George Davison Iowa Law

LIFE SENTENCE MAY BE CHALLENGED

(Des Moines)  The Iowa Supreme Court allows a woman serving life in prison for first degree murder to challenge the sentence.  Ruthann Veal was convicted in May 1995 by a Black Hawk County District Court jury in Waterloo for the June 1993 murder of Catherine Haynes.  At the time of the murder Veal was fourteen.  She was sixteen when the jury returned its verdict.  Under Iowa law a person convicted of first degree murder is to serve life in prison without parole.

In February 2008, Veal began post-conviction relief proceedings.  She claimed that under the Eighth Amendment to the United States Constitution and Article I, Section 17 of the Iowa Constitution a life prison term without parole for a person who was under eighteen when the crime was committed was cruel and unusual punishment.  A Black Hawk County District Court Judge and the Iowa Court of Appeals rejected Veal's claims.  The district court and Court of Appeals held that under Iowa's post-conviction relief procedure, Veal's challenge was not timely.  Post-conviction relief claims are supposed to be brought within three years.

The Iowa Supreme Court holds, based upon its 2009 decision in State v. Bruegger, 773 N.W.2d 862 (Iowa 2009) that Veal's claim is the sentence imposed is illegal.  Iowa Rule of Criminal Procedure 2.24(5)(a)allows a court to correct an illegal sentence at any time.

The case is returned to the Black Hawk County District Court for further proceedings.

The decision is Veal v. State.

"Big Brother" In A Computer

A good friend of this Blog, Brett Trout, has provided information about what appears to me to be a very questionable situation in Pennsylvania.  A school district issues laptop computers to students.  The computers contain web cams.  The school district does not advise that the web cams can be activated remotely by school officials.  That occurs.  After a school official activates a web cam on a computer, the student is observed in the family home doing something to which school officials object.  The student is confronted by school officials about his conduct.

A lawsuit has been filed in United States District Court for the Eastern District of Pennsylvania.  The plaintiffs, Blake Robbins and his parents, seek a class certification to pursue a variety of claims against the school district.  Among the claims asserted are invasion of privacy, violation of civil rights, and violation of the Fourth Amendment to the United States Constitution (which provides that the people are to be secure in their persons and property and government may search only upon a showing of probable cause.).

This situation raises some very serious Constitutional questions, including the right of the government to place electronic devices in private homes and to observe actions and activities that when they are behind the closed doors of the home are considered to be private and free from government interference.

IAIS 513 Ready to Head to Iowa

Iowa Interstate locomotive 513, which honors the line's Rock Island heritage, is ready to leave Kansas City and to begin service.  Mid American in Kansas City did the painting.  The locomotive will be delivered to Iowa Interstate in Davenport.  It will travel on the former Milwaukee line from Kansas City to the Quad Cities.

DART Committee Publishes Its Report

The Iowa Supreme Court Digital Audio Visual Recording Technology Committee submits its report.  The Committee concludes that audio and video devices can reliably record courtroom proceedings and that accurate transcripts can be produced from the recordings.  But, the Committee cautions that Iowa cannot afford to implement the technology in all of its 316 courtrooms and to eliminate court reporters and other judicial support staff.  The Committee notes that Iowa judges rely upon court reporters to do more than record the proceedings in the courtroom.  In many instances the court reporter is the only support person that a judge in Iowa has at the district or associate district court level.

The Committee also discusses the cost of the digital technology.  Potential costs range from $20,000.00 per courtroom for a mid-level audio only system, while a high level audio and video system could cost up to $30,000.00 per courtroom.  Those estimates do not include the costs for backup and storage units, personnel to maintain the digital technology system and certified support staff at the courtroom level to monitor the equipment when it is in use.

The full DART Committee report is on the Iowa Courts website.

The Iowa Supreme Court has expressed interest in digital recording technology as a way to reduce costs.  Better than 95 per cent of the court's budget is for employees' salaries and benefits.  At the present time, the judicial branch employs the equivalent of 151 full time official court reporters.  Their salaries and benefits account for more than $13,600,000.00.  There are about 63 other employees who are either judicial assistants or court attendants.  Their salaries and benefits total about $3,500,000.00.

