DES MOINES, Iowa (AP) — A district court judge has rejected a request by former Gov. Terry Branstad’s lawyers to set aside a jury verdict that concluded Branstad discriminated against a former state official because he’s gay. The ruling by Judge Brad McCall filed Tuesday summarily rejects dozens of arguments, including challenges to legal rulings during trial and jury instructions.

Branstad’s attorneys asked McCall to set aside the July 15 jury verdict of $1.5 million awarded to former Iowa Workers’ Compensation Commissioner Chris Godfrey. Jurors concluded Godfrey was the victim of discrimination and retaliation when Branstad tried to force him to quit in 2011 and then cut his pay.

Branstad’s attorney Frank Harty asked McCall in a July 31 motion to dismiss the lawsuit or order a new trial. Harty says the verdicts are unsupported by substantial evidence and are contrary to law. McCall concluded that substantial evidence exists to support the jury’s conclusions. The bill to Iowa taxpayers for the case stands now at about $8 million if the verdict isn’t reverse.

November 12, 2019 CANVASS OF CITY/SCHOOL ELECTION OF 11/05/2019

The Cass County Board of Supervisors met as ex-officio Board of Canvassers with all members present. After inspection of the TALLY BOOKS from the November 5, 2019 regular CITY/SCHOOL ELECTION, the Board declared the following candidates elected.

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CITY OF ATLANTIC

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We declare Grace N. Garrett duly elected to the office of ATLANTIC CITY COUNCIL AT LARGE.

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We declare Jim Behrens duly elected to the office of ATLANTIC CITY COUNCIL FIRST WARD.

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We declare Pat McCurdy duly elected to the office of ATLANTIC CITY COUNCIL THIRD WARD.

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We declare Linda Hartkopf duly elected to the office of ATLANTIC CITY COUNCIL FOURTH WARD.

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We declare Erin McFadden and Ashley Hayes duly elected to the office of ATLANTIC PARKS & RECREATION BOARD.

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CITY OF ANITA

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We declare Thomas R. Harris duly elected to the office of ANITA MAYOR.

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We declare Pat Cassell and Kevin Littleton duly elected to the office of ANITA CITY COUNCIL AT LARGE.

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CITY OF CUMBERLAND

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We declare N. Virginia Coughlin duly elected to the office of CUMBERLAND MAYOR.

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We declare Sandra Eversole and Scott Becker duly elected to the office of CUMBERLAND CITY COUNCIL AT- LARGE.

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CITY OF GRISWOLD

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We declare Carmen Sorensen, Kirk Stapleton and Greg Lightner duly elected to the office of GRISWOLD CITY COUNCIL AT LARGE.

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CITY OF LEWIS

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We declare Russell Hansen duly elected to the office of LEWIS MAYOR.

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We declare Ryan Lockwood, Duane Scott Anderson and Richard L. Clark duly elected to the office of LEWIS CITY COUNCIL AT LARGE.

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PUBLIC MEASURE DG: Shall the City of Lewis change the composition of the Lewis Library Board of Trustees to: “Five (5) member Board of Trustees with Four (4) Bona Fide Citizens and Residents of the City and One (1) Non-Resident?”.  We declare the public measure DG to be adopted.

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CITY OF MARNE {Transition year for going from 2 year to 4 year terms}

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We declare Randall I. Baxter duly elected to the office of MARNE MAYOR.

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We declare Mark Opbroek, Jericho Schmitt and Wayne Preister duly elected to the office of MARNE CITY COUNCIL AT LARGE, for the term of 4 years;

and further declare Aaron Williams and Angela Redler duly elected to the office of MARNE CITY COUNCIL AT LARGE, for the term of 2 years.

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CITY OF MASSENA

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We declare Philip Przychodzin duly elected to the office of MASSENA MAYOR.

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We declare Kevin McCunn, Micah Lee and Adam McCunn duly elected to the office of MASSENA CITY COUNCIL AT LARGE.

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CITY OF WIOTA

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We declare Ford Lillard duly elected to the office of WIOTA MAYOR.

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We declare Jim Fischer and Steven R. Havens duly elected to the office of WIOTA CITY COUNCIL AT LARGE.

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The Cass County Board of Supervisors also canvassed the votes cast in Cass County for the SCHOOL ELECTION. The certificates of votes will be submitted to the respective control counties.  Next week a Tier 2 canvass will determine those elected. Chair declared canvass complete and canvass was adjourned.

