Page County Attorney, Carl M. Sonksen, reports the following activities in the Iowa District Court for Page County for the week of October 28, 2024. The Honorable Eric J. Nelson, District Court Judge of the Fourth Judicial District presided. All persons are presumed innocent until proven guilty in a court of law.

• Heather Trena James, age 50, appeared by counsel and pled guilty to Possession of a Controlled Substance. The Defendant was sentenced to 5 days in jail and ordered to pay a fine of $840, court costs, surcharges and court-appointed attorney fees.
• Christian Lyle Lauritsen, age 28, New Market, Iowa, appeared by counsel and entered a plea of guilty to Operating While Intoxicated-1st Offense. The Defendant was sentenced to 2 days in jail. The Defendant was ordered to pay a fine of $1,250, court costs and surcharges.
• Dustin Perry, age 26, Shenandoah, Iowa, appeared by counsel and pled guilty to Counts I- Child Endangerment, Count II- Child Endangerment, Count III- Child Endangerment and Count IV- Child Endangerment. The Defendant was sentenced to 180 days in jail on each count, suspended. The Defendant was placed on probation for 2 years. The Defendant was ordered to pay court costs, surcharges and court-appointed attorney fees.
• David Lowell Steeve, age 71, Clarinda, Iowa, appeared by counsel and entered a plea of guilty to Operating While Intoxicated-1st Offense. Defendant was granted a deferred judgment for 9 months and was placed on probation for 9 months. The Defendant was ordered to pay a civil penalty of $1,250, court costs and surcharges.
• Edward Paul Swanson, age 63, Braddyville, Iowa appeared by counsel and pled guilty to Possession of a Controlled Substance-2nd Offense. The Defendant was sentenced to 2 years in prison, suspended. The Defendant was placed on probation for 2 years. The Defendant was ordered to pay a fine of $855, surcharges and attorney fees.
• Kegan Lee Morris, age 35, Clarinda, Iowa, appeared with counsel for sentencing after previously being found guilty by a jury of Count I- Assault Causing Bodily Injury on Persons Engaged in Certain Occupations and Count II- Assault Causing Bodily Injury on Persons Engaged in Certain Occupations. On Count I- the Defendant was sentenced to 2 years in prison and ordered to pay a fine of $855, suspended. On Count II- the Defendant was sentenced to 1 year in prison, to run consecutive to Count I and ordered to pay a fine of $430. The Defendant was ordered to pay court costs and court-appointed attorney fees.
• Terry Jay Warner, age 59, Clarinda, Iowa, appeared by counsel and entered a plea of guilty to Reckless Use of Fire/Explosives/Destructive Devices. The Defendant was sentenced to 30 days in jail, suspended. Defendant was placed on probation for 9 months and was ordered to pay a fine of $430. The Defendant was ordered to pay victim restitution, court costs and surcharges.
• Kelli Jo Wiederholt, age 35, Braddyville, Iowa, appeared by counsel and entered a plea of guilty to Criminal Mischief – Fourth Degree. The Defendant was sentenced to 30 days in jail, suspended and was placed on probation for 9 months. The Defendant was ordered to pay court costs.

(Radio Iowa) – The first phase of a plan to modernize the 48-year-old UNI-Dome in Cedar Falls was completed last month and the board that governs the University of Northern Iowa has approved moving ahead with the second phase of the project.

“A project that will significantly transform the look and experience of one of the most iconic buildings in the state,” Michael Hager, University of Northern Iowa senior vice president for finance and operations, told the Iowa Board of Regents Property and Facilities Committee this week.

The UNI-Dome hosts the high school football championships and hosts UNI football games. The dome has been updated, with a new Teflon-coated fiberglass roof. “Everything is tight and dry now,” Hager said, “and we can move on to Phase II.”

Upgrades to the UNI-Dome will include wider seats. (UNI photo)

UNI officials say the $16 million dollar for the second phase of the project is focused on the fan experience. “Phase II will be one of the more visible phases, one of the more exciting phases. It will include restroom additions and for the record, we are adding two women’s restrooms for every male restroom,” Hager said. “…I have personal experience living with one of those women that will be very pleased to see more restrooms in that facility.”

The aisles in seating areas will be widened and handrails will be added. Seating capacity will drop from about 16,000 to around 12,000 for sporting events Hager said that’s due to wider aisles and the removal of some seating to expand loge boxes, plus each seat will be wider.

“All the seats are currently 18 inches in there. They will move up to at least 20 inches. Apparently over the last few decades people have gotten a little wider,” Hager said. “And then in the loge boxes, the seats will be closer to 22 or 24 inches then as well.”