Eliot Keller

The battle with Amyotrophic Lateral Sclerosis (ALS) (“Lou Gehrig's Disease”) is over.  He knew what the result would be.  He faced it with grace and good humor.  On Monday, December 28, 2009, Eliot Keller died.

One of Eliot's life goals was to make the world a better place than he found it.  It is my opinion that he succeeded more than he could have realized.

Eliot and his long-time partner Rob Norton founded KRNA-FM in Iowa City.  They built KRNA into a model locally owned station.  Then, they acquired another FM station in Cedar Rapids (now KZIA-FM).  KRNA was sold when an offer was made that could not be refused.  KZIA-FM continues to be locally owned and has been joined by KGYM (AM)(formerly KCRG (AM)).

In keeping with his character and organizational skills, Eliot wrote his own obituary.  KZIA-FM has a tribute to its founder and leader.

Eliot and I met around 1970 when I first went to work at WHO, Des Moines.  He was a stringer in Iowa City.  I worked part-time in the sports department.  Eliot would send film of Iowa Hawkeye football games, and he would provide stories about other events around Iowa City.  We spent a dangerous night together in Iowa City in April 1971.  I was there to cover protests by a number of individuals who were upset with the continuing war in Vietnam.  As Eliot and I stood near a major intersection in Iowa City, someone threw several rocks at us.  I was an easy target with a film camera and light.  One of the rocks hit the camera.  Eliot and I very quickly scrambled up an embankment and into some trees to get out of the "line of fire".  Eliot was always interested in technology.  He had a portable radio that could tie into the telephone system.  I used it several times that night in Iowa City to report on the situation for WHO Radio.  It beat having to find a pay phone.

Our friendship grew over the years.  One of my life goals was to establish my own radio station.  I thought that the best place to go would be southern Iowa or northern Missouri (where I grew up).  Eliot and I would exchange information and ideas.  He'd offer suggestions.  We'd talk about the need for any broadcast station to be focused on the community of license and to provide quality local service.  Unlike Eliot, I was not willing to go out on a limb and borrow the money needed and necessary to put a station on the air.  Instead, I chose to go back to school and to study law.

We shared another passion:  passenger train service.  For at least twenty-five years, Eliot and I have worked together to try to improve passenger train service in the state of Iowa and to convince the public that an investment in passenger trains will be very beneficial.  Eliot carried the title of Excursion Chair for the Iowa Association of Railroad Passengers.  His business knowledge and acumen allowed the organization to operate a number of successful passenger train excursions.  His organizational skills resulted in safe, enjoyable projects.  

Eliot adopted email very quickly.  His numerous daily missives were always appreciated.  He was a clearing house for information and ideas.  He was willing to share.  He was not afraid to comment.  His criticisms were constructive.  His advice sage.

Eliot was one of the best editors with whom I have ever worked.  For a while I wrote a newsletter for the Iowa Association of Railroad Passengers.  I'd prepare the newsletter, and then, send it by telephone modem to Eliot for review and critique.  Back, again, by 300 baud telephone modem, would come corrected copy.  I would marvel at the way he could suggest improving the copy to make it better.

Words that have been used to described Eliot have included persistent, persevering, committed, dedicated, difficult, and wise.  These are all good words, but I think that the best way to describe Eliot Keller is friend.  He was my friend.  My life, and the lives of many others, have been improved because of Eliot Keller.

Rest in peace, my friend.  Your mission here on earth is over; your final broadcast has been made.

More Snow in December?

The National Weather Service is watching systems to see if more snow is going to fall in Des Moines in 2009.  So far, a total of 27.2 inches of snow have been recorded at the Des Moines Airport.  That is a record amount of snow for a December in Des Moines.  December 2009 is now the third snowiest month on record.  March 1912 with a total of 28 inches of snow is currently in second place, and January 1886 when 37 inches of snow fell has a distinction of being the snowiest month on record in Des Moines.

December 2009 is a record setting month for snow fall in Des Moines. The National Weather Service reports that 27.2 inches of snow have been recorded at the Des Moines airport so far this month. That makes December 2009 the snowiest December on record.

Des Moines Radio Pesonality Dic Youngs Dies

One of the most familiar voices on Des Moines radio, Dic Youngs, dies following a long illness.  He was 68. 

"Youngsie" or the "Youngster" was one of the best "Top 40" disc jockeys in any market. 

KIOA, Des Moines, where Youngs spent over 40 years of his Des Moines broadcasting career has an excellent tribute.

Thanks, Dic.  It was always a pleasure to turn you on.

Iowa Supreme Court Decision on Sexting

The Iowa Supreme Court affirms the misdemeanor conviction of a Perry man on charges that he improperly sent a nude photograph of himself by text messaging to a 14 year old girl.  State v. Canal, No. 07-1051.  At the time, Jorge Canal was 18.  Both Canal and the girl were high school students, and they were friends.  Sexting is the process of sending nude photographs by text message.

Canal was found guilty in Dallas County District Court on a charge of knowingly disseminating obscene material to a minor in violation of Iowa Code section 728.2 (2005).  A deferred judgment was imposed, one year probation was ordered, a two hundred fifty dollar civil penalty was to be paid, and Canal was directed to register as a sex offender.  The deferred judgment was revoked when Canal violated probation.  He was ordered to jail for nineteen days, was fined two hundred fifty dollars, and again, was required to register as a sex offender.  An initial appeal based upon the deferred judgment was denied.  The appeal decided on Friday, September 18, 2009, by the Iowa Supreme Court was initiated after the deferred judgment was revoked.

Canal reportedly sent two photographs.  One of his face with the words, "I love you."  The other photograph was of his penis.  He contended that he sent the photographs only after his text message correspondent, identified in the opinion as C.E., asked him to send a nude photograph three or four times in the same "conversation".  At trial C.E. testified that she considered the photograph to be a joke because other friends were doing it.  She did not ask for the photograph from Canal as a means of exciting any feelings.  She thought the photos Canal sent were deleted from her account, but they were found by her parents.  Her father, who had been a reserve police officer, reported the photos to police, who investigated, and arrested Canal.

The Court finds that there was sufficient evidence by which the jury could find that Canal violated Iowa law and that the jury was properly instructed on community standards.  The Court notes, ". . .[E]ven though another jury in a different community may have found this material not to be obscene, the evidence in this record was sufficient for this jury to determine, under its own community standards, that the material Canal sent to C.E. was obscene."  The Court also rejects an argument by Canal that his trial lawyer was ineffective.

FORMER WHO ANNOUNCER ED REIMERS DEAD AT AGE 96

Ed Reimers is dead at age 96.  Reimers was known to many as the voice and embodiment of Allstate Insurance.  On television, the genial Reimers would hold out his hands and close the commercial with the words, "You're in good hands with Allstate."

Reimers was with WHO, Des Moines, for several years in the 1930s.  The story, as told by former President and another WHO alum, Ronald Reagan, is that the station had been advertising for an announcer. Reagan was a day late to the station.  He did not know of the advertisement.  As Reagan walked out of the station, he remarked, "How does one get to be a sports announcer."  Then station manager Peter MacArthur heard the comment, gave Reagan an audition, and that Saturday, he was in Iowa City to broadcast the Iowa-Minnesota football game.  Reagan would close his story about his good fortune by noting that it was Ed Reimers who got the announcing job, and to get it, he had to pass a very difficult test about names and procedures.

It was Reimers who helped Reagan learn the radio business.  Another Reagan story involving Reimers revolved around a station break.  Reagan and Reimers were in the announcer's booth.  Reimers gave a station break, "This is radio station WHO, Des Moines, Iowa."  A short time later, the President of Central Broadcasting, COL B.J. Palmer, walked in and discussed the merits of brevity.  COL Palmer noted that advertisers pay a lot of money for advertising.  He observed that folks listening could only get WHO on a radio receiver.  They knew WHO was a radio station.  COL Palmer said there was no need for the "this is".  He left, only to return shortly, and stated, there is only one Des Moines, so there is no need for Iowa.  As a result, the station break became, "WHO, Des Moines."

Reimers' handsome appearance, sincerity and believability landed him a role in one of the best loved episodes of the original Star Trek.  He played an admiral in "The Trouble with Tribbles".  There is a Star Trek outtake in which Reimers holds a tribble in his hands and states, "You're in good hands with tribbles."

Reimers was born in Moline, IL on October 26, 1912.  He died at his daugher's home in Saratoga Springs, NY.  In addition to his daughter, Kathryn R. Manning, Reimers is survived by two grandsons.

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