug shot of Isaiah Sweet, accused in the murder of his grandparents in Manchester.

A teenager charged with first-degree murder told investigators he first considered hitting his grandfather with a baseball bat before deciding to shoot him and his wife instead, according to search warrants filed Friday in Delaware County District Court.

Isaiah Sweet, 17, of Manchester, is accused of killing Richard Sweet, 55, and Janet Sweet, 62, earlier this month in the home he shared with them.

Authorities have said they were last seen alive around 7:30 p.m. May 11. Family members arriving for a Mother’s Day visit on May 13 found the Sweets’ bodies on a living room sofa; each had been shot in the head, the warrant said.

Isaiah Sweet was captured the following day in Cedar Rapids. According to a criminal complaint, he’d told three witnesses over the weekend that he’d killed his grandparents.

Items removed from the home during the search included a spent rifle casing, ammunition and two knives, according to the search warrant.

The warrant also says Manchester police had been called to the family’s home in the past for reports of verbal and physical abuse. No further details were available.

Sheriff officers lead Isaiah Sweet into the Clayton County Courthouse in Elkader, Iowa Tuesday May 15, 2012 for his initial appearance. Sweet is being charged for killing his grandparents Richard and Janet Sweet of Manchester, Iowa. on Friday May 11. (AP/Dubuque Telegraph Herald/ Pool)

It’s rare for a teenager to be accused of killing a parent or guardian, but it happens, and when it does, experts say it often stems from disturbing circumstances.

Isaiah Sweet, 17, was charged last week in the fatal shootings of his grandparents, Richard and Janet Sweet of Manchester. Police haven’t offered a motive or given many details of what happened from the last time the couple was thought to be alive May 11 to when their bodies were found in their home May 13.

Three witnesses told police Sweet admitted killing his grandparents, according to the warrant for his arrest on first-degree murder charges.

Forensic psychologists said they couldn’t comment on Sweet’s case, but agreed to shed some light on why some teens resort to deadly violence.

There were an average of 250 cases a year from 2000 to 2007 involving adolescents ages 12 to 17 who killed a parent or guardian, said Robert Kinscherff, clinical/forensic psychologist and director of Forensic Studies at Massachusetts School of Professional Psychology in Boston. That is less than 2 percent of all homicides, according to FBI statistics.

Kinscherff, also an attorney, said juveniles who kill usually fit into one of three categories. About 90 percent are severely abused or maltreated, 4 percent to 5 percent are extremely mentally ill and 3 percent to 4 percent have a long history of antisocial behavior and are manipulative, calculated and cold-blooded.

Kinscherff said in the first category, the teen has suffered from extreme trauma. There is a pattern of abuse or they are exposed to “intimate partner violence” for a long time, such as the father abusing the mother and the teen becoming the mother’s “defender.”

Kinscherff said in these severe circumstances the families become isolated with no outside source for help and there is usually a pattern of substance abuse in the family. The deadly event occurs when there’s an escalation in violence and the teen feels he or the parent he’s protecting isn’t safe.

Mug shot of Isaiah Sweet, accused in the murder of his grandparents in Manchester.

Craig Shifrin, clinical/forensic psychologist in Springfield, Mo., said it’s rare that abused juveniles kill their abuser unless they are deeply disturbed or it’s a severe abusive situation. Most adolescents in situations like that run away or attempt suicide.

Kinscherff agreed, saying juveniles are more likely to be killed by a parent.

Adolescents in the second category suffer from extreme mental illness and usually haven’t received any effective mental health care, the psychologists say.

“These are kids who are acutely paranoid and they believe that parent is going to hurt them, so they’re acting in self-defense and they usually use a firearm,” Kinscherff said. “Almost all juvenile killings are with handguns because it’s usually what’s around.”

In the last category are teens with a long history of antisocial behavior, Kinscherff said. They are unemotional and callous, they break rules at home and school and are devoid of guilt and remorse.

“They see parents as being in their way … an obstacle to something they want,” Kinscherff said.

Kinscherff said a good example is a case he evaluated where a 15-year-old boy with a long history of conflict shot his parents execution-style because he became enraged when they wouldn’t give him money to go see his girlfriend. He then shot his sister to eliminate any witnesses, hid the bodies and then pretended to be distraught and helped the police search for the bodies.

“He was predatory and tried to throw suspicion off himself,” Kinscherff said. “He also fabricated some story and tried to claim maltreatment but that didn’t work.”

Shifrin and Kinscherff said one thing to keep in mind regarding adolescent behavior is that they react differently than adults in stressful or traumatic situations because their brains are not fully developed.

Kinscherff said what someone may describe as “partying” could be a way a teen tries to manage emotional stress.

“They are using whatever is available to them at the time,” Kinscherff said.

Shifrin said teens act more impulsively and make poor judgments because they only consider the moment and aren’t thinking about the future or consequences.

“They are less capable of identifying options, especially under stressful situations,” Kinscherff said. “Adolescents are more prone to volatile situations.”

Kelli Fisher

The Manchester teen accused of killing his grandparents over the weekend had a hunting knife, marijuana and bottles of prescription pills with him when he took his ex-girlfriend and her friends to a party in Iowa City Saturday, according to one of the girls who saw him over the weekend.

Kelli Fisher, 19, of Cedar Rapids, described Isaiah Sweet, 17, as a “weird boy” who seemed to be showing off for her and three other women he drove to a party about 10 p.m. Saturday. This was the first time Fisher had met Sweet, her friend’s ex-boyfriend, and she said she never suspected he would be arrested two days later for murder.

Sweet’s legal guardians — his grandparents, Richard Sweet, 55, and Janet Sweet, 62 — were found dead Sunday in their Manchester home. An autopsy report released Wednesday confirmed the couple died from gunshot wounds. Sweet was charged Tuesday with two counts of first-degree murder.

According to a criminal complaint, one witness told police Sweet said he drugged his grandparents and thought they were dead because he couldn’t feel a pulse on Saturday. Two other witnesses told police Sweet admitted to killing the couple.

“He was very nervous – visibly shaking,” Fisher said. “I think he thought one of the girls with us was pretty. He was showing off  because we were all older than him. He was driving fast and we were telling him to slow down.”

Fisher said her friend, Jade Offerman, dated Sweet about four months ago. She knew he was in the area Saturday night and asked him to give them a ride to the party in Iowa City. The truck he was driving was his grandfather’s, she said.

When contacted by a reporter, Offerman declined to comment.

Fisher, who was interviewed by police on Sunday, said at one point during the evening, Sweet showed the women his “new knife.” Fisher said she didn’t know what to make of it.

“It had jagged edges,” Fisher said. “Like a hunting knife, but the blade wasn’t long. He kept in the sun visor. We were like….OK.”

After the party, they went to a convenience store, but only Sweet and another girl got out, Fisher said. When Sweet tried to open the door, the alarm sounded because the store was closed. Police then arrived at the store and questioned the group.

According to Fisher, that’s when police discovered Sweet didn’t have consent to drive the truck and didn’t have a license to drive, but Sweet told officers that Offerman was driving and he was “just checking the mirrors.”

“They knew he was lying,” she said. “We told police there were bottles of pills — hydrocodone and oxycodone — in the truck.”

Another friend came to pick up the girls, but Isaiah was taken to the Iowa City Police Department.

Fisher said something seemed “off” about Sweet, but she didn’t think that much about it until later. He asked if he could stay on one of their couches for the night, and then asked one of the friends if he could stay with her for a week.

“She didn’t really answer him,” Fisher said. “Then I remember him talking about starting the day with $9 and then he pulled out this cash. I saw a $50, but I don’t know what else he had. We asked him how he got the money, but he just kind of shook his head and walked away.”

Fisher said Sweet only mentioned his grandparents once on Saturday, saying he didn’t graduate from high school because his grandmother was always in the hospital. She had leukemia.

“He seemed angry about it,” Fisher said.

Fisher said she wasn’t too concerned about Sweet until she heard police were looking for him on Sunday. She said she went to stay with her parents.

“I was kind of scared when I found out (more information) Monday,” she said.

Sweet remains in the Buchanan County Jail on a $1 million cash-only bond.

Daryl Bentley will have his initial appearance at 10:30 a.m. Friday in Linn County District Court on a charge of second-degree sexual abuse. He’s accused of sexually abusing a 9-year-old girl in 2008 and 2009, according to a criminal complaint.

Bentley admitted the contact when questioned by investigators but said it was accidental, according to the criminal complaint.

He previously pleaded guilty to third-degree sexual abuse and was sentenced to 10 years in prison in March 2010 for sexually abusing the 4-year-old girl.

Antoine Hendricks, 35, of Cedar Rapids, pleaded guilty to one count of failure to register as a sex offender. During the plea hearing, Hendricks admitted he knowingly failed to register, as required by the Sex Offender Registration and Notification Act, between September and Dec. 20, 2011.

Hendricks was required to register because he was convicted in Linn County for third-degree sexual abuse in 1996.

Hendricks faces up to 10 years in federal prison and a $250,000 fine. A sentencing date hasn’t yet been set.

Teran Huff

CEDAR RAPIDS — A Des Moines man accused of attempting to kill two people during a robbery at the Kirkwood Court Apartments last month made a written plea of not guilty Tuesday and had his trial scheduled for July 16 in Linn County District Court.

Teran Huff pleaded not guilty to two counts of attempted murder, two counts of willful injury causing serious injury, conspiracy to commit a forcible felony, going armed with intent and possession of a firearm as a felon.

Huff is accused of shooting residents Shannon Gaskins, 21, and Alexander White, 22, during an April 20 robbery at 311 Kirkwood Ct. SW, No. 1. Gaskins’ sister, Amanda Brown, told The Gazette last week that a bullet severed her spinal cord and left her paralyzed from the waist down.

Also charged in the case are Raymond Sellers, 24, of Chicago, and Shantres Johnson, 21, of Cedar Rapids. Both are charged with first-degree robbery, two counts of attempted murder, two counts of willful injury causing serious injury, conspiracy to commit a forcible felony and going armed with intent. Sellers also is charged with possession of a firearm as a felon.

All three remain in the Linn County Jail under bonds.

Kellee Cortez, assistant district court administrato,r demonstrates how the judge's bench can be raised or lowered in one of the eight courtrooms on the first level of the Linn County Courthouse on Friday, May 11, 2012, in Cedar Rapids, Iowa. Renovation of the first floor of the courthouse is almost complete. Eight courtrooms are located on the first level as well as judges' chambers and other offices. (Jim Slosiarek/The Gazette-KCRG)

CEDAR RAPIDS — After four long years, the first floor of the Linn County Courthouse, which was flooded in 2008, will be open for court proceedings Monday.

The eight new courtrooms, conference rooms and judges’ chambers were getting their final cleanups Friday before the first phase of the $6.3 million renovation project opens to the public. There will be two courtrooms for associate District Court jury proceedings and six courtrooms for non-jury proceedings.

The flood affected the entire courthouse. It closed and services moved to Kirkwood College’s Continuing Education Center for about three months.

At the first-floor entrance, terrazzo tile with pieces of the old flooring pays tribute to the flood. It reads, “dedicated in honor of those Linn County citizens whose lives were changed forever by the flood of 2008.”

The clerk’s office and all the court files were previously on the first floor but more than $5 million was spent on restoring flood damaged files, so moving the clerk’s office up to the main lobby was a priority, court administrator Carroll Edmondson said earlier this year.

Sixth Judicial District Judge Mitchell Turner said it’s great to see the first floor renovation completed.

“The additional courtrooms and staff area, equipped with current technology, are a very welcome and needed addition to the Linn County Courthouse,” Turner said. “The dedication of these new facilities to those citizens whose lives were forever changed by the flood of 2008 is both fitting and appropriate. Hopefully, it will become an example of the old adage that good things come to those who wait. Thank you to everyone who has worked so long and so hard to make this a reality.”

Pieces of the original flooring are inlaid into the new terrazzo floor on the first level of the Linn County Courthouse on Friday, May 11, 2012, in Cedar Rapids, Iowa. The design is part of a memorial dedicated to people affected by the flood of 2008. Renovation of the first level of the courthouse is almost complete. Eight courtrooms are located on the first level as well as judges' chambers and other offices. (Jim Slosiarek/The Gazette-KCRG)

Kellee Cortez, the assistant District Court administrator who schedules trials, said the two larger jury courtrooms also can be used for felony cases if needed, which could help her avoid last-minute changes to the schedule.

The rest of the courthouse renovation will be completed next year. The county attorney’s office is relocating to the third floor and the traffic and small claims divisions that moved to Westdale Mall will move back in June. They will temporarily be housed on the first floor but will move to the main lobby when the other renovations are completed.

Pending renovations include a walkway from the jail to the courthouse on the third floor and some additional jury deliberation rooms on the fourth floor.

Adam has been diagnosed with post-traumatic stress disorder. He’s not a soldier who was in combat, but he has battle scars just the same. Adam is a 6-year-old who was sexually molested three years ago at a day-care center for about two months. Those few months forever changed his life.

“He was our happy, jolly baby. We use to call him our little Buddha. Every once in a while … I see him being joyful but … there’s no more innocence in my baby,” said Jane, Adam’s mother, nearly tearing up.

Adam’s abuser, Zebedee Hodge, 40, has been convicted and is serving 20 years in prison but the suffering for the child victims doesn’t end when their abusers are sentenced. Mental health professionals say many children suffer long-term effects and require therapy.

Jane and two other parents shared their children’s recovery process with The Gazette in hopes it might provide courage and support to other families dealing with child sexual abuse. Real names are not being used in this story to protect the victims’ identities.

The other two victims were sexually abused by the same man, a close friend of their families. They are much older than Adam but also are struggling to heal.

Anne, now 24, was abused from age 6 to 10. She told her mother and police about the abuse last year but won’t talk about it today and refuses to get therapy, said her mother, Beth.

The abuse changed Anne’s life, Beth said. She had problems all through high school. She’s a talented artist but she had trust issues and lacked the confidence to accept an art scholarship after graduation. She can’t hold down a job because “it’s too overwhelming” for her and her mother is worried about her future.

Karen, now 18, has Williams syndrome, a rare genetic condition, and is developmentally disabled, so her mother thinks Karen is handling things but it’s difficult to tell since she’s always been friendly and outgoing. But recently she’s developed trust issues with men and doesn’t want them to touch her. She was abused from age 13 to 17.

“She will talk about it and then go back to playing the piano,” Nancy said. “She just put it away.”

Anne and Karen found out last week their abuser, Daniel Martin, 68, of Cedar Rapids, died from cancer. He pleaded guilty to lascivious acts with a child last month but had not been sentenced.

Beth worries her daughter won’t have closure, but Karen told Nancy she “felt free.”

Sandra Fischer, a clinical psychologist with Horizons in Cedar Rapids, said many children experience similar long-term effects like Adam. Anne’s refusal of therapy is common, Fischer said.

People think of children as resilient but that isn’t the case when it comes to sexual abuse, Fischer said.

They have experienced a traumatic event and it can change the way their brain develops, she said. For example, a girl who has been sexually abused will go through puberty sooner. They also might become more hyper-responsive, have sleep problems and can be less trusting.

Fischer said one-third of sexually abused children develop psychological problems and they experience higher rates of physical problems.

Post-traumatic stress disorder isn’t unusual for children of sexual abuse but not every child develops it, Fischer said.

“They have experienced a trauma, not unlike what a soldier or an adult experiences,” Fischer said. “They will have flashbacks, be vigilant about their surroundings, experience sleeplessness and have aggressive behavior.”

Many children also will have inappropriate behavior toward others because they will equate sexual acts with liking someone, Fischer said.

Fischer recommends therapy for the children and their parents. It could help prevent future abuse and the sooner they get help after the event will make for a better recovery, she said.

Adam will likely be in therapy for a long time, Jane said. He continues to act out, throwing temper tantrums that can last hours. His 4-year old brother is frightened of him.

Jane said she can’t let Adam be around other children without supervision because he has inappropriate or sexualized behavior toward them.

“We’re exhausted all the time,” Jane said. “Our hearts ache every day for him, but we still have our baby. He’s alive and with us.”

Preventing child sexual assault

• Don’t be afraid to talk about sexual abuse.

• Teach kids the proper names of private parts, which will help avoid any confusion when a child reports something that happened.

• Teach what kind of touches are OK and not OK.

• Tell them it’s all right to say “No” and “Get away.”

• Teach them that the mouth is also a private area or part.

• Trust your instincts and be suspicious if someone wants to spend excessive time with your child.

Source: National Child Traumatic Stress Network

Police and near by residents stand outside an apartment located just north of Kirkwood Community College, in Cedar Rapids, Iowa, after a shooting which injured two people, on Friday, April 20, 2012. The two victims were taken to the hospital to treat their injuries. (Nikole Hanna/The Gazette-KCRG)

CEDAR RAPIDS — Three people charged in a robbery and shooting at Kirkwood Court Apartments two weeks ago are facing additional charges, according to trial information filed Friday.

In addition to attempted murder and other charges, Teran Huff, 25, of Des Moines, Raymond Sellers, 24, of Chicago, and Shantres Johnson, 21, of Cedar Rapids also are charged with conspiracy to commit a forcible felony and going armed with intent. Huff and Sellers also were charged with possession of a firearm as a felon.

Huff was charged earlier this week with two counts of attempted murder and two counts of willful injury causing serious injury.

Sellers and Johnson were each charged this week with first-degree robbery, two counts of attempted murder and two counts of willful injury causing serious injury.

All three are accused of attempting to kill Shannon Gaskins, 21, and Alexander White, 22, of 311 Kirkwood Ct. SW, #1, on April 20 during a robbery. Gaskins and White were both wounded during the incident.

According to a search warrant filed earlier this week, Gaskins had a gunshot wound to her chest and back area, and White had a gunshot wound to his abdomen. Police haven’t released their conditions but confirmed the injuries were not life-threatening.

Gaskins told police two black male suspects came into her apartment and asked “where the weed was” and when she told them she didn’t have any, they shot her and White, according to the search warrant.

Sellers also received a gunshot wound during the incident.

According to another search warrant filed Friday, Huff and another witness, Tirisha Johnson, admitted to police they were involved in the shooting and said the shooting was over money that apparently was in the apartment.

