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Judiciary

Hell, hell, the gang's all here

by: mrtyryn

Tue Jul 28, 2015 at 09:44:52 AM CDT

(Interesting look at key points and possible effects of Iowa Code on criminal gang participation and gang recruitment, adopted 25 years ago. - promoted by desmoinesdem)

The New York Times Magazine featured an article around the life of a former gang member and addict, Dr. Jesse De La Cruz, who currently serves as an expert witness in some California jury trials.  His testimony has convinced juries on some occasions that a person is not a gang member.  That's not to say that the defendant was not convicted of a crime; it's just that he wasn't convicted of being a gang member.
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Three cheers for Iowa's county recorders

by: desmoinesdem

Fri Jul 24, 2015 at 11:23:52 AM CDT

Less than a month after the U.S. Supreme Court majority struck down state-level bans on same-sex marriages, at least two county clerks in Kentucky have refused to issue marriage licenses to LGBT couples, prompting a lawsuit from the American Civil Liberties Union of Kentucky on behalf of four couples. One of the county clerks has decided to stop issuing marriage licenses to anyone in her county so that she can't be forced to perform that service for LGBT citizens. How embarrassing. You want nothing to do with same-sex marriages? Go work for a church that doesn't recognize them.

I'm so proud that to my knowledge, no county recorder in Iowa ever used his or her religious convictions as an excuse for not doing a secular job in a professional way.

Not for lack of trying by some social conservative activists, egged on by certain Iowa Republican lawmakers. Follow me after the jump for a walk down memory lane and a list of Iowa counties where LGBT couples have exercised their right to marry since 2009.

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Five ways cleaning up coal-fired power plants will save Iowans' lives

by: desmoinesdem

Fri Jul 17, 2015 at 10:05:28 AM CDT

The best news in Iowa this week came out of a federal courtroom in Cedar Rapids. As Ryan Foley reported for the Associated Press, "Iowa's second-largest power company agreed Wednesday to drastically cut pollution at several coal-fired power plants under a Clean Air Act settlement that's expected to make the air safer and easier to breathe around the state." You can read the full consent decree here and the complaint filed against the Alliant Energy subsidiary Interstate Power and Light here.

Huge credit for the victory goes to the Sierra Club Iowa chapter. Foley reports that this federal government enforcement action "started in 2011 when the Sierra Club filed a notice accusing the company [Interstate Power and Light] of violating the Clean Air Act." The Sierra Club advocates for a range of policies to reduce air pollution and Iowa's reliance on coal to generate electricity.

I enclose below highlights from Foley's article and five reasons the changes at the affected power plants will save Iowans' lives.

The agreement U.S. officials reached with Interstate Power and Light is also an encouraging sign that a recent U.S. Supreme Court decision against the Environmental Protection Agency's rule on mercury emissions is at most a temporary setback for clean air. In some communities, the court's ruling won't even slow down efforts to convert coal-fired plants to other fuel sources.

If only Governor Terry Branstad, who has often spoken of his desire to make Iowa the "healthiest state," could recognize the benefits of burning less coal. Although Branstad was happy to bask in the reflected glory of new pollution controls at one of the affected Interstate Power and Light power plants, he welcomed the U.S. Supreme Court ruling against the mercury rule, which the governor's office characterized as a "misguided" EPA regulation.  

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AFSCME, 20 Democratic legislators sue Branstad over mental health closures (updated)

by: desmoinesdem

Mon Jul 13, 2015 at 21:10:00 PM CDT

Iowa's largest public employee union and 20 Democratic state legislators filed a lawsuit today challenging the closure of mental health institutes in Mount Pleasant and Clarinda. I enclose below a press release from AFSCME Council 61, which lists the six state senators and fourteen state representatives who joined the lawsuit naming Governor Terry Branstad and Department of Human Services Director Chuck Palmer.

The Branstad administration announced plans in January to close two of Iowa's four in-patient mental health facilities. State legislators were neither consulted nor notified in advance. The Department of Human Services started winding down operations well before the end of the 2015 fiscal year. Democrats fought to include funding for the Clarinda and Mount Pleasant institutes in the budget for the current fiscal year, but Branstad item-vetoed the appropriation. The lawsuit contends that closing the facilities violates Iowa Code, which holds that the state "shall operate" mental health institutes in Mount Pleasant and Clarinda. The governor's communications director told KCCI that AFSCME's leader in Iowa "is resistant to change" and that the closed "centers were not suited to offer modern mental health care."

The Iowa legislature's decision next year on whether to fund the Clarinda and Mount Pleasant facilities will be critically important. The Iowa Supreme Court recently dismissed the lawsuit challenging the closure of the Iowa Juvenile Home in 2014, without considering the merits of that case, on the grounds that the legislature made the issue "moot" by no longer appropriating state money to operate that facility. By refusing to include funding for the two closed mental health institutes in the budget for fiscal year 2017, Iowa House Republicans could bolster the Branstad administration's efforts to defeat the lawsuit filed today.

UPDATE: Added more speculation about this lawsuit's prospects below.

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State Senator Jason Schultz has a strange view of treachery

by: desmoinesdem

Sat Jul 11, 2015 at 09:56:23 AM CDT

State Senator Jason Schultz weighed in last night on the controversy over Confederate flag displays: "I'm now convinced the whole Confederate flag issue is simply about progressives teaching the establishment R's how to jump through hoops."

During our ensuing dialogue, Schultz revealed the level of nuanced thinking and temperate choice of words one would expect from a Ted Cruz endorser.  

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Steve King encouraging states to disregard marriage equality ruling

by: desmoinesdem

Fri Jul 10, 2015 at 14:02:58 PM CDT

Having tried unsuccessfully to prevent federal courts from hearing cases about marriage rights, Representative Steve King (IA-04) introduced a resolution today that would express the U.S. House's disagreement with last month's U.S. Supreme Court majority opinion in Obergefell v Hodges.

King's effort surely qualifies as the "strong message" he promised to send to the Supreme Court immediately after the Obergefell decision. But it is strikingly different from his response to the Iowa Supreme Court's marriage equality ruling in 2009.

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Obergefell Decision Enhances Religious Liberty

by: JoeStutler

Tue Jul 07, 2015 at 09:20:55 AM CDT

(I couldn't agree more. - promoted by desmoinesdem)

Since the Supreme Court of the United States issued its ruling in the Obergefell v. Hodges decision, affirming the right of same-gender couples throughout the country to marry, some politicians and pundits have claimed religious liberty is now threatened in our nation.

"This decision will be a serious blow to religious liberty," said Mike Huckabee. Bobby Jindal said the decision was the start of an "all-out assault on religious freedom." Ted Cruz said, "Religious liberty has never been so threatened as it is today."

Of course, that's not true. The decision has no adverse impact on any religious institutions or faith leaders. In fact, the decision has quite the opposite impact. It's a victory for religious liberty.  

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Branstad insists on keeping administrative law judges "at-will," easier to fire

by: desmoinesdem

Fri Jul 03, 2015 at 10:47:23 AM CDT

Not for the first time and probably not for the last time, Governor Terry Branstad dropped a lot of line-item vetoes late in the afternoon before a holiday weekend. Early news reports are understandably focusing on the vetoes of one-time funding for K-12 education and state universities, as well as language that would have kept mental health institutions in Clarinda and Mount Pleasant open. Bleeding Heartland has a post in progress about the fallout from those actions and others, including Branstad's decision to strike language that would have expanded child care assistance.

Democratic State Representative Sharon Steckman called attention to several other line-item vetoes that flew below the radar yesterday. One of them seems particularly important, as it could put the State of Iowa at odds with U.S. Department of Labor demands to "strengthen Iowa's compliance with Federal law" and keep administrative law judges "free from actual or perceived intimidation."

JULY 6 UPDATE: The vetoed language pertained to administrative law judges working for the Public Employment Relations Board, not Iowa Workforce Development; see further details below.

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Iowa Board of Medicine not ready to face reality on telemed abortion or court appeals process

by: desmoinesdem

Thu Jul 02, 2015 at 15:35:07 PM CDT

Nearly two weeks ago, the Iowa Supreme Court ruled unconstitutional the state ban on using telemedicine for abortion. The unanimous decision is the end of the line for a rule the Iowa Board of Medicine adopted in the absence of medical evidence.

Yet Governor Terry Branstad isn't the only person reluctant to take the Iowa Supreme Court's no, no, no, no, no, no for an answer. Tony Leys reported for the Des Moines Register on Tuesday, "The Iowa Board of Medicine has huddled three times with its lawyers since losing a key state Supreme Court case this month, but has not yet decided whether to appeal or accept the decision."

I don't know what's more surprising: that after three meetings, those attorneys still haven't persuaded board members to quit while they're behind, or that board members who didn't participate in making the unconstitutional rule are considering hitching their wagons to this cause.

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Iowa reaction to Supreme Court ruling on marriage equality

by: desmoinesdem

Sat Jun 27, 2015 at 06:42:23 AM CDT

In a 5-4 decision announced Friday, the U.S. Supreme Court cleared the way for same-sex couples to marry in all 50 states and ordered state governments to recognize same-sex marriages performed anywhere in the country. Justice Anthony Kennedy wrote the majority opinion in Obergefell v Hodges, joined by Justices Elena Kagan, Ruth Bader Ginsburg, Sonia Sotomayor, and Stephen Breyer. Each of the dissenting justices wrote a separate opinion; all are available in this pdf file after Kennedy's opinion. Amy Howe explained the majority opinion in "Plain English" while Lyle Denniston posted a brief analysis.

Follow me after the jump for Iowa reaction on both sides of the marriage debate. Two years ago, Bleeding Heartland compiled Iowa politicians' comments on the U.S. Supreme Court ruling in Windsor, which struck down the federal ban on same-sex marriages but left state bans intact.

As a group, Iowa Democratic politicians are more enthusiastic and less cautious about welcoming marriage equality now than was the case in 2009, when the Iowa Supreme Court struck down our state's Defense of Marriage Act. Many Iowa Republicans called for elected officials to overturn the 2009 Varnum v Brien ruling by passing a constitutional amendment, but reacting to the latest U.S. Supreme Court ruling, few in the Iowa GOP sounded hopeful that there was any chance to reinstate state bans on same-sex marriage.

I will update this post as needed.  

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Branstad not ready to face reality on telemed abortion or court appeals process

by: desmoinesdem

Fri Jun 26, 2015 at 07:15:00 AM CDT

A unanimous Supreme Court ruling against your position is usually a sign that your legal arguments lack merit. But Governor Terry Branstad hasn't learned that lesson from his administration being on the wrong end of not one, not two, but three unanimous Iowa Supreme Court rulings.

Last week, the court ruled with no dissenting justices that Iowa's ban on using telemedicine to provide abortion services is unconstitutional. Three of the justices who concurred in the decision are Branstad appointees (Chief Justice Mark Cady and Justices Edward Mansfield and Thomas Waterman). Two of them--Waterman and Mansfield--have demonstrated in previous cases that they are reluctant to substitute their judgment for that of executive branch bodies responsible for rulemaking. Yet Branstad not only rejects the reasoning underlying the telemedicine ruling, but also refuses to accept legal experts' determination that his administration cannot appeal the decision to the U.S. Supreme Court.  

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Supreme Court saves health insurance subsidies for 6 million Americans (and 40,000 Iowans)

by: desmoinesdem

Thu Jun 25, 2015 at 16:10:00 PM CDT

Some 40,000 Iowans will continue to receive federal subsidies for purchasing health insurance, thanks to a 6-3 U.S. Supreme Court opinion announced today. Plaintiffs in King v Burwell had argued that Congress intended for subsidies to be available only to Americans who purchased health insurance through state-run exchanges. Chief Justice John Roberts rejected that interpretation in his opinion (pdf), joined by Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. Amy Howe explained the ruling in "plain English" at the SCOTUS blog, where Lyle Denniston wrote a separate analysis of the opinion.

Dissenting Justice Antonin Scalia accused his colleagues of changing "usual rules of statutory interpretation for the sake of the Affordable Care Act," as the Supreme Court majority did (in his view) when it upheld the individual mandate to purchase health insurance in 2012.

A ruling for the plaintiffs in King v Burwell would not only have threatened health care access for roughly 6.4 million people who receive subsidies for health insurance purchased through the federal website Healthcare.gov. It could have caused cascading effects such as sharp premium increases for millions of Americans who do not qualify for subsidies but would nevertheless have been priced out of the health insurance market. In theory, Congress could have fixed the problem with a one-paragraph bill clarifying that people who buy insurance through the federal exchange qualified for subsidies, but most House and Senate Republicans appeared unwilling to go that route.

Today's Supreme Court decision removes the only remaining threat to federal health insurance subsidies for eligible Iowans. Last month, several insurance companies applied to offer policies for 2016 to Iowans through the exchange. Only one provider did so for 2015, and if that company had pulled out of Iowa, health insurance subsidies would not have been available to anyone in our state for next year.

UPDATE: Added Iowa political reaction below. Note that several of the Republican statements renew a vow to repeal and replace "Obamacare." Though destroying the system created by the 2010 health care reform law was transparently the goal of the King v Burwell plaintiffs, their lawyers maintained the charade that the lawsuit was only about getting the Obama administration to follow the Affordable Care Act.

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Five key points about the Iowa Supreme Court striking down the telemedicine abortion ban

by: desmoinesdem

Sat Jun 20, 2015 at 22:30:15 PM CDT

The Iowa Supreme Court ruled unanimously yesterday that Iowa's ban on the use of telemedicine to provide abortion services was unconstitutional because it imposed an "undue burden" on women seeking an abortion. You can read the whole ruling here (pdf). I've posted highlights after the jump, along with some reaction to the decision from both sides in the debate.

A few points are worth remembering.

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Chris Godfrey's lawsuit against Branstad administration takes another detour to Iowa Supreme Court

by: desmoinesdem

Thu Jun 04, 2015 at 17:05:58 PM CDT

Nearly four years have passed since Governor Terry Branstad and his senior staffers tried to strong-arm Iowa Workers Compensation Commissioner Chris Godfrey into resigning years before the end of his fixed term, but the lawsuit Godfrey filed in early 2012 won't be heard in court anytime soon. Grant Rodgers reported for the Des Moines Register today that before the case goes to trial, the Iowa Supreme Court will rule on whether Godfrey "can invoke the Iowa Constitution to win monetary damages from the state in his lawsuit against Branstad, Lt. Gov. Kim Reynolds and four former state officials." Excerpts are after the jump, but you should click through to read the whole story. Godfrey's attorney Roxanne Conlin appealed to the Iowa Supreme Court after Polk County District Court Judge Brad McCall "tossed out Godfrey's four constitution-based claims in an April order."

Last summer, a divided Iowa Supreme Court ruled that Godfrey could sue Branstad and five other administration officials individually for defamation, extortion and other claims, in addition to pursuing general claims and tort claims against the state of Iowa.  The governor contends that neither he nor his staffers discriminated against Godfrey, and that he was seeking to appoint a commissioner who would be more sympathetic to business owners. Depositions began in the fall of 2014, and a trial date had been set for November of this year. The Iowa Supreme Court is likely to resolve the new constitutional issue sometime in 2016.

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Iowa Supreme Court dismisses case on Iowa Juvenile Home closure

by: desmoinesdem

Fri May 29, 2015 at 09:35:00 AM CDT

This morning the Iowa Supreme Court unanimously dismissed a lawsuit brought by Democratic state lawmakers and a public employee union leader to challenge the closure of the Iowa Juvenile Home without legislative input in the middle of the 2014 fiscal year. The seven justices reversed a Polk County District Court ruling from February 2014, which had ordered the Branstad administration to reopen the home.

The full text of Justice Edward Mansfield's decision is available here (pdf). Follow me after the jump for key points and excerpts. The central factor in the ruling was the Iowa legislature's failure to appropriate funds to operate the Iowa Juvenile Home for the 2015 fiscal year.

Today's news is a classic example of elections having consequences. Had Democrats recaptured the Iowa House majority in 2012, which could easily have happened with better allocation of resources, lawmakers in both chambers would have funded the home for girls during the 2014 legislative session. That in turn would have prompted the Iowa Supreme Court to view the lawsuit over the juvenile home closure differently.

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Iowa DOT insists that cities shut off some of their traffic cameras

by: desmoinesdem

Wed May 13, 2015 at 22:06:33 PM CDT

The Iowa Department of Transportation is standing behind its ruling that limited the use of traffic cameras in several large Iowa cities. The DOT adopted new rules in late 2013 to limit local governments' ability to install traffic cameras on or near highways. Those rules required cities to demonstrate that cameras were needed to address "critical safety issues," which could not be resolved by other means. Studies have produced conflicting data on whether cameras reduce red light or speeding infractions or vehicle accidents.

In March of this year, DOT officials ordered officials in six cities to shut off ten out of 34 traffic cameras cities had defended on safety grounds. The city of Davenport opted to comply with the DOT ruling, but five other cities asked department officials to reconsider the decision. (Although a reversal was unlikely, exhausting administrative appeals typically precedes legal action challenging a state agency's decision.)

This week, DOT Director Paul Trombino notified city officials in Des Moines, Cedar Rapids, Council Bluffs, and Muscatine that the department was rejecting their appeals, because data did not demonstrate that the disputed cameras had improved safety or reduced crashes. Click through to read copies of the letters. The fifth city to appeal, Sioux City, filed a lawsuit last year challenging the DOT rules. A Woodbury County District Court is scheduled to hear that case soon. Des Moines officials plan to challenge the DOT in court as well. Cedar Rapids officials have not yet decided whether to file a lawsuit. After the jump I've enclosed excerpts from Kathy Bolten's report for the Des Moines Register and Rick Smith's for the Cedar Rapids Gazette.

Local governments are generally responsible for enforcing traffic laws. I'll be interested to see whether Iowa courts back up the DOT's efforts to restrict those powers on or near major highways. According to Trombino, the Iowa Code allows the DOT to enforce limits on cameras for traffic enforcement. Whatever the courts decide, the state's multi-pronged assault on local control remains an under-reported story of Governor Terry Branstad's fifth and sixth terms.

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Weekend open thread, with more marriage equality links

by: desmoinesdem

Sun May 03, 2015 at 13:07:10 PM CDT

What's on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Marriage equality has been all over the news, with the sixth anniversary of legal same-sex marriage in Iowa arriving the same week the U.S. Supreme Court heard oral arguments related to state bans on marriage for LGBT couples. The Des Moines Register published charts showing Iowa poll findings on same-sex marriage going back to 1996. In that year, the Iowa House and Senate approved the Defense of Marriage Act, which the state Supreme Court struck down in the 2009 Varnum v Brien decision. Then State Representative Ed Fallon was the only Iowa lawmaker to vote against the DOMA; click here to read his passionate floor speech against the bill. I've posted excerpts after the jump.

The Washington Post compiled five charts showing "gay marriage's road to popularity." The most fascinating data point to me was that 34 percent of Republican respondents in an April 2015 nationwide Washington Post/ABC News poll now support marriage equality. Another chart shows that "Same-sex marriage attitudes also continue to be divided along religious lines." That data set did not include Jews, however, who overwhelmingly support marriage equality.

Today's Sunday Des Moines Register includes two good features by Mike Kilen following up on the six couples who were plaintiffs in the Varnum case. In a separate piece, Bob Vander Plaats and State Senator Dennis Guth told Kilen why they still believe it was a mistake to allow same-sex couples to marry.

Former California Governor Arnold Schwarzenegger believes the decline in Republican voter registrations in his state is linked to "divisive battle over Proposition 8," a state constitutional amendment to ban same-sex marriage. California voters approved Prop 8 by ballot initiative in 2008, but it ceased to be in effect in June 2013, when the U.S. Supreme Court ruled that Prop 8 supporters did not have standing to appeal a lower-court ruling striking down the marriage ban.

Final note: Dowling Catholic High School in West Des Moines approved a request by a group of students to form a non-religious LGBT support club. The school recently made national news by withdrawing a contract offer made to an openly gay teacher. The new gay-straight alliance, "One Human Family," will help provide "support, respect, and guidance" for students who either identify as LGBT or have questions about their sexual orientation.  

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Ten links on the Supreme Court's oral arguments about same-sex marriage

by: desmoinesdem

Tue Apr 28, 2015 at 20:46:42 PM CDT

The U.S. Supreme Court heard two and a half hours of oral arguments this morning in several cases related to same-sex marriage rights, collectively called Obergefell v. Hodges. This thread is for any relevant comments or speculation.

April 27 marked six years since LGBT couples were able to obtain marriage licenses in Iowa under our state Supreme Court's Varnum v Brien ruling. Bleeding Heartland recently compiled some links related to the marriage equality battle in Iowa.

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Weekend open thread: Latest Steve King publicity stunt edition

by: desmoinesdem

Sun Apr 26, 2015 at 09:48:19 AM CDT

What's on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Iowa's own Representative Steve King (R, IA-04) grabbed national attention this week by introducing a bill to "prevent federal courts from hearing marriage cases," thereby stopping the U.S. Supreme Court from "destroying traditional marriage." After the jump I've posted King's official statement about the "Restrain the Judges on Marriage Act" as well as the full text.

President Barack Obama would surely veto this bill, even if it quickly passed the U.S. House (unlikely) and Senate (less likely). So King's effort looks like a publicity stunt to bolster his image as one of the leading culture warriors on the right.

Out of curiosity, I asked Drake Law School Professor Mark Kende, an expert on constitutional law, whether it would theoretically be possible for Congress to limit the Supreme Court's authority to consider any case on marriage. According to Kende, the U.S. Constitution allows Congress to "make exceptions to the Supreme Court's appellate jurisdiction." Most Congressional efforts along these lines have failed to become law. However, a 19th-century precedent exists; in that case, Congress blocked the Supreme Court from ruling on an appeal in which justices had already heard oral arguments.

Whether King's proposal would be constitutional is a more complicated question, Kende said. The Reconstruction-era law blocked a specific kind of appeal based on habeas corpus but did not bar the Supreme Court from ruling on all cases in that area of the law. The Constitution allows some leeway for "jurisdiction stripping" as a Congressional check on the judiciary, but that doesn't necessarily mean citizens could be prevented from taking any case about their fundamental marriage rights to the Supreme Court.

In an alternate universe where Congress passed and the president signed King's bill, the twelve federal appellate court rulings would be binding in their regions. Most federal court rulings on same-sex marriage bans have supported the principle of marriage equality. Only a divided 6th Circuit Court of Appeals upheld states' ability to limit marriage rights to opposite-sex couples.

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Henry Rayhons acquitted on sex abuse charge (updated)

by: desmoinesdem

Wed Apr 22, 2015 at 17:23:57 PM CDT

A Hancock County jury acquitted former State Representative Henry Rayhons today on a charge of 3rd Degree Sexual Abuse. Rