Although Friday's ruling is a victory for them, journalists should not need to resort to the courts to gain compliance with public records law, Iowa Capital Dispatch Editor-in-Chief Kathie Obradovich said in a statement included in the publication's article about the decision. Republican lawmakers passed the so-called "fetal heartbeat" law in 2018. Justice Dana Oxley was not present. Service Advisory. Francesca Block is a breaking news reporter at the Des Moines Register. What we found. This . 1:08. A search warrant application filed prior to Gantt's arrest showed police obtained communications between her and the student on email and Instagram that appeared personal and flirtatious in nature. He can be contacted at wrmorris2@registermedia.com , 715-573-8166 or on Twitter at @DMRMorris . Mondabaugh had four children at thetime;the Boats had two teenage children. A judge sentenced him Friday to serve 10 years on the vehicular homicide charge and two years for the OWI charge, totaling up to 12 years in prison. Katie Akin is a politics reporter for the Register. A lawsuit accusing Gov. It said that is a political question that's beyond the Supreme Court's jurisdiction. More:West Des Moines district settles lawsuit alleging student permanently injured in gym class. Kim Reynolds of failing to follow Iowa's public records law can continue, the Iowa Supreme Court ruled Friday, saying the governor's office can be sued just like any other public entity for not producing requested documents in a timely way. Des Moines police have taken another loss in a lawsuit alleging misconduct by officers during protests in 2020. This interactive graphic dissects numbers from the FBIs Uniform Crime Report for metropolitan areas. Attorneys for Planned Parenthood and the state made their cases Tuesday in oral arguments before the Iowa Supreme Court, which must decide whether a law banning abortions after six . My belief that I was free in this country was gone.. Francesca Block is a breaking news reporter at the Des Moines Register. Iowa is not one of those 17 states. It's not clear what legal standard Iowa courts will apply when considering whether restrictions on abortion are constitutional. 0:42. Schandevel responded that the Legislature can decide if it wants to amend the 2018 law after the injunction is lifted. The latest breaking news, crime news and courts filings in Des Moines, Iowa. Will the Iowa Supreme Court allow a 6-week abortion ban? He can be contacted at wrmorris2@registermedia.com , 715-573-8166 or on Twitter at @DMRMorris . 2023 www.desmoinesregister.com. Woman Who Drove Into Children Gets 25 Years for Hate Crime, https://www.nytimes.com/2021/08/19/us/Iowa-woman-hate-racism-attack.html. Des Moines, IA 50309. Her trial began Thursday with opening arguments in which Marion County attorney Ed Bull laid out extensive evidence tying her to the crime, including spots of Mondabough's blood found in and on Boat's car, and hairs gripped in the dead woman's hand identified by DNA testing as coming from Boat. Its important for the media and therefore the people of Iowa to receive this important information in a timely manner, especially during a public health crisis.. She later told investigators that she ran the girl over because she thought the girl was a Mexican, according to the Police Department. Your chance of being a victim of violent crime in Des Moines is 1 in 158 and property crime is 1 in 31. Phone: 206-878-4595. According to Nick Boat, Michelle's husband andMondabough's boyfriend, the couple met after she accidentally sent him a "friend request"on Facebook in February 2020. . 20 GOP lawmakers file bill to ban all Iowa abortions. Some of these conversations on Instagram, which the warrant application said were first obtained by local NBC-affiliate WHO-13, detail messages in which they both comment on each others' appearances and make plans to spend time together outside of school. "When it comes to continuing to provide medication abortion, PP health centers in whatever states end up being affected are certainly prepared to move to a misoprostol-only regimen," Stilwell told reporters. Kim Reynolds of failing to follow Iowa's public records law can continue, the Iowa Supreme Court ruled Friday, saying the governor's office can be sued just . The state and Planned Parenthood disagreed about what the legal standard is for abortion laws in Iowa. Des Moines Register. The lawsuit states that since 2012, Pott-Pepperman has provided counseling services to nursing home residents, many of whom suffer from dementia and are on Medicare or Medicaid. 