The upgrades to seating will have a positive financial impact, according to Hager. “By having a lack of premium seating, we’ve missed out on a revenue stream there and then just having the outdated facilities we haven’t sold as many tickets as what we think we will sell,” Hager said. “We’re more likely to have events that are closer to capacity and that just makes for a more robust event than one that has a lot of empty seats.”

There were 25,000 people at the Fleetwood Mac concert in the UNI-Dome back in 1989, but Hager said given changes in the music industry the UNI-Dome is likely not a big enough arena to attract major acts.

(Radio Iowa) – A southeast Iowa man faces more than one-thousand charges after investigators allegedly found a large amount of child pornography in his possession.

Hunter Bresch (Wapello County Jail photo)

Court records say 22-year-old Hunter Bresch of Ottumwa submitted a tip to the FBI in November 2022 that someone sent him child sexual abuse materials over the internet.

A subsequent investigation unveiled a file share account allegedly owned by Bresch that contained 16,000 files of different children involved in sexual acts.

Bresch later told investigators he tipped off the FBI because another user did not send him the illicit materials he paid for.

He’s been charged with 1,000 counts of possession of depictions of a minor engaged in a sex act and one count of sexual exploitation of a minor.

Bresch is currently in the Wapello County Jail where his bond has been set at $100,000 dollars.

(Atlantic, Iowa) [updated 8:30-a.m.*]- Cass County Sheriff’s deputies were asked to search for a possible suspect in an aircraft laser targeting incident that reportedly took place Thursday night. The Cass County Communications Center was notified by Minneapolis Air Traffic Control (ATC) that an aircraft traveling at an altitude of about 3,600-feet reported to the ATC, the pilot had seen a blue laser light that they thought was pointed at their aircraft. Cass County deputies were asked to search the area of 770th and Tucson Road (Southeast of Massena) for a possible suspect.

A statement provided to KJAN by the FAA said: “The pilot of a single-engine Cessna 172 reported being illuminated by a blue laser approximately 40 miles southwest of Des Moines International Airport in Iowa around 8:15 p.m. local time on Thursday, Nov. 7. No injuries were reported. Local authorities were notified. The FAA will investigate.”

Image from FAA.gov

*In a text message, Cass County Chief Deputy Sheriff John Westering confirmed with KJAN “Deputies responded to the area. Aside from finding a residence in the area with blue lights on, nothing was found.”

The FAA says “Intentionally aiming lasers at aircraft[s] poses a safety threat to pilots and violates federal law. Many high-powered lasers can incapacitate pilots flying aircraft that may be carrying hundreds of passengers.” U.S. law enforcement agencies and the Federal Aviation Administration may seek criminal and civil prosecution against violators. People who shine lasers at aircraft face FAA fines of up to $11,000 per violation and up to $30,800 for multiple laser incidents.

(Radio Iowa) – The approaching holiday season can be the hardest time of the year for many of the 100-thousand Iowans who are caring for a loved one with dementia. Megan Benzing, program manager for the Iowa Chapter of the Alzheimer’s Association, says they offer a wide array of resources, programs and support groups just for caregivers. “Alz Connected is an online messaging board where they can speak to other caregivers or family and friends who are also going through a similar situation,” Benzing says. “They can ask questions, get guidance and support as they’re going through this difficult time.”

The starting point is the website alz-dot-org-backslash-iowa, and all of the resources are free. There’s also a 24-7 helpline available at 800-272-3900. The cost of putting a loved one in a “memory care” facility can be several thousand dollars a month, so financial constraints can quickly become an issue for someone with dementia — and their family — making caregiving the best option.  “The goal is to try to keep them in their home as long as possible but because of the progression of the disease, they eventually get to a point where it’s nearly impossible for the caregiver to care for them on their own,” Benzing says. “They have to consider things such as in-home care, or putting their loved one into a care community.” The life expectancy after diagnosis often ranges from four to eight years, but she says it can be up to 20 years, based on conditions.

Being a caregiver can be particularly stressful and demanding. “Caregivers are often having to manage multiple conditions at a time,” Benzing says, “so not just memory loss, but long-term physical conditions, including gradual loss of mobility, emotional issues and behavioral and personality changes.” A survey found about a third of responding caregivers found themselves in declining health, while more than a quarter said they’d delayed or did not do things they should for their own health. More than six-million people nationwide are living with Alzheimer’s disease, including 62,000 in Iowa.

(More online at alz.org/iowa)

(Radio Iowa) – A update from the staff of the Board of Regents shows they are ahead of schedule in complying with a new law that requires cutting Diversity, Equity and Inclusion (D-E-I) programs. Regent Christine Hensley says she is pleased with the work done on the issue and was pleased after a meeting with students on the issue.  “Because they are excited about this, and they feel that now it’s open to all the students on the campus. And I thought that was extremely positive,” Hensley says. Regent David Barker says the report presented Thursday shows things are off to a good start. “The law is designed to keep university administration out of politics. Professors can conduct research and take controversial ideas wherever they go, but the university itself should be neutral on politics and controversial issues,” Barker says.

Barker says the report only deals with university administrative offices. “So the next question is, are there still dei offices on our campuses? This report suggests not. It tells us that the remaining offices that were reviewed were not engaged in D-E-I activities,” he says. “This is where I believe we have more work to do. Just this semester, there were several examples of university administrative offices that are not being eliminated or restructured that promoted D-E-I.” He says D-E-I has been ingrained in the system.

“Promotion of these ideas has been so widespread in university administration that achieving compliance will take a great deal of effort. Strategic Plans still need to be changed, and our presidents need to strongly communicate that they expect our universities to follow the spirit of the law, not find ways around it,” he says. Regent Robert Crammer says the students might want to participate in developing a process to address issues that pop up. “What’s their process of, you know, saying, ‘Hey, turn this in, this isn’t quite complying with the deal,’ and just have an orderly process. And even as we get texts or whatever, I would assume we would probably phone to Mark and he would follow up with it to see that it gets addressed,” he says.

Regent Jim Lindemayer says inclusion is something that we all want, but he thinks some of the mistakes is when it is institutionalized. “That’s where the tussle has come in, is that we’ve institutionalized these things and maybe taking them too far in some instances, maybe not far enough in others. That’s my opinion,” Lindemayer says. The new law will not take effect until July 1st of 2025, and the Board of Regents staff say they will continue working on the compliance issues.

State Representative Taylor Collins led Republican efforts on the D-E-I bill. He released a statement following the Board of Regents meeting Thursday that says: “Iowa’s higher education system will no longer waste millions or be distracted by ideological agendas. These changes are a positive step forward, but the legislature shouldn’t have to continue to do the Board of Regents or our University President’s job for them – Iowans expect more.”

DYERSVILLE, Iowa (KCRG) – The City of Dyersville has filed a lawsuit against Dubuque County after not receiving the $524,293.88 in American Rescue Plan Act funds owed to the city for the Field of Dreams project. According to KCRG-TV, in December 2023, the City of Dyersville was supposed to receive the money for renovations at the Field of Dreams, but the funds were fraudulently directed to a third party. Dyersville and Dubuque County entered the agreement in December 2022.

However, scammers hacked the City of Dyersville’s email and sent emails to Dubuque County, impersonating a Dyersville city clerk requesting the funds. Dubuque County Auditor Kevin Dragotto stated the office had no reason to question the payment and alerted law enforcement as soon as they were made aware of the fraud. However, the lawsuit filed Thursday alleges Dubuque County took no action to reach out to anyone in Dyersville to confirm the request for a transfer of funds, nor verified which account the funds were going to.

The investigation into the stolen funds started in February. Dubuque County Sheriff Joe Kennedy said the investigation is still active and includes the FBI. Sheriff Kennedy has said the money had been transferred to cryptocurrency, meaning it would likely be impossible to ever recover the funds.

The Iowa Communities Assurance Pool denied coverage for the money, saying that because the County actively sent the money to the wrong account, it does not meet coverage for a hacking or fraudulent act.

Dyersville city leaders say Dubuque County still owes the money. They’re filing the lawsuit for a breach of the contract.

(Radio Iowa)/KJAN) – As we reported Wednesday morning here on KJAN, a bond referendum for Iowa Western Community College failed to win voter approval by a slim margin, leaving college administrators and supporters to figure out a way to regroup. Iowa Western presented a 55 million dollar bonding referendum on General Election ballots in its 13-county community college district. Unofficial results show it fell a couple of hundred votes short of the 60 percent threshold required for approval. The final tally was 59-point-four percent.

Iowa Western President Dr. Dan Kinney said  “This would have allowed us to continue to build career and technical education jobs and, you know, definitely in rural and be able support our communities and things,” Kinney says, “and do it without a tax rate increase,” Kinney says. The referendum called for extending a current property tax levy that was set to expire — and use the money on technical training programs for in-demand careers and to expand the number of southwest Iowa students who could take Iowa Western Community College classes while they’re still in high school.

“A little disappointment there, but we’re a strong institution,” Kinney said. “We’ll keep moving forward.” Kinney says in retrospect, the college needed to do a better job of spreading the word that the proposal did not raise property taxes, but extended an existing levy for the college that was set to expire. “People didn’t know,” Kinney says. “I had people call me yesterday and they said: ‘It really wasn’t going to raise it.’ And I said: ‘No, it wasn’t.’ And they said: ‘Oh my God. I would have voted for it. I did not understand that.”

Kinney says part of the challenge was reaching voters across the 13 counties that are in the Iowa Western Community College region. Over 76-thousand residents in the region voted on the bond referendum.

(Ankeny, Iowa) – A car traveling in the wrong direction on Interstate 35 Thursday evening, resulted in a crash that claimed the life of a man from Minnesota, and resulted in a central Iowa man being injured. The crash happened in the southbound lanes of I-35 near mile-marker 88, at around 5-p.m., Thursday.

According to the Iowa State Patrol, 39-year-old Waulter Vasquez-Benitez, of Des Moines, was traveling south on the Interstate, when he saw a 2011 Chevy Impala driven by 91-year-old Paul J. Jacques, of Burnsville, MN, approaching in the wrong direction. When Benitez took evasive action to avoid a head-on collision, his 2008 Saturn Vue struck the concrete barrier.

A 2022 Toyota SUV driven by 78-year-old Hubert A. Morris of Ankeny, collided with the Impala, and went airborne and was struck by a 2004 Toyota SUV driven by 54-year-old Timothy E. Robinson, of West Des Moines. Both SUV’s came together and struck the concrete barrier before coming to rest.

Paul Jacques died from his injuries at Mercy Hospital in Des Moines. Hubert Morris was injured, and transported to Methodist Hospital in Des Moines. Both drivers were wearing their seat belts. No other injuries were reported. The crash remains under investigation. Traffic on the interstate was at a standstill for about three-hours, following the collision.

(Des Moines, Iowa) –  A nursing home in Johnston and one in Griswold, both with a history of staffing shortages, have been added to a federal list of the nation’s worst care facilities. The Iowa Capital Dispatch reports, last week, Bishop Drumm Retirement Center of Johnston and Griswold Rehabilitation and Health Care Center in Cass County were added to the nationwide list of nursing homes whose quality-of-care issues make them eligible for what’s called “special-focus status.”

The national list of Special-Focus Facilities is updated monthly by the Centers for Medicare and Medicaid Services and includes homes deemed by the agency to have “a history of serious quality issues.” Nationally, there are 88 nursing facilities designated Special-Focus Facilities, with one or two slots filled by each state. Those homes are enrolled in a special program intended to stimulate improvements in their quality of care through increased regulatory oversight.

Because the number of Special-Focus Facilities is capped, new facilities – even those that have earned CMS’ lowest ratings for quality — can’t be named a Special-Focus Facility until other homes in that same state have either shut down or improved and “graduated” from the program. That’s a process that can take four years or more. As a result, there are several homes in each state that are designated “eligible” for special-focus status due to their ongoing quality-of-care issues, but they are unable to benefit from actual enrollment in the program.

The Griswold Rehabilitation and Health Care Center on Harrison Street in Griswold, Iowa. (Photo via Google Earth)

Currently, the two Iowa nursing homes designated as Special-Focus Facilities due to an ongoing pattern of quality-of-care issues are the Aspire care facility in Gowrie, and the Arbor Court facility in Muscatine. Both have been operating for more than a year under the Special-Focus Facility designation. On Oct. 30, Bishop Drumm and the Griswold home were added to CMS’ list of 10 Iowa nursing homes deemed eligible for special-focus status.

The other eight Iowa nursing homes deemed eligible for the designation are Correctionville Specialty Care, Westwood Specialty Care of Sioux City, Greater Southside Health and Rehabilitation of Des Moines, Harmony West of West Des Moines, The Ivy at Davenport, Parkview Manor in Wellman, Pine Acres Rehabilitation and Care Center in West Des Moines, and Via of Des Moines.

Griswold Rehab and Healthcare spent 16 months on the eligibility list until it dropped off in April of this year. Last month, state inspectors visited the 31-resident facility and cited it for 17 violations – an unusually high number – although no fines were imposed or held in suspension. The violations included mishandling of residents’ funds, inaccurate resident assessments, failure to meet professional standards, insufficient nursing staff, and inadequate infection prevention and control.

While inspectors were in the building, a resident complained about the lack of staff and noted that earlier that same day she had used her call light to summon someone to change her briefs and she had to wait four hours before anyone responded. She had to sit in her own waste for the full four hours, the woman allegedly reported. In their written report, the state inspectors said one nurse aide stated that when the inspection team had arrived that day, “she was working by herself” in the home. The aide allegedly said “it is very frustrating to be the only staff and being paged by everyone.”

The Iowa nursing homes that have spent the most time on the candidate list are Greater Southside Health and Rehabilitation of Des Moines, which has been eligible for special-focus status for 28 months, and Westwood Specialty Care and The Ivy at Davenport, both of which have been eligible for 14 months.