Huff told police he fired shots in the apartment and Tirisha Johnson admitted being inside the vehicle that left the scene after the shooting, according to the search warrant. Huff and Tirisha Johnson, who had been staying at the Best Western Coopers Mills motel for two weeks, left Cedar Rapids for Des Moines after the shooting but returned the next day, according to the warrant.

According to online court documents, Tirisha Johnson, 22, hasn’t been charged in this case.

Evidence collected from Tirisha Johnson and Huff’s motel room included scales and other drug paraphernalia, cellphones, a black leather coat, two pairs of shoes and one pair of boots, according to the warrant.

Huff, Sellers and Shantres Johnson remained in the Linn County Jail on Friday.

Dominique Fisher makes an initial appearance by video Thursday on a first-degree murder charge. Fisher is accused of fatally shooting Raphael Blackwell in the parking lot of Woody's Show Club in Cedar Rapids. (image taken from KCRG-TV9 video)

A Cedar Rapids man was formally charged Thursday with first-degree murder in the slaying of Raphael C. Blackwell Jr., who was unarmed and fatally shot in the parking lot of a strip club last month.

Dominique Antonio Fisher, 22, who made an initial appearance from the Linn County Jail by video in court Thursday, is accused of pulling out a handgun and fatally shooting Blackwell as Blackwell walked away from him, according to a criminal complaint. Fisher confronted Blackwell in the parking lot of Woody’s Show Club, 9395 Sixth St. SW.

The courtroom was packed with family and friends of Blackwell’s and Fisher’s. Everybody remained quiet during the proceedings.

Sixth Judicial Associate District Judge Russell Keast set Fisher’s bond at $3 million cash or surety, based on the nature of the crime and his prior criminal history.

Fisher, who was arrested in his home Wednesday, has previous charges of carrying weapons, simple assault and disorderly contact. He recently pleaded guilty to possession of drug paraphernalia, and was set for sentencing in that case May 14.

E’chelle Harris, of Chicago, Blackwell’s cousin, said after the hearing that she thought she could sleep easier after someone was arrested, but she doesn’t.

“This is just an evil act of crime,” E’chelle Harris said. “I can’t understand why this happened.”

E’chelle Harris said she thought Blackwell and Fisher may have known each other through mutual friends, but she doesn’t understand why he would be shot. Blackwell wasn’t a violent person.

“He always helped me out,” E’chelle Harris said. “I never saw him upset. He wasn’t like that.”

William Harris, of Chicago, also a cousin of Blackwell’s, said he wants closure and feels with this arrest justice will be served.

“I raised Raph….he’s not violent,” William Harris said. “It’s time for the community of Cedar Rapids to come together and stop the violence. It’s time to come together and unite. I know Fisher’s family is hurting as well.”

William Harris said Blackwell’s mother wanted to be in court Thursday, but she just couldn’t get here. She lives in Texas. He said he planned to call her, and that she might have a statement later Thursday afternoon.

There has been four shootings in Cedar Rapids in less than a month and seven people were shot and injured. Police have now arrested a total of five people in three of those cases. Two men shot on C Street SW on March 29, have not decided to press charges.

Dakota VanDyke and Nathan Jubeck, both 18, were accused of urinating on a 15-year-old teammate in the locker room shower, according to a criminal complaint filed in March.

VanDyke entered an Alford plea to simple assault, a misdemeanor, and received a deferred judgment. Under such a plea, a defendant doesn’t admit guilt but agrees that enough evidence likely exists for a conviction.

Meanwhile, a simple assault charge against Jubeck was dismissed at the request of the 15-year-old and his family after the boy indicated in a pretrial meeting that Jubeck wasn’t part of the incident, Assistant Linn County Attorney Jordan Schier said Monday.

Last month, Linn County Attorney Jerry Vander Sanden said the alleged actions of the wrestlers went beyond bullying as defined in Iowa law, which isn’t a crime. He said that because the incident crossed the line to physical contact, it warranted criminal charges.

In another incident, two 17-year-old wrestlers are accused of holding down the 15-year-old and placing their exposed genitalia on his face in the wrestling room. One of those older boys is facing delinquency charges of assault and third-degree harassment in Juvenile Court. The case against the other, Austin Edwards, has since been transferred to adult court and a trial is set for May 30.

The allegations came to light in December when the 15-year-old team member reported the incidents to school officials and the Lisbon Police Department, but the investigation took some time to complete. The incidents took place before coaches arrived and practice began for the day.

Vander Sanden said officers identified at least three other alleged victims during their investigation, but the families of those teens requested that criminal charges not be filed on their behalf.

The school district never released the results of its investigation. Superintendent Brad Laures released a statement in December saying administrators had started an investigation into a “student behavior issue.”

Mitchell is charged with willful injury causing bodily injury in the Sept. 25, 2010, incident. He’s accused of assaulting Arvin Druvenga with a large stick while Druvenga was parked on 15th Street watching a Coe College football game.

Druvenga suffered skull fractures, a laceration that required eight staples and numerous other abrasions, according to a police report. He also had to wear a neck brace for several weeks.

Mitchell is charged with first-degree murder in a separate case. He is accused of fatally stabbing Cathy Stickley, a driver for Century Cab, on April 29, 2011.

The Aug. 14 trial in that case has been moved to Story County.

The difference between the two cases is how nudity is defined according to Iowa’s invasion of privacy law. The girl in the picture had covered her chest with her hands, so a prosecutor had to dismiss the case because the crime didn’t meet the elements of the law.

Such is the new legal terrain as law enforcement officials adapt to ever-changing technology that threatens people’s privacy.

Charity Hansel

“The portable digital media available makes it so easy to film anyone,” Charity Hansel, an investigator for the Cedar Rapids Police Department.

“There are pens now that have cameras on the end, so someone can put it in their pocket and film you without you knowing.”

Iowa’s law, which was updated in 2004, is similar to most other states that have privacy statutes.

Some states call it voyeurism, trespass by peeping Tom, or invasion of privacy, but all of them include nudity, expectation of privacy and sexual desire or arousal as elements of the crime, according to a listing by the National District Attorneys Association.

A few states, like Missouri, Mississippi, Connecticut and Indiana have the ability to bump up the crime to a felony, which has more jail time, depending on the circumstances and prior convictions.

The laws are more crucial now in the world of cellphones with picture and video capabilities, said Nick Maybanks of the Linn County Attorney’s Office. The laws can’t keep up with technology or the “criminals armed with the technology,” he said.

In the bathroom case, Daniel Krall, 24, of Cedar Rapids was charged after police say he held his cellphone underneath the stalls in a women’s restroom at Kirkwood Community College in Cedar Rapids on Feb. 27.

The woman who reported the incident said she saw a cell phone-type camera peeking out from the stall next to her. She told police she knew a man was in the stall because he had large hands and was wearing men’s dress shoes.

She and two other women also in the restroom waited for the man to leave and confront him. He left the area but police later found Krall and he was charged with invasion of privacy.

Nick Maybanks

Maybanks said the Iowa invasion of privacy law enacted in 2004 is far better than what was available before to address “voyeurism or peeping Tom” crimes. Conviction of the serious misdemeanor only carries up to one year in jail but it has an added sexual component that the offender must register as a sex offender for 10 years.

“That gives it more teeth,” Maybanks said. “I think it’s an appropriate punishment for the crime.”

Hansel, the Cedar Rapids police investigator, said the Sex Offender Registry component is important because many charged with the crime are apt to reoffend.

“When sexual boundaries are lowered, I think people have more high-risk behavior,” said Hansel, also a member of the Internet Crimes Against Children Task Force. “In my experience it’s likely they will reoffend and it (crime) will escalate.”

Invasion of privacy is a serious crime because some people may start out just viewing or photographing someone but one day the “same old thing” won’t satisfy them and then it will turn into a need to touch, she said.

Maybanks said the Iowa law may not be perfect, but police and prosecutors before 2004 could only charge someone with trespassing in such cases. That didn’t completely fit the crime or address the sexual aspect of the offense, Maybanks said.

A trespassing charge involves entering a property without the permission of an owner or resident with the intent to commit a public offense. It doesn’t match someone secretly filming another person for sexual gratification.

Maybanks recalled a case before the privacy law was on the books that involved a man looking over partially opened stalls of a tanning salon to take pictures of nude customers. Prosecutors had to charge him with harassment and trespassing, which exposed a significant lack in the law. That kind of case led to the privacy law.

Last year, the Iowa Supreme Court upheld an appeals court ruling on a lawsuit claiming invasion of privacy and decided anyone who secretly places a recording device in a private area like a restroom is liable for invasion of privacy even if there’s no evidence that they viewed it.

A Waterloo insurance agent, Robert Speirs, installed a camera in the office bathroom, which was discovered by two employees, Sara Koeppel and Deanna Miller, in 2006, who sued him for invasion of privacy. The video camera didn’t produce images and wasn’t operational but the court ruled the employees didn’t have to prove Speirs viewed it, only that he could have.

Hansel said Eastern Iowa hasn’t had a lot of voyeurism type crimes but she thinks there may be some cases that victims aren’t aware of because of the technology.

She pointed out the case last year of Robert Burke, an elementary school principal in the Dubuque district, that resulted in federal charges because he was filming children. The district was unaware a video camera had been set up in the boy’s restroom for several months before Burke was charged with receiving child pornography.

Police stand outside an apartment located just north of Kirkwood Community College, in Cedar Rapids after a shooting that injured three people on Friday. (Nikole Hanna/The Gazette)

CEDAR RAPIDS — Two additional people charged Thursday with attempted murder and robbery are being held on bonds of more than $1.1 million in last week’s shooting at Kirkwood Court Apartments.

Raymond Sellers, 24, of Chicago, and Shantres Johnson, 21, of 2009 Park Ave. SE, Cedar Rapids, were charged with two counts of attempted murder and two counts of willful injury causing serious injury. Sellers was also charged with first-degree robbery and Johnson with first-degree robbery and/or aiding and abetting robbery.

Shannon Gaskins, 21, and Alexander White, 22, both of Cedar Rapids, were shot April 20 during a robbery at Gaskins’ home at 311 Kirkwood Ct. SW, No. 1. Huff admitted to displaying a firearm with the intent to rob and kill the pair, according to his criminal complaint.Their conditions are unknown but were reported by police as non-life-threatening.

Sixth Judicial District Associate Judge Russell Keast set bonds for Sellers and Johnson at $500,000 for each attempted murder charge, $20,000 for each willful injury charge and $100,000 for the robbery charges.

Teran Huff, 25, of Des Moines, was charged Tuesday with the same offenses as Sellers. He’s being held on a bond of $125,000.

Police stand outside an apartment located just north of Kirkwood Community College, in Cedar Rapids, Iowa, after a shooting which injured two people, on Friday, April 20, 2012. The two victims were taken to the hospital to treat their injuries. (Nikole Hanna/The Gazette-KCRG)

CEDAR RAPIDS -Two additional people were arrested Wednesday in last week’s Kirkwood Court Apartment shooting stemming from a robbery.

One of the men with a gunshot wound from the incident, Raymond Sellers, 24, of Chicago, was released from Mercy Hospital and taken into custody today in connection with first-degree robbery, two counts of attempted murder and two counts of willful injury causing serious injury.

Shantres Johnson, 21, of 2009 Park Ave. SE, Cedar Rapids, was arrested in connection with aiding and abetting first-degree robbery. She was already in custody on a probation violation.

Sellers and Johnson will have initial appearances on the charges 10:30 a.m. Thursday in Linn County District Court.

Shannon Gaskins, 21, and Alexander White, 22, who lived at Kirkwood Court Apartments were shot during the alleged robbery. They remained hospitalized and their condition is unknown, police said Wednesday.

On Tuesday, Teran Huff, 25, of Des Moines, was charged with two counts of attempted murder and two counts of willful injury causing serious injury. According to a criminal complaint, Huff admitted to displaying a firearm with the intent to rob Gaskins and White and to kill them.

According to an application for search warrant filed Wednesday, Gaskins told police two black male suspects came into her apartment and asked “where the weed was” and when she told them she didn’t have any, they shot her and White. Officers found White lying on the sofa in the living room with a gunshot wound to his abdomen and Gaskins had a gunshot wound to her chest and back area.

Officers found blood inside the apartment by the front door, in the hallway and in one of the bedrooms, according to the search warrant. Two spent shell casings were recovered from the hall and a bullet without the casing was found outside the front door to the apartment.

Police also collected several blood swabs, marijuana, cell phones, a camera, handgun and clothing from the apartment, according to the search warrant. The handgun was found underneath a bed.

Sellers has previous convictions of controlled substance violation, sex offender registry violation, assault causing bodily injury and an escape.

Johnson has previous convictions for unauthorized use of a credit card, possession of a controlled substance, theft and assault causing bodily injury.

Huff also has a previous criminal history of controlled substance violation, two escape convictions and was charged as a juvenile at age 11 with first-degree robbery, all out of Polk County.

Teran Huff

A Des Moines man was charged Tuesday with attempted murder, robbery and other charges in a shooting that occurred last Friday at Kirkwood Court Apartments.

Teran Huff, 25, who cried as he appeared by video from the Linn County jail Tuesday, was charged with first-degree robbery, two counts of attempted murder and two counts of willful injury causing serious injury.

Huff is accused of shooting two people, Shannon Gaskins, 21, and Alexander White, 22, both of Cedar Rapids, at 311 Kirkwood Court SW, #1, during a robbery last Friday, according to a criminal complaint. Huff admitted to displaying a firearm with the intent to rob the alleged victims and to kill them, according to the complaint.

Both Gaskins and White were reported in critical condition but were expected to live, according to police.

The third man shot during the incident, Raymond Sellers, 24, of Chicago, wasn’t named in the complaint as an alleged victim, but police said he was shot in the same incident. Sellers also was reported in critical condition, police said Monday.

Assistant Linn County Attorney Jason Burns said police are still investigating Sellers’ involvement in the incident.

Sixth Judicial District Associate Judge Jane Spande set Huff’s bond at $25,000 on each charge, for a total $125,000 cash-only bond. Spande also gave Huff no-contact orders for Gaskins and White.

Burns recommended the bond based on Huff’s previous criminal history. Huff has been convicted for a controlled substance violation and a possession charge out of Polk County. He also has two prior escape convictions in Polk, Burns said.

Huff has been living in a local motel in Cedar Rapids for the last two weeks and previously lived with his girlfriend’s mother for two to three weeks, according to information given to the judge during the initial appearance. Before coming to Cedar Rapids, he lived for six months in Polk County.

Huff was arrested Monday after he voluntarily came to the department to speak with investigators, according to police.

Police haven’t given many details of the shooting or circumstances but said Monday they are still trying to determine the relationship between Huff and the alleged victims.

Cedar Rapids Police Sgt. Cristy Hamblin said police got a report Monday that someone kicked in the door of the apartment belonging to Gaskins, where the shootings happened. Police didn’t know if anything was taken because the victim is still in the hospital but they think there may be connection between the break in and the shooting.

The investigation continues.

Restitution is ordered for almost all victims of crime, but because offenders are often indigent, in prison or earning low wages, court and prison officials say, many victims don’t receive the money.

“You can’t get blood from a turnip,” Linn County Attorney Jerry Vander Sanden said last week.

The data released Thursday by the State Court Administrator’s Office includes all restitution ordered in district, associate district and juvenile courts. It also covers restitution paid through the Crime Victim Compensation Program for victims of violent crimes.

Nearly $1.6 million of the total collected came from prison inmates. Iowa Department of Corrections spokesman Fred Scaletta said last week that while offenders are in prison, 20 percent of each deposit into their accounts is garnished for restitution.

By the numbers

• 18,708 offenders

• $25,927,781 owed

• $3,571,358 paid

• 19,908 offenders

• $32,249,963 owed

• $3,789,086 paid

• 22,730 offenders

• $31,418,004 owed

• $3,306,397 paid

Source: State CourtAdministrator’s Office

Stephanie Rose of Center Point, the federal prosecutor for the Northern District of Iowa, has been nominated by President Barack Obama as the next federal judge in the Southern District. (Brian Ray/The Gazette)

U.S. Attorney Stephanie Rose received a majority vote on her nomination for federal judge Thursday by the U.S. Senate Judiciary Committee.

Sen. Chuck Grassley (R-Iowa), chairman of the committee, said there was an issue raised since the last hearing about Rose but her nomination would go to the Senate floor pending review.

He didn’t explain the issue but said Wednesday during a weekly news conference that there were a lot of questions about her involvement in the prosecution of illegal workers who were arrested during the 2008 Agriprocessors raid at the Postville meatpacking plant. However, Grassley said according to the record Rose followed the law.

Grassley questioned Rose about this last month and she said her role was limited and she was following orders from the U.S. Department of Justice who made the decisions and controlled the fast track prosecutions of more than 380 illegal immigrants.

Grassley’s office confirmed Thursday afternoon the issue wasn’t Postville, it’s a lawsuit that was filed last month against U.S. Attorney General Eric Holder and the U.S. Department of Justice by former assistant U.S. Attorney Martha Fagg.

Fagg, 55, who worked in the civil division out of the Sioux City office, claimed in the suit Rose discriminated against her and other regarding age and Fagg’s medical and mental health needs. She claimed Rose retaliated against her after she raised concerns over Rose’s personnel decisions and assignments.

Holder and the department haven’t responded to the suit at this time and no trial date is set.

University of Richmond School of Law Professor Carl Tobias, an expert on federal courts, said he wasn’t aware of the issue Grassley mentioned but he didn’t think Grassley was too concerned about it or he wouldn’t have voted in favor of the nomination, and probably would have held the vote all together if it was a concern.

Tobias said there are 17 judge nominations ahead of Rose waiting on a floor vote.

“There was an agreement (between Democrats and Republicans) to vote on five before May 7, but the rest haven’t been decided,” Tobias said. “There is a circuit judge, just voted on Monday, who has waited five months. Of course, there was the break during December and January, but this (Rose’s vote) could go into summer.”

Tobias said these votes typically slow down in election year. This year, the Republicans may want to hold some of the federal openings in hopes their candidate will win and they can choose the next judges.

“Sen. Grassley is so instrumental and powerful on the committee, I would think he could still press for Rose and others to go to the floor if he chooses,” Tobias said.

Rose, 39, of Center Point, was nominated by President Barack Obama for the federal bench in the Southern District. If confirmed, she will replace Chief Judge Robert Pratt, who will retire July 1.

Rose was appointed as the U.S. Attorney in the Northern District in 2009.

Ramius Hardiman

An 18-year-old who received probation in a vehicular homicide case is back in court with a new charge, and if convicted, he could face jail this time around.

Ramius Hardiman, of Cedar Rapids, was charged last month with assault causing bodily injury, a serious misdemeanor, and fifth-degree criminal mischief, a simple misdemeanor. He is accused of shooting Jerrold Hendren with a BB gun, causing injury, March 16, at Wiley Boulevard and Wilson Avenue SW, according to a criminal complaint. Hardiman also is accused of firing the BB gun at the windshield of Hendren’s car, causing less than $200 damage.

Assistant County Attorney Nic Scott filed a revocation of probation, but the probation violation won’t be addressed by the court until after the misdemeanor charges are adjudicated.

Scott said Tuesday that many times, a defendant will be sent to prison on a violation, but a judge could also hold the defendant in contempt of a court order and allow him/her to remain on probation.

“It really depends on the underlying charge and the nature of the probation violation,” Scott said.

If Hardiman is convicted on the recent charges, he faces up to one year and 30 days in jail. Hardiman remains in the Linn County Jail on a $3,300 bond. An arraignment hasn’t been set at this time.

Hardiman was originally charged in 2010 with two counts of vehicular homicide after he was involved in a crash that killed Jose Mendoza, 17, of Cedar Rapids. Hardiman made an Alford plea to amended and substituted trial information charging him with involuntary manslaughter, which carries a penalty of up to five years in prison.

Scott said after Hardiman’s sentencing in October 2011 the plea agreement was made because there were problems with witnesses making inconsistent statements.

Hardiman’s attorney Victoria Cole said after sentencing there was also evidence that someone else may have been driving the car that night.

Scott said Tuesday he recommended probation on the involuntary manslaughter based on Hardiman’s age, lack of criminal history and he also considered Mendoza’s family wishes. The families knew each other and Mendoza’s parents supported probation for Hardiman, he said.

According to the criminal complaint, Hardiman’s alcohol concentration level was .06 when his blood specimen was taken at the hospital 2-1/2 hours after the crash. There were bottles of alcohol found in the car and at the crash scene, according to the complaint.

According to a police report, Mendoza was wearing his seat belt in the back seat of the car when the driver lost control and the car rolled and hit a utility pole in the 3300 block of Cottage Grove Avenue SE. Mendoza died later at a hospital.

Hosam Amara

CEDAR RAPIDS — A former Agriprocessors manager who fled to Israel after being accused of harboring illegal workers was set to be extradited back to Iowa nearly a year ago but never came back, according to the U.S. Attorney’s Office.

Assistant U.S. Attorney Peter Deegan said Wednesday that Hosam Amara, 47, is fighting extradition and has appealed to the Israeli Supreme Court.

Authorities located Amara and arrested him March 31, 2011 based on a request for extradition issued in 2009. Amara was first indicted Nov. 20, 2008 on charges stemming from a May 2008 immigration raid at the Agriprocessors meatpacking plant in Postville.

The cases of Amara and Zeev Levi, another Agriprocessors manager who authorities said also fled to Israel after being charged, are the last two to be resolved in connection with the raid. Levi remains a fugitive.

If convicted of all charges, Amara faces up to 260 years in prison and a $6.7 million fine.

A jury in November 2009 convicted former Agriprocessors vice president Sholom Rubashkin, 52, of 86 counts of bank, mail and wire fraud, money laundering and failure to pay livestock providers in a timely manner.

There also were several supervisors, managers and employees charged and convicted in connection with the raid.

Police said a man living upstairs at this apartment house, 1211 Fifth Ave. SE, assaulted and killed Doris Bevins in September 2010. (Jeff Raasch/The Gazette)

The first-degree murder trial of a man accused of strangling to death his elderly neighbor has been reset to Nov. 12 in Linn County District Court.

Jerome Power, 49, of Cedar Rapids, charged with first-degree murder, was to be tried next week, but he recently changed lawyers and more time is needed to prepare a defense.

Jerome Power.

Power is accused of killing Doris Bevins, 68, who was found by police unconscious with flannel pants wrapped around her neck Sept. 19, 2010 in her apartment, 1211 5th Ave. SE, #2.

When police smashed a window to enter Bevins’ locked apartment, they found Power, who lived downstairs, hiding behind the entry door, according to a search warrant. Bevins died from asphyxiation by strangulation, according to a medical examiner’s report.

Sixth Judicial District Judge Marsha Beckelman granted the motion Friday filed by Amy Jo Parmer, charged with first-degree murder and child endangerment resulting in death, to determine if the 8-year-old is competent to testify at trial.

Parmer, 27, of Hiawatha, and Zyriah Schlitter, 24, of Cedar Rapids, also charged with first-degree murder and child endangerment resulting in death, are accused in the death of 17-month-old Kamryn Schlitter. Kamryn died of head trauma March 28, 2010.

According to the criminal complaint, Parmer and Schlitter either individually or jointly inflicted the fatal injuries to the victim, knowingly permitted the other co-defendant to abuse the victim and/or failed to protect the child from the other co-defendant.

Tyler Johnston, Parmer’s attorney, said the statements the child made regarding Kamryn Schlitter were made when the child was 5 years old, and it’s unknown what his recollection is now. Johnston also said the defense wanted to do what was in the best interest of the child to lessen any trauma of testifying or going through a deposition.

First Assistant Linn County Attorney Nick Maybanks said the defense hadn’t provided ample or sufficient grounds to question the child’s competency, except to point out that he’s a child. The state provided a video of an interview with the child conducted by Child Protective Services, and the child was able to answer questions that were asked.

Beckelman said she will hold the competency hearing in chambers, without parents, and she will question the child. She will allow the attorneys to submit any questions to her that they have in an attempt to minimize stress and pressure on the child.

A date for the hearing hasn’t yet been set.

Parmer and Schlitter will be tried together May 29.

The youth started acting out, cutting himself, using drugs as a teenager and attempted suicide more than once. His parents had to send him to a strict boarding school equipped to handle behavioral problems and substance abuse issues.

The teen’s parents told a judge during a 2010 restitution hearing they lost their home, life savings, and eventually their marriage over the emotional and financial stress.

Donald Clark talks to his attorney, John Robertson, before his sentencing hearing at the Johnson County Courthouse in Iowa City on March 18, 2010. .(John Richard/Freelance)...

The judge granted $67,149 in restitution from the offender, Donald Clark, 43, of Coralville, who was convicted by a Johnson County jury in 2009 for sexually abusing their son.

There are many victims and their families like this one who are granted restitution each year — but whether they receive payment remains an issue.

For example, Clark is serving a 25-year prison term, and part of every deposit into his prison account will be deducted for restitution. It’s unknown if the victim’s family ever will get full restitution.

Officials say many victims collect all or at least a portion of the restitution award, but admit the process is slow.

“It’s easier to get when they are in prison or on probation or parole because someone is tracking it, but in prison they are getting so much cents an hour — you can’t get blood from a turnip,” Linn County Attorney Jerry Vander Sanden said. “We’ve had some cases where we have pursued an offender for not paying but we have to be able to prove they have the means to pay.”

Victim restitution is mandatory in all criminal cases in which an offender is convicted and can be for any crime-related expense.

Janelle Melohn, director of the Iowa Attorney General’s Crime Victim Assistance Division, said there has been a national push to make restitution a priority in the last several years and the courts seem to be more aggressive in making collections.

Last year, the Iowa Legislature approved beefing up court collections through a private vendor in counties where county attorneys don’t have the personnel to handle 90-day past-due collections. County attorneys collect court debt in 46 counties, and the private vendor collects court debt in the remaining 53.

Iowa Department of Corrections spokesman Fred Scaletta said 20 percent of each deposit into offenders’ accounts is garnisheed for restitution while they are in prison and payment plans are enforced if an offender is on probation or parole.

Nearly $1.6 million in restitution was collected from inmates at nine prisons in 2011. There are 8,493 inmates in all nine institutions, and there are 15,215 restitution plans in place.

Scaletta said some inmates are serving for multiple offenses and have more than one plan.

Vander Sanden said it’s more difficult to ensure payments from offenders once they are out of the correctional system but a county attorney can ask the court to revoke someone’s probation or hold them in contempt of court for non-payment. It’s rare that judges will hold offenders in contempt unless there is proof they are “willfully” not paying, he said.

Victims can also take civil action to recover their losses. That may not be the best option depending how much there is to be gained since it requires paying attorney fees and court costs, Vander Sanden said.

Ken Gard, Linn County courts clerk supervisor, said the court has few remedies to collect debt. If an account is 30 days past due, the court can flag it for the Department of Revenue to garnishee wages and hold state income tax refunds and lottery winnings until restitution is paid. Linn County has collected more than $718,000 in state tax refunds on past-due accounts in the last few months because of tax season, he said.

The Department of Transportation can also put a hold on license plates or prevent an offender from getting a driver’s license if their restitution involved a traffic-related violation, Gard said.

The Department of Revenue also has a collection unit that tracks and collects any court debt, as well as debt owed to all state agencies, said Betty Buitenwerf, legal counsel for State Court Administration in Des Moines.

Melohn said victims of violent crimes can also receive more immediate restitution through the Attorney General’s Offices Crime Victim’s Compensation Program that reimburses victims and their families for crime-related expenses and then collects the debt from the offenders. It takes about 40 days to determine eligibility of a claim and then most bills with proper documentation will usually be paid within 30 days of receipt, she said.

In fiscal year 2011, $780,049 was collected for claims filed and approved through the program, Melohn said. There was $4,918,848 claims filed from 2007-2012 and $1,780,067 has been paid so far by the offenders.

 Eastern Iowa restitution cases

Donald Clark, 43, of Coralville, former Iowa City school counselor

• Conviction: Second-degree sexual abuse, 2010, abused fifth-grade boy
• Sentence: Up to 25 years
• Restitution: $67,14
•  Has paid: $369

Tammy Brandt, 52, of Cedar Rapids, former Mercy Medical Center  financial executive assistant

•  Conviction: First-degree theft, 2009, embezzled $210,000 from Mercy
•  Sentence: 10 years, suspended
•  Restitution: $8,850 (the hospital’s deductible)
•  Has paid: $6,133.
  

  James Maclin, Jr. (left) listens to the testimony during his trial at the Linn County Courthouse in Cedar Rapids on Feb. 19, 2009.. (The Gazette)

James Maclin Jr., 41, of Cedar Rapids

•  Conviction: Attempted murder, willful injury causing serious injury, 2009, accused of stabbing girlfriend and another man
• Sentence: Up to 40 years
•  Restitution: $78,144
•  Has paid: $2,514

Heather Beckmann, 36, of Cedar Rapids

• Conviction: First-degree theft, 2008, embezzled money from her employer, Master Plumbing
• Sentence: 10 years, suspended
•  Restitution: More than $70,000
•  Has paid: $4,135

Amber Ransom, 45, of Alburnett, former Alburnett city clerk

• Conviction: First degree theft, 2012, embezzling $37,013 from the city
•  Sentence: 10 years, suspended and five years’ probation
•  Restitution: $37,013
•  Has paid: Nothing
•  

Denem Null looks back to his family as he is tried for second-degree murder and first-degree robbery in the Linn County Courthouse in Cedar Rapids on June 10, 2011 (The Gazette)

Denem Null, 19, of Cedar Rapids

• Conviction: Second-degree murder and robbery, 2011, in the 2010 murder of Kevin Bell
• Sentence: 75 years
•  Restitution: $10,243
•  Has paid: Nothing

Kamryn Schlitter, 18 months, daughter of Zyriah Schlitter and Nicole King, died at University of Iowa Hospitals and Clinics in Iowa City, Sunday, March 28, 2010. (Courtesy: Nicole King)

CEDAR RAPIDS — A man and his ex-girlfriend accused in the death of his toddler daughter will be tried together, 6th Judicial District Judge Marsha Beckelman ruled Tuesday in Linn County District Court.

Zyriah Schlitter, 24, of Cedar Rapids, wanted a separate trial from Amy Jo Parmer, 27, of Hiawatha, because he believed statements Parmer made could be used against him or implicate him in the alleged crime. Both are charged with first-degree murder and child endangerment resulting in the death of 17-month-old Kamryn Schlitter. She died of head trauma on March 28, 2010.

The state resisted severing the trials. Prosecutors’ theory is that both are guilty in the child’s death and it’s impossible for one of them to have committed the abuse without the other knowing or being involved.

Beckelman found that there is no confession from Parmer naming Schlitter as a participant in the alleged crime.

A competency hearing for a witness in the case is set for 9 a.m. Friday, and the pair’s trial is scheduled for May 29.

Dave O’Brien, of Willey and O’Brien, said the court’s 5-4 decision, which would subject a person with even a traffic ticket or driving without a license, to a strip search without reasonable suspicion of contraband, has caused some confusion about who could be affected. The ruling applies to any minor offender who will be admitted to the “general population” of a jail after they have gone before a judge.

“Every detainee who will be admitted to the general population may be required to undergo a close visual inspection while undressed,” Justice Anthony Kennedy wrote Monday.

O’Brien points out this ruling doesn’t include minor offenders who are detained waiting to see a judge. Those offenders usually aren’t put into the general population. Iowa Code 804.30 forbids strip searches of those in custody for routine traffic violations or simple misdemeanor unless there is probable cause to believe a person is concealing a weapon or contraband.

“If they’re going into the general population, then they (jail officials) probably have a stronger argument – there’s the possibility they could bring in contraband,” O’Brien said.

Strip searches in minor crimes are forbidden by statute in many other states and are against policies of federal authorities, according to a supporting brief. Atlanta, San Francisco and Philadelphia appeals courts recently ruled to allow strip searches for minor offenders being admitted into the general jail population. But several other appeals courts have ruled searches were only proper if there was reasonable suspicion of contraband.

While the Iowa statute provides some protection, it may not prevent a strip search of someone being admitted into the general population of the jail, according to this ruling.

Even the Iowa statute has proven fallible. O’Brien knows that better than most. He defended two former Cedar Rapids school teachers who were arrested during a President George W. Bush rally in 2004. The two women were illegally strip searched after being detained at the Linn County Jail.

Evidence during a federal civil trial in 2009 showed a jailer went against the jail’s policy and the Iowa statute by strip searching the women for the minor offense. After two trials, many arguments and motions and a successful 8th Circuit appeal in 2010, the women were finally awarded $440,385 plus attorney fees.

O’Brien has another case involving a woman arrested for OWI in Woodbury County, who was strip searched and paraded naked in front of some of the jail personnel. She was only being detained and hadn’t seen a judge, but the jail officials didn’t follow the statute. Damages were awarded to the woman but the case will be retried because jurors didn’t follow the jury instructions on damages. The retrial was put on hold until this ruling was made in the event it would affect this case.

Ben Stone, executive director of the ACLU of Iowa, said Tuesday in a news release the ACLU will fight any attempts to alter the Iowa law regarding strip searches of minor offenders because of this decision. He said the ruling was “shocking” and “truly appalling.”

“It will enable police and jail personnel in most states to search the body cavities of protesters taken into custody for simple trepass – a practice which has profound and grave implications for freedoms protected by the First Amendment,” Stone said.

Monday’s ruling came from a 2005 case involving Albert Florence in New Jersey who was a passenger with his wife and child on their way to dinner at his parent’s. A state trooper pulled his wife over for speeding and a records search showed an outstanding warrant for Florence’s arrest on an unpaid fine.

Florence had paid the fine and showed the receipt to the officer but the officer said he would still have to take him in.

Florence was then held in jail for seven days and strip searched twice. The state later admitted it hadn’t properly purged the arrest warrant. Florence sued, contending strip searching a person arrested for a minor offense violates the Constitution’s ban on unreasonable searches.

The court concluded the Fourth Amendment’s prohibition of unreasonable searches doesn’t forbid jail or correctional officials from conducting a strip search because they must consider the possibility of smuggled weapons and drugs, and public health, according to the ruling.

Darryl C. Tyson

A 21-year-old man was sentenced to 50 years in prison Wednesday for forcing his way into an elderly woman’s home and sexually assaulting her last year.

Darryl Tyson, of Cedar Rapids, pleaded guilty last month to first-degree burglary, second-degree robbery, third-degree sexual abuse and second-degree theft. Tyson broke into the 81-year-old’s home on Oakland Road NE, May 5, 2011 and sexually assaulted her before stealing her car to escape from the house.

Sixth Judicial District Judge Denver Dillard sentenced him to consecutive sentences on the all four charges in accordance with the plea agreement. Dillard told Tyson he was “lucky” to receive the plea deal.

“There was some major concessions, but there is a long sentence,” Dillard said.

Tyson declined to speak during the hearing.

Assistant Linn County Attorney Jason Besler said this was the best outcome for the victim because she didn’t have to go through the trauma of testifying at a trial. She and her family were satisfied with the plea agreement, he said.

Investigators eventually linked Tyson to the crime by matching DNA at the scene to his known profile in a national data system, according to court records. Tyson left the car in Hiawatha but fled to Illinois and was arrested in Peoria, Ill., July 10, 2011.

Tyson also will have to serve a special sentence of lifetime parole after serving his prison term and be on the sex offender registry for life because of the sexual assault conviction.

Amber Ransom, formerly Amber Franklin, 45, of Alburnett, was sentenced Monday in Linn County District Court for first-degree theft. She pleaded guilty to the charge in February.

According to a state audit report, $102,980 was misappropriated during Ransom’s employment as the city clerk. Assistant Linn County Attorney Nic Scott said the $37,013 — which she must repay — was an amount the state could prove she embezzled if the case had gone to trial.

At her plea hearing in February, Ransom admitted to embezzling that amount and claimed the rest of the missing money was a result of improper or bad accounting methods.

Two tiers

Tim Semelroth

Proposal: Create a two-tier justice system, with one tier for disputes involving claims of $50,000 or less and another for claims of more than $50,000. Tier 1 cases would have a simpler, more streamlined set of procedures to limit pretrial discovery, use of expert witnesses and to set a trial date more quickly.

Reaction: Tim Semelroth, a Cedar Rapids attorney who handles personal injury and medical malpractice cases, said the recommendations don’t go far enough to cut costs. “Shorter timelines and deadlines will only nibble around the edges of litigation costs without addressing the biggest sources of cost,” he said, such as fees for expert testimony that can cost up to $20,000.

One judge/one case

Proposal: Assign one judge to a civil case from start to finish. Rulings are now made by whichever judge is on the bench on the day the case comes to court. The judge, who might not be familiar with the case, must read the entire file before making a ruling.

Reaction: “I like being specially assigned to cases because it gives me more control (of managing it),” 6th Judicial District Judge Sean McPartland said. “I’m familiar with the case, can monitor how things are going, prevent wait time on motions and I can keep moving issues along and get them resolved quicker.”

Specialty business court

Proposal: Assign complex business cases to a separate docket that would be handled by judges who have interest or

Marty Diaz

expertise in business litigation.

Reaction: Marty Diaz, an Iowa City attorney and task force member, said setting up a specialty court could encourage more businesses to move into Iowa if the courts were equipped to handle those disputes. Taking these cases out of the regular court docket would also decrease court backlogs of other cases. he said.

Video and teleconferencing

Proposal: Expand use of video and teleconferencing when available or allowed according to court procedures to save time and money.

Reaction: Task force members said the technology to implement this recommendation would be costly.

Unresolved issues

Costs for lower claims: No solutions were proposed to lower costs for people with smaller claims of $25,000 to $30,000 that can cost $15,000 or more to take to court.

Alternative dispute resolution: The use of private mediation is working but task force members were concerned about its long-term effects, Jury verdicts are public but mediation settlements are usually confidential so there’s nothing to measure the value of future claims, said Tom Drew, Des Moines attorney and task force member. He also worried wrongdoing by doctors would not be public in malpractice cases.

Discovery processes and expert witness fees: Reforms to streamline the discovery process and limit pay for expert witnesses to $150 a day were discussed but no agreement was reached. “It was frustrating because we wanted changes so there would be equal access to the courts but I left feeling like it (recommendations) wouldn’t change anything”, said Tim Bottaro, Sioux City attorney and task force member.

Ryan Felts, 27, pleaded guilty to one count of distribution of child pornography last year in U.S. District Court. Felts will also serve five years of supervised release after his prison term.

According to a plea agreement, an Immigration and Customs Enforcement agent began monitoring activity on a website in late 2009 and discovered in the chat portion of the site there were several users trading child pornography. The agent then traced back the IP address associated with screen names which posted multiple images to Felts.

On Nov. 30, 2009 Felts distributed several images of child pornography by posting them on a chat room, according to a plea agreement. In July 2010, a warrant was executed at Felts’ residence and Felts admitted to downloading and viewing child pornography.

Maurice Harden, of Cedar Rapids, sits patiently awaiting the ruling on his sentence, at the Linn County Courthouse, in Cedar Rapids, Iowa, on Friday, March 23, 2012. Harden faces five years probation and a five year no contact order with any immediate family to Officer Tim Davis. (Nikole Hanna/The Gazette/KCRG)

CEDAR RAPIDS — Maurice Harden apologized Friday for his actions in 2009 that led to Cedar Rapids Police Officer Tim Davis being beaten unconscious and suffering a serious head injury.

“I apologize for everything I’ve done in the past…I’ve thought about it all the time and never forgot it,” Harden, who turns 18 today, said during a hearing to determine his sentencing in adult court. “I’m sorry for everything I did in the community and I’m sorry for it. That’s all I have to say.”

Stephanie Davis, Tim Davis’ ex-wife, said during an a victim’s impact statement that she didn’t want Harden to think that because her ex-husband is back at work that everything is OK, because it’s not. The robbery incident changed their lives.

Tim Davis, 33, attended the hearing but didn’t speak.

“I don’t want to see you (or others involved in robbery) in the community,” Stephanie Davis said. “It was a comfort knowing where you were.”

Stephanie Davis told the court she thinks Harden, a Cedar Rapids resident, should be “heavily monitored” but if he is released, she hopes he makes good decisions and “stays away from me.”

Harden pleaded guilty in January 2010 to first-degree robbery and interference with official acts causing serious injury for the robbery of David Scanlon and Austin Switalski, both of Cedar Rapids, on March 29, 2009.

While responding to that robbery, Tim Davis attempted to stop Jose Rockiett, 18, of Cedar Rapids. Rockiett then assaulted him with a handgun, beating him unconscious. Davis suffered a fractured skull and severe brain swelling after he fell and hit his head on the street.

Doctors initially gave Davis a slim chance to live. He spent 39 days in the hospital, and the assault left him with short-term memory loss and made problem-solving difficult, according to family and co-workers. It also changed his personality.

Davis has declined several interview requests by The Gazette about the incident and his rehabilitation. He returned to full time patrol by himself last December after more than two years.

Rockiett, now 20, pleaded guilty in March 2010 to first-degree robbery, willful injury causing serious injury and interference with official acts causing serious injury and/or while displaying a dangerous weapon. He is serving a 25-year prison term.

Harden, because he was a juvenile at the time, received a deferred sentence and was sent to the Eldora State Training School for Boys until his 18th birthday. He then was sent to adult court to determine his release, prison term or probation.

On Friday, Sixth Judicial District Judge Ian Thornhill suspended Harden’s 25-year prison term and sentenced him to five years probation. His level of probation will be determined by community corrections, and could include placement in a residential facility.

Thornhill said he was giving Harden a second chance, but if Harden came before the court again, he would go to prison for 25 years.

No contact orders between Harden and the Davis family, Scanlon and Switalski will be in effect for five years. Restitution will be determined later.

Linn County Attorney Jerry Vander Sanden and Jeremy Elges, Harden’s attorney, both recommended the suspended sentence and five years probation.

James Byers pleaded guilty to one count of  receiving child pornography. He admitted to receiving at least 100 images of minors engaged in sexually explicit conduct over the Internet between May 2007 and October 2008. He possessed about four to six videos of child pornography and used a photo sharing program to trade some of the depictions with other individuals over the Internet, according to court documents.

Two additional charges, for possession and distribution of child pornography, will be dismissed at sentencing as part of the plea agreement.

A competency evaluation was conducted on Byers at the request of his attorney, and he was found competent to stand trial and assist his attorney, U.S. Magistrate Jon Scoles confirmed during the hearing.

Byers faces five to 20 years in federal prison and up to a $250,000 fine. Sentencing hasn’t yet been set.

Tom Staack, a partner with Dutton, Braun, Staack and Hellman in Waterloo, was just elected as the association’s 39th president last November. Staack practiced general law, including personal injury, product liability and medical malpractice.

“This is an unspeakable loss,” Brad Lint, executive director of the association, said. “Tom was beloved throughout our ranks and we are already missing him dearly. Tom was a relentless champion for the rights of injured Iowans. He devoted his life to protecting rights and righting wrongs, and he spurred others to do the same.”

Lint said the members’ thoughts and prayers go out to Staack’s wife Deb and his daughters and their families, and to all his colleagues at Dutton, Braun.

Iowa Association of Justice President-Elect Pressley Henningsen said Staack was a passionate advocate for his clients and their families.

“He was one of Iowa’s most accomplished courtroom attorneys and an inspiration to so many of his colleagues,” Henningsen said. “Through his wisdom and commitment, Tom helped build this association to the powerful voice it is today. He leaves behind a deep legacy that we’ll work tirelessly to honor and advance.”

Henningsen will fill out the balance of Staack’s term until his term begins in November.

Staack received his bachelor’s degree from the University of Iowa where he played varsity baseball and basketball, and received his juris doctorate from the University of Iowa College of Law in 1971. Upon graduation he joined Dutton, Braun in Waterloo. In 1973, he became a charter member of the Association of Trial Lawyers of Iowa, which is now Iowa Association for Justice, joined the association’s board of governors in 1994 and became an officer in 2008.

Edwin Hadley Donnan, 45, pleaded guilty last month to one count of receiving and distributing child pornography May 29, 2009. Donnan was sentenced to 130 months in prison Friday in U.S. District Court.

According to the plea agreement, Donnan admitted to uploading six child pornography images to a “G Boys” social network. He also searched and downloaded child pornography, and distributed child pornography to others directly and by posting to a website.

Law enforcement received a Cyber Tip from the National Center for Missing and Exploited Children indicating that a certain internet protocol, IP, address was associated with uploading child pornography to the “G Boys” social network, according to court documents. It was then established this IP address belonged to an internet account of Donnan’s.

A search warrant was executed at Donnan’s residence Dec. 17, 2009 and several of the items seized contained child pornography.

Ousted Iowa Supreme Court Justices Marsha Ternus, David Baker and Michael Streit.

Former Iowa Supreme Court Justice David Baker said “overwhelming” may be an understatement on how he felt when he received a call two weeks ago from Caroline Kennedy telling him he and two other former justices were being honored for their judicial courage by protecting constitutional rights for all individuals.

“I was surprised and very honored,” said Baker, now a mediator in Cedar Rapids. “I thought I was getting a call from someone with the (John F. Kennedy Presidential) Library about judicial independence but not an award and not from Caroline Kennedy herself.”

Baker, along with former Chief Justice Marsha Ternus and former Justice Michael Streit, who all lost their retention vote in 2010 after being part of the 2009 unanimous decision to overturn a law banning same sex marriage, will receive the prestigious John F. Kennedy Profile in Courage Award May 7 in Boston.

“This year’s Profile in Courage Award honorees have shown uncommon valor as public servants,” Caroline Kennedy, President of the John F. Kennedy Library Foundation, said in a news release. “When Justices Baker, Streit, and Ternus joined a unanimous decision to overturn a law denying same-sex couples the privileges of marriage, they sacrificed their own futures on the Court to honor Iowa’s constitution and the rights of all its citizens.”

“Throughout their careers Justices Ternus, Streit and Baker dedicated themselves to upholding the Constitution and serving the people of Iowa with integrity,” Supreme Court Chief Justice Mark Cady said. ” It was an honor to serve with them, and I’m happy to see them receive this national recognition.”

Robert Ford, The U.S. Ambassador to Syria, also is a recipient of the award this year.

Streit, now a mediator in Des Moines, said he probably stammered at first, but luckily didn’t question whether the award was a joke.

“It’s very flattering and humbling,” Streit said. “This was out of blue. Nobody knew anything about it.”

Ternus said the phone call is “all kind of a blur” and it took a few minutes to dawn on her who was actually talking to her.

“We never expected an award for upholding our oath in office,” Ternus said. “It’s a wonderful award for doing your job….a beautiful thing to have happened.”

The former justices said they have no regrets for the 2009 opinion that led to legalizing same-sex marriage in Iowa.

“I’m pleased that the foundation recognizes the current assault on the courts and the historical importance of a fair and impartial court system,” Baker said.

Baker said the justices knew at the time their decision wouldn’t make everybody happy, but they upheld the Constitution of the United States and of the state of Iowa.

“The founding fathers understood the need for an independent judiciary,” Baker said. “The Iowa Constitution is very specific – any law inconsistent with with the constitution is void.”

Streit said they followed the law, were not influenced by politics or social issues and stayed true to the state constitution.

In the court’s opinion, it stressed that its responsibility was “to protect constitutional rights of individuals from legislative enactments that have denied those rights, even when the rights have not yet been broadly accepted, were at one time unimagined, or challenge a deeply ingrained practice or law viewed to be impervious to the passage of time.”

The Profile in Courage Award is presented annually to public servants who have made courageous decisions of conscience without regard for the personal or professional consequences, according to a news release. The award is named for President Kennedy’s 1957 Pulitzer Prize-winning book “Profiles in Courage,” which recounts the stories of eight U.S. senators who risked their careers, incurring the wrath of constituents or powerful interest groups, by taking principled stands for unpopular positions.

This year’s recipients acknowledged for their political courage were selected by a bipartisan committee of national, political, and community leaders, according to a news release.

The allegations involved the 67 applicants who were rejected for associate software developer positions at NCS Pearson, according to the department’s Office of Federal Contract Compliance Programs. Under the terms of a conciliation agreement, the contractor will pay $100,000 in back wages and interest to the 67 job applicants, and will offer associate software developer positions and retroactive seniority to at least four class members as positions become available.

The company will also revise its selection policies and procedures to ensure equal employment opportunities for future applicants, according to the news release.

During a scheduled compliance review, NCS Pearson violated an executive order in 2009 by using a hiring process that resulted in systemic discrimination against Asian job applicants at its Iowa City facility.

“All workers deserve a fair shot to compete for and secure good jobs, and it is incumbent upon companies that do business with taxpayer dollars to make sure that the doors of opportunity are truly open to everyone,” said Patricia Shiu, director of Office of Federal Contract Compliance Programs and a member of the federal Interagency Working Group on Asian Americans and Pacific Islanders. “President Obama has articulated his commitment to protecting the civil rights of our nation’s rapidly growing Asian American communities, and I’m pleased that we were able to work out a settlement which will provide financial relief and jobs for workers who were denied their fair shot.”

NCS Pearson, a wholly-owned subsidiary of the British company Pearson PLC, holds more than $12 million in federal contracts to conduct research and development for the U.S. Department of Education. The company provides educational materials, electronic learning programs and test development, processing and scoring services to educational institutions and corporations around the world.

For general information, call the Office of Federal Contract Compliance Programs’ toll-free helpline at 800-397-6251. Additional information is available at http://www.dol.gov/ofccp/.

Quantrel W. Ward, 19, of Lincoln, Neb., will stand trial April 23 in Linn County District Court on a charge of first-degree robbery. Ward is accused of being involved in robbing Brett Jeffries, 19, in a Jan. 18 incident at 55 Florida Ct. SW.

According to a police report, four men arrived at the home and told Jeffries they were waiting for one of his roommates. Jeffries told police the men then forced their way into his room and tied his hands at knifepoint.

The men took electronics, a safe and its contents, with a total estimated value of $206, police said.

The Civil Justice Reform Task Force, comprised of a 14-member steering committee who were appointed in December 2009 and then 71 other members representing business, law, labor, medicine, industry and consumer groups were appointed in August 2010 to find ways to improve the system.

The Iowa Supreme Court will now review the recommendations and findings to consider implementation of cost-effective and promising reforms that will match the needs of Iowans, according to a news release.

Back in January, some of the task force members said they didn’t think the recommendations went far enough or provided adequate cost cutting ideas, but all agreed it was a good start to overhauling the system.

Several lawyers and some task force members said in January if changes were not made in the court system, it would become obsolete for civil cases. They said the system as it is now is broken. They routinely turn down medical malpractice, personal injury and other liability cases because the costs of taking it into court are much higher than the recovery.

The Iowa Supreme Court recognized the need for changes and as part of its long term planning formed this task force.

Chief Justice Mark Cady said during his State of the Judiciary address in January these task force recommendations could serve as “blueprint for a new civil justice system in Iowa.”

The task force recommendations include:

• A two tier justice system to streamline litigation including rules of evidence and discovery and reduce costs for cases with a lower dollar value. Each tier would have timelines for filings, trial dates and summary judgments and sanctions for those not meeting deadlines.
• One judge/one case  – One judge would be assigned to a case and provide better management of the case, consistency with rulings in the case, help meet deadlines and reduce discovery costs.
• Expert witness fees – Consider limiting expert witness fees, which drive up the cost in medical malpractice and personal injury cases.
• Utilize more video and teleconferencing options to reduce costs and time.
• Business courts – This docket would handle only business cases or more complex civil cases. There were 1,229 contract or commercial cases filed in 2009 and about 10 percent of those involved “complex civil” litigation. Judges assigned would have special interest or expertise in business, cases with compensatory damages of $50,000 or more, and examples of cases would include technology licensing, intellectual property rights, breach of contract, fraud arising from business relationships and commercial real property disputes.

The Gazette will take a more in-depth look next week at the 120-page report, talking to task force members, judges and lawyers to give their insights and opinions on the recommendations and find out what is most needed in the court system.

Stephanie Rose of Center Point, the federal prosecutor for the Northern District of Iowa, has been nominated by President Barack Obama as the next federal judge in the Southern District. (Brian Ray/The Gazette)

U.S. Attorney Stephanie Rose explained her role in the 2008 Postville immigration raid during a U.S. Senate Judiciary Committee hearing Wednesday for her and others who have been nominated as federal judges.

Rose was nominated by President Barack Obama last month for the federal bench in the Southern District. If confirmed, she will replace Chief Judge Robert Pratt, who will retire July 1.

Iowa Sen. Chuck Grassley and other senators on the committee asked more brief, general questions of all four of the nominees, including how they would handle conflict of interest or recusal standards, how being a prosecutor affects their role as a federal judge and how would they ensure every person is treated fairly.

Grassley, chairman of the committee, said he had a lengthy question, about 10 points, for Rose regarding the Postville raid and her role to clear up any misconceptions and submit it into the record for the hearing.

Rose has been criticized for the way the raid was handled or for the fast-track prosecution of the more than 350 illegal immigrants, who worked at Agriprocessors and were charged in the raid.

Rose said Wednesday she was the deputy chief of the criminal division with the U.S. Attorney’s Office at the time of the raid. She said that title may be misleading because she was overseeing the “guns and drugs” cases.

She said her role in Postville was limited and she wasn’t in charge of the operation. She spent two weeks in Waterloo when the prosecutions took place. She acted as a liaison between the court, defense attorneys, probation, the clerk’s office and others.

Most of her time was spent on the phone coordinating, she said.

“I think I had three phones at the time and I was looking at my phone records from then and had 687 minutes in a 12 day period,” Rose said.

Rose, who wasn’t the U.S. Attorney at the time of the raid, said her role was mostly as a problem solver. She wasn’t involved in the planning of the raid, the pre-raid ratified plea agreements or the prosecutions themselves. Most of the decision-making was coming from the U.S. Department of Justice, who had to approve the fast-track prosecutions.

Sen. Tom Harkin also gave some opening remarks regarding Rose and why he recommended her for the position. Harkin said he reviewed an unusually strong field of candidates for the position, and Rose stood out as a person of “truly outstanding intellect and character.”

Harkin said Rose is a “superb” attorney, and she has a reputation as someone “unfailingly fair and ethical. It is no surprise she enjoys wide, bipartisan support from the Iowa legal community.”

Rose, 39, of Center Point, has worked in the U.S. Attorney’s Office since graduating from law school, one of the youngest hired at the time. She worked her way up and was appointed as U.S. attorney in 2009.