0:06. During this time period, the suit states Pott-Pepperman earned $756,109 from Medicare claims and $111,409 for Medicaid claims. In a sentencing memo pleading for leniency, Mr. Herrold said that Ms. Poole Franklin had a long history of mental illness, and had received diagnoses of schizoaffective disorder, depression and post-traumatic stress disorder. Sen. Jeff Edler, R-State Center, told reporters that the group helped draft Iowa's bill banning gender-affirming care for people under 18. GANNETT Syndication Service. The Ames Police Department responded to . Reynolds appealed that decision, sending the case to the Iowa Supreme Court. Less than an hour later in the city of Clive, just west of Des Moines, Ms. Poole Franklin was driving near a junior high school. The Alliance Defending Freedom has also been a proponent of laws to ban gender-affirming treatment for transgender minors. Your California Privacy Rights/Privacy Policy. The driver was trapped in the burning car, Ankeny officials said, Attorneys for Bravon Tukes say accused shooter Preston Walls has repeatedly said Tukes was not involved in the killings in downtown Des Moines. Belin, of Bleeding Heartland, said in a statement released by the ACLU that Reynolds' actions set a bad standard for the rest of state government. In a lawsuit, Iowa Attorney General Brenna Bird and Assistant U.S. Attorney Jason Lawrence allege Daniel Pott-Pepperman knowingly overbilled to Medicaid and Medicare, which resulted in the government paying him for services he did not provide. "Each of you, remember back to March of last year, how scary your world wasthe fear, the chaos, the isolation that we all felt in the early days of the pandemic," Eimermann said. Parents alleged that a gym class exercise that required students run up and down the bleachers was dangerous and caused their child permanent injury. View in new tab Six of the seven Iowa Supreme Court justices heard arguments in a packed chamber on Tuesday morning. Reach her atkakin@registermedia.comor at 410-340-3440. 42-year-old Brian Kirkman hit 57-year-old James Deal with his car in the 9600 block of Raccoon . Police officers are shown arresting Des Moines . Browser-Friendly feed by FeedBlitz RSS Services, the premium FeedBurner alternative. Eimermann said that, after the case is presented, Boat should be held accountable for Mondabough's death. Essence Welch of Des Moines sued the city in June 2020, just weeks after . Reporting at a protest scene as a working member of the media is not a crime. He will be eligible for parole before completing his sentence from earned time and work credits, according to court records. As a subscriber, you have 10 gift articles to give each month. "Its important to remember: Just because you took an oath to be a jurordoesn't mean you checked your common sense at that door," he told jurors, saying a guilty verdict will be the obvious conclusion to the trial. "We will stand in front of you and ask you to hold her accountable, but only for what the evidence supports, and that is not first-degree murder. 0:42. Subscribe for updates to all the content available in this feed, or click through here to see the original article. Why their leaders say it won't pass. Reynolds' office issued a statement responding to the ruling, saying the delays in fulfilling records requests were a result of the COVID-19 pandemic, with which her office was preoccupied at the time. Republican lawmakers have not passed any new restrictions on abortion this year. American Bar Association president says it could use more. Bird, elected attorney general in November, is defending the governor in the lawsuit. In a call with reporters after the hearing, Im said that abortion laws in Iowa are still subject to the "undue burden" standard, an intermediate level of scrutiny focusing on whether a law excessively limits a woman's ability to obtain an abortion. Joseph Herrold, a lawyer for Ms. Poole Franklin, declined to comment. 21630 11th Avenue S, Suite A Des Moines, WA 98198. In response, Gov. The Alliance Defending Freedom filed the lawsuit against mifepristone use in Texas. "During that time, there was an unprecedented number of open records requests and many of those went unfulfilled for a period. This feed's current articles are shown below. Take Note: We are currently in the process of upgrading to a new crime mapping and records system. Over the past 30 years, about 1 in 3 Iowa homicides has gone unsolved, and there have been hundreds of other unsolved killings since Iowa became a state in 1846. The ruling may bar health care providers nationwide from prescribing mifepristone, even in states where abortion is legal. Mazie Stilwell, director of public affairs for Planned Parenthood North Central States, said there are "many questions that remain unanswered." Journalists Laura Belin of the Bleeding Heartland politics blog and Clark Kauffman of the Iowa Capital Dispatch, along with Iowa Freedom of Information Council Executive Director Randy Evans, asked the court to find Reynolds' office in violation of Iowa's public records law. Lawyers representing the state argued Tuesday that the law should be allowed to take effect since the courts have now ruled that neither the Iowa Constitution nor the U.S. Constitution guarantees the right to abortion. Severe Weather There is currently 1 active weather alert. "Because of the strange procedural posture of the case, because this case was decided under a different (legal) standard and then the next time the issues were live was a motion to dissolve (the injunction), there are claims in this case that haven't even been litigated at all," Im told the court. It is not clear, from online court records, whether the defense intends to present any witnesses. Compare Des Moines crime data to other cities, states, and neighborhoods in the U.S. on NeighborhoodScout. There, she saw a 14-year-old girl walking on the sidewalk who she believed to be Mexican. The lawsuit alleges central Iowa psychologist Daniel Pott-Pepperman knowingly overbilled to Medicaid and Medicare. Reach her at FBlock@registermedia.com or on Twitter at@francescablock3. District judges deal with privilege questions all the time, he wrote, and "we trust that they will do so if such issues arise in this case or others like it.". What to know about Iowa Supreme Court abortion June 2022 ruling. The Iowa Supreme Court must decide whether to lift an injunction that would allow the state's 'fetal heartbeat' law to go into effect. "She was a wonderful woman that did not deserve this," Nick told the Des Moines Register after the stabbing. Pott-Pepperman commonly submitted Medicare and Medicaid claims for six hours of neuropsychological testing and two hours of psychological testing from 2012 through 2019, according to the lawsuit. A mother drew a gun to drive off two people who were trying to abduct her son in a Des Moines skywalk outside her office, according to police reports. Johnny Dale said he was frustrated and trying to get his girlfriend's 4-month-old son to sleep by bouncing him on an air mattress. Bravon Tukes, the alleged getaway driver, plans to call accused shooter Preston Walls to testify Tukes wasn't involved in the fatal shooting. Court documents described a harrowing pair of unprovoked attacks by Ms. Poole Franklin on Dec. 9, 2019, as she drove her Jeep Grand Cherokee by children who she believed were Middle Eastern, African or Mexican. It does not hide its work and it does not ignore the press," he said. The court rejected the governor's claim that requiring her to respond to public records requests in a timely way would infringe on executive privilege. More: 20 GOP lawmakers file bill to ban all Iowa abortions. . All rights reserved. Iowa ranks 43rd in lawyers per capita, which adds to challenges in indigent defense and legal services in rural areas, Deborah Enix-Ross says. Kim Reynolds asked the state courts to lift their injunction so the 6-week abortion ban could take effect. When reached by phone Thursday, Pott-Pepperman said he doesn't know "anything about" the lawsuit and hung up. He can be contacted at wrmorris2@registermedia.com , 715-573-8166 or on Twitter at @DMRMorris . But she told jurors the full story needs to take into account Boat's state of mind, describing her as a heartbroken woman left alone by her husband of 20 years in the early days of the COVID-19 pandemic. Please check back here in the coming months for additional information about our new crime data website. Report a Crime Training Opportunities View Forfeiture Auctions . November 16, 2021. 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It was not," she said. Peter Im, an attorney for Planned Parenthood Federation of America, said the state is "trying to revive this law without going through the proper procedures.". Ankeny police identify driver killed after car crashed into home, Iowa Supreme Court sides with Des Moines landlord accused of housing discrimination, Driver dies after car crashes into Ankeny home, catches fire, Attorney says Starts Right Here murder suspect can exonerate co-defendant at trial, Driver going more than 100 mph causes fatal crash in Story County on Wednesday night, 25-year-old dies from gunshot near downtown Des Moines, Witness in Starts Right Here shooting will not face charges, police say, Does Iowa have enough lawyers? 42 Weather. Des Moines - Crime & Courts. In the defense's opening statement, attorney Jill Eimermann conceded right away that "this isnt a whodunit. It is a right that must be protected," Amnesty International said. Bull, in his statement, said the evidence will make clear that Boat acted with the necessary premeditation to be convicted of murder. The window on the door is shown to be covered up by a piece of paper, according to the warrant. Bull told the jury repeatedly that Boat was "scorned, seething and obsessed" after her husband left her, and said the evidence will not only show Boat killed Mondabough, but that she did it with careful planning, including obtaining latex gloves and following her around Pella in her car before the attack. A Dowling Catholic High School teacher has been arrested for an alleged sexual relationship with a student. Even Michelle Boat's attorneys admit there is overwhelming evidence she killed Tracy Mondabough in May 2018. "The facts will support it, the law will compel itand justice will demand it.". Under current law, abortions are legal in Iowa until 20 weeks of pregnancy. The initial outbreak of the COVID-19 pandemic consumed every aspect of our daily lives, and accordingly my office shifted its entire focus to help Iowans navigate that difficult period," she said. Two friends were excited for their trip to see Lady Gaga in concert. 2023 www.desmoinesregister.com. A criminal complaint states Gantt admitted to police that she engaged in a romantic relationship with the student which involved physical intimacy on at least five different occasions. They went on their first date on March 8, about nine weeks before her death. Both men faced multiple charges for tracking a woman Steve McFadden was involved with, other alleged offenses. A district court judge ruled in December that the permanent injunction on the law would remain in place. All rights reserved. Did an Iowa educator's drinking after the last day of school put his daughter at risk? ", Iowa Capitol Press Association President Erin Murphy, the Des Moines bureau chief for the Cedar Rapids Gazette, called the ruling a victory for all Iowans. "When the governor's staff ignore records requests for months on end, sometimes for more than a year, it sends a message that complying with the Open Records law is optional," she said. Nicole Poole Franklin in court in Des Moines, Iowa, in 2019. William Morris covers courts for the Des Moines Register. "But the state will not have met its burden to prove beyond a reasonable doubt that what happened on May 18, 2020, was first-degree murder. ", The court also addressed Reynolds' argument that suing her office raises constitutional concerns. "Pott-Peppermans progress notes show that he saw patients for forty-five minutes and that he saw patients back-to-back, in 45-minute increments, from early in the morning until late at night, without breaks for meals or the bathroom," the lawsuit states. A search warrant filed prior to the teacher's arrest showed police obtained communications between her and the student that appeared flirtatious and personal. That aligns with the December decision from District Court Judge Celene Gogerty, who deferred to the Iowa Supreme Court's 2015 decision dictating that courts should use the undue burden standard. 42. As a part of her top-down, bottom-up audit of victim assistance, Attorney General Bird is carefully evaluating whether this is an appropriate use of public funds," Bird's Press Secretary Alyssa Brouillet said in a statement to the Des Moines Register. "Our citizens and their elected officialshave chosen to promote life and end abortion at a heartbeat, with exceptions for rape, incest and life of the mother., More: Iowa stops paying for rape victims' morning-after pills and abortions. William Morris, Stephen Gruber-Miller and USA Today contributed reporting. Her actions temporarily shattered, but did not permanently defeat, this dream.. May noted that the plaintiffs need only prove Reynolds "refused to make those government records available," and that it is up to her to decide whether and how to defend against those claims, including arguing that her staff was too busy with other tasks. The Iowa State Patrol estimates the driver was going 130 mph when he caused an accident that killed a Maxwell, Iowa man. Community comparison of crime in America: Des Moines-West Des Moines, IA Metro Area (2020) This interactive graphic dissects numbers from the FBI's Uniform Crime Report for metropolitan areas. Despite these warning signs, the . What we found, West Des Moines district settles lawsuit alleging student permanently injured in gym class, Iowa women say American Airlines lost, damaged their custom wheelchairs and left them stranded, Your California Privacy Rights/Privacy Policy. School administrators found the loaded gun in the student's backpack. . Criminal complaints state that the messages showed "clear and concise grooming activity" and that conversations which took place through their private email accounts contained "more direct sexual overtones.". He can be contacted atwrmorris2@registermedia.com, 715-573-8166 or on Twitter at@DMRMorris. Kirkman has a previous OWI conviction stemming from a 2010 incident, according to court records. Gogerty ruled the six-week ban would be an undue burden on women and thus remains unconstitutional. 2023-04-16 19:03 UTC by Des Moines Register, 2023-04-15 21:37 UTC by Des Moines Register, 2023-04-15 13:42 UTC by Des Moines Register, 2023-04-14 23:23 UTC by Des Moines Register, 2023-04-14 21:11 UTC by Des Moines Register, 2023-04-14 11:02 UTC by Des Moines Register, 2023-04-14 11:01 UTC by Des Moines Register, 2023-04-13 19:38 UTC by Des Moines Register, 2023-04-13 11:02 UTC by Des Moines Register, 2023-04-13 21:35 UTC by Des Moines Register, 2023-04-12 17:30 UTC by Des Moines Register, 2023-04-12 11:00 UTC by Des Moines Register, 2023-04-11 11:01 UTC by Des Moines Register, 2023-04-11 11:00 UTC by Des Moines Register, 2023-04-11 21:21 UTC by Des Moines Register, 2023-04-10 21:25 UTC by Des Moines Register, 2023-04-11 14:43 UTC by Des Moines Register, 2023-04-09 01:55 UTC by Des Moines Register, 2023-04-07 02:02 UTC by Des Moines Register, 2023-04-06 19:10 UTC by Des Moines Register, 2023-04-06 14:15 UTC by Des Moines Register, 2023-04-06 20:48 UTC by Des Moines Register, 2023-04-05 18:32 UTC by Des Moines Register, Des Moines bar owners Steve McFadden, Edwin Allen III plead guilty in GPS stalking case, Urbandale man sentenced to 12 years in July 2022 vehicular homicide involving bicyclist, Ames High School student arrested for bringing loaded, stolen gun to school, Dowling English teacher arrested for alleged sexual exploitation of 17-year-old student, Gov. Boyfriend, daughter mourn woman who died in Pella stabbing, Records show Iowa woman's actions leading up to stabbing death of her husband's girlfriend, Nick told the Des Moines Register after the stabbing, Your California Privacy Rights/Privacy Policy. "We are pleased with this decision and its impact on the rights of all Iowans to access information. Clinton also sued and won a settlement from a 2018 stop. In an interview with the student, investigators read some of the emails that included emojis that could be perceived as sexual innuendos. The federal sentence will be served concurrently with the state term, which means, in effect, that she will spend more time in prison, according to Richard D. Westphal, acting U.S. attorney for the Southern District of Iowa. He will also be required to pay $150,000 in restitution to Deal's family and undergo a substance abuse violation. The Justice Department appealed the ruling, but it's unclear how the FDA will balance the competing orders. Another federal judge in Washington ordered the Food and Drug Administration not to restrict access to the drug in the 17 states and D.C. that sued to expand access to mifepristone. Your California Privacy Rights / Privacy Policy. 2023 www.desmoinesregister.com. Nicole Poole Franklin, 43 of Des Moines, was sentenced on two federal hate crime charges in connection with the 2019 attacks. On Oct. 28, 2014, he allegedly signed 12 fraudulent claims for services provided to the Kennybrook Village nursing facility in Grimes. A 2016 Des Moines Register investigation found scores of police calls to the academy over the prior three years, including at least five alleging sexual abuse. More:Bill to limit Iowa auditor could leave $12B in funding unchecked, nonpartisan agency says. Abortion June 2022 ruling to all the content available in this feed or... Be an undue burden on women and thus remains unconstitutional this isnt a.. A substance abuse violation be required to pay $ 150,000 in restitution to Deal 's family undergo! The coming months for additional information about our new crime mapping and records system with his car in 9600... The window on the door is shown to be covered up by a piece of paper, to! In states where abortion is legal. `` a 6-week abortion ban could take effect number of open requests! Also been a proponent of laws to ban all Iowa abortions the ruling may Bar health care nationwide!, there was an unprecedented number of open records requests and many of those unfulfilled. It said that, after the injunction is lifted child permanent injury coming months for additional information about our crime... Overwhelming evidence she killed Tracy Mondabough in may 2018 overwhelming evidence she killed Tracy in... Is not a crime, was sentenced on two federal Hate crime charges in connection the! Perceived as sexual innuendos accident that killed a Maxwell, Iowa, sending case. 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Courts to lift their injunction so the 6-week abortion ban could take effect Weather there is 1. To be covered up by a piece of paper, according to court records that time there. Iowa until 20 weeks of pregnancy states where abortion is legal and its impact on the sidewalk she... About what the legal standard is for abortion laws in Iowa until 20 of... Not ignore the press, '' Nick told the Des Moines, Iowa, in his,! Relationship with a student allegedly signed 12 fraudulent claims for Services provided to the teacher arrest... Sued the city in June 2020, just weeks after 's beyond the Supreme court jurisdiction. Schandevel responded that the group helped draft Iowa 's bill banning gender-affirming care for people under.!