[Full listing of votes canvassed posted with minutes on county website.]

MONTEZUMA, Iowa (AP) — Police believe the body of University of Iowa student Mollie Tibbetts would have eventually been discovered, even if the suspect in her killing hadn’t led police there. Iowa Division of Criminal Investigation agent Trent Vileta testified Wednesday at a hearing to determine if incriminating statements made by Cristhian Bahena Rivera can be used at his murder trial.

Rivera’s defense argues that evidence from a police interview that began on Aug. 20, 2018, should be suppressed because he had not been read his legal rights. Prosecutors concede that’s true but argue that Tibbetts’ body would have been discovered anyway and therefore the comments should be admissible. Vileta says farmers would have spotted Tibbetts’ fluorescent running shoes when harvesting the field where she was dumped.

Judge Joel Yates is considering the issue.

(12-p.m. News) — Police in Glenwood say two people were arrested Tuesday. 23-year old Salvador Partida, of Omaha, was arrested for being a Fugitive From Justice (No bond), and on a new, Possession of a Controlled Substance, charge ($1,000 cash or surety bond). And, 19-year old Tristen Palen Wood, of Glenwood, was arrested on a Mills County warrant for Theft in the 4th Degree. Wood’ cash or surety bond was set $1,000.

The Guthrie County Sheriff’s Office late this (Wednesday) morning, said roads were extremely icy in Guthrie County. Authorities were warning people not travel if you do not have to. The sheriff’s office was working an injury accident in the western part of the county on Chestnut Road as of 11-a.m., and there was a jackknifed semi north of that accident location blocking Chestnut Road. The Iowa DOT’s website (511ia.org) said Highway 71 just north of County Road F-24 (east of Irwin/north of Ross) was blocked in both directions late this morning, due to an accident and ice on the road. The road had re-opened by 11:55-a.m.

Sheriff’s officials in Mills County report five arrests took place over the past week. On Tuesday (11/12), 38-year old Daniel Charles Thomas, of Glenwood, was arrested at the Mills County Sheriff’s Office, on a warrant for Driving Under Suspension. Early Sunday morning, 43-year old Clayton Davaungn White, of Omaha, was arrested at a location on Bunge Avenue, for Interference with Official Acts. Authorities said also, 44-year old Regina Este Evans, of Omaha, was arrested Sunday at a location on Bunge Ave., for Assault on a Peace Officer. Her bond was set at $1,000.

40-year old Matthew Joseph Tyson, of Pacific Junction, was arrested at the Mills County Jail Nov. 8th, on a warrant for Probation Violation. And, on Nov. 5th, 27-year old Keegan David Clark, of Omaha, was arrested following a traffic stop on Interstate 29. He was charged with Possession of Controlled Substance, Speeding and Improper use of a Median, Curb or Access Facility. His bond was set at $1,000.

Mills County authorities said also, four people were injured during a collision Tuesday morning, near Pacific Junction. According to the report, a 2001 Honda driven by 42-year old Mary Furst, of Omaha, was traveling west on Highway 34 near 188th Street at around 10:18-a.m., when Furst failed to see a 2016 KIA driven by 59-year old Alan Achenbach, of Tabor, stopped at a red light. The Honda rear-ended the KIA, causing injuries to Furst and her passenger, 49-year old Rhonda Watkins, of Omaha, along with Achenbach and his passenger, 57-year old Eva Achenbach, of Tabor.

The occupants of the Honda were transported by Glenwood and Silver City Rescue to the UNMC in Omaha. Achenbach and his passenger were transported to hospitals by private vehicle. Furst was cited for Failure to Provide Proof of Insurance (accident-related), and Failure to Stop in an Assured Clear Distance.

SPENCER, Iowa (AP) — A northwest Iowa man has pleaded not guilty to allegations that he didn’t pay the state more than $89,000 in sales taxes generated by his businesses. The Sioux City Journal reports that 36-year-old Christopher Burg, of Spencer, entered the written pleas Tuesday in Clay County District Court. The charges include seven counts of fraudulent practices and 11 counts of sales tax evasion. His trial is scheduled to begin Dec. 10.

Court documents say Burg owns Burg Endeavors and committed the crimes from April 1, 2017, through Oct. 2. Prosecutors say he didn’t pay the sales taxes as he should from his businesses: Liberty Lanes, Southside Grill and A+ Carpet & Cleaners.

The Harlan Police Department reports two arrests and two people were cited over the past week. 35-year old Reid Jeffrey Hemminger, of Harlan, was arrested Tuesday, on an active Shelby County warrant for Violation of a No Contact Order. And, 21-year old Quentin James Briggs, of Harlan, was arrested Nov. 8th, on Shelby County warrants for two-counts Possession with the Intent to Deliver, and Prohibited Acts Penalties. Briggs and Hemminger were transported to the Shelby County Jail.

Authorities say 42-year old Shannon Lee Julich, of Harlan, 61-year old Randy Lee Sorensen, of Irwin, and 42-year old Nancy Beth Williams, of Harlan, were each cited recently for Driving While Suspended.

In an update to our earlier reports concerning Boxelder Avenue in Red Oak, the Montgomery County Emergency Management Agency says Boxelder Ave. between 200th St x 210th St is closed to allow BNSF crews and equipment to work safely. Please use an alternate route of travel and use caution while traveling in the area. Earlier, officials said Boxelder was open.
Shortly after 4-a.m. Today (Wednesday), the Montgomery County Communications Center received a call from Burlington Northern Santa Fe reporting a coal train derailment in the area of D Ave west of Red Oak. Deputies of the Montgomery Co and Mills Co Sheriff Offices responded and located the derailment under the Boxelder Ave bridge. Approximately 20-30 coal cars were involved in the incident.

There were no injuries and no hazards to the public. The Montgomery and Mills County Sheriff’s Offices, Montgomery County EMA, Red Oak Fire & Rescue and Montgomery County Secondary Roads assisted at the scene. (The following photos are from the Montgomery County EMA Facebook page):

The Atlantic Police Department has released a report on an accident and several arrests. As we reported Tuesday and earlier today (Wednesday), an accident took place at around 1:53-p.m. Tuesday near 7th and Olive Streets. Authorities say a vehicle driven by Mervin Templeman, of Atlantic, was traveling east on 7th Street and had stopped at the intersection traffic light. A vehicle driven by Trent Park, of Atlantic, was eastbound on 7th and came up over the hill. Park was unable to stop for traffic waiting ahead of him at the light. He took evasive action but struck Templeman’s vehicle on the passenger side. A passenger in the Templeman vehicle complained of neck pain, and was transported to CCMH by Medivac Ambulance. Trent Park was cited for Failure to Stop in an Assured, Clear Distance. Damage from the collision amounted to $6,000.

The Atlantic P-D reports also, four people from Atlantic were arrested on drug charges, Saturday:

• 26-year old Jessica Mack was arrested on a Cass County warrant for Failure to Appear on an Interference with Official Acts charge, and Possession of Drug Paraphernalia.
• 28-year old Alex Garside was arrested on a Cass County warrant for Violation of Probation, and Possession of Drug Paraphernalia.
• 21-year old Sean Smith was arrested Saturday for Criminal Mischief in the 5th Degree, Possession of Drug Paraphernalia, Keeping a premises or vehicle for a Controlled Substance Violation, Possession of Meth & Marijuana/1st offenses.
• and, 36-year old Jolene Heistand was arrested for Possession of Drug Paraphernalia, Gathering where marijuana is used, and Possession of Marijuana/1st offense.

On Nov. 7th, 31-year old James Erickson, of Atlantic, was arrested for Keeping a premises or vehicle for a Controlled Substance Violation, and Possession of Drug Paraphernalia. And, 33-year old Vicente Martinez, of Edmond, OK., was arrested for Public Intoxication. On Nov. 5th, 46-year old Dwayne Rollins, of Atlantic, was arrested for Theft in the 5th Degree (Shoplifting), and 39-year old Michael Parrott, of Atlantic, was arrested on a Cass County warrant for Probation Violation.

On Nov. 2nd, Atlantic Police arrested 17-year old Dante Watkins, of Atlantic, for Possession of a Controlled Substance, Possession of Drug Paraphernalia, and Failure to Affix a Drug Tax Stamp. And, 21-year old Drew Miller, of Atlantic, was arrested for Possession of a Controlled Substance, Possession of Drug Paraphernalia, Unlawful Possession of a Prescription Drug, and A Drug Tax Stamp Violation.

And, on Nov. 1st, 45-year old Dan Christensen, of Atlantic, was arrested for Harassment in the 3rd Degree, Public Intoxication, and Disorderly Conduct. Each of those individuals were booked into the Cass County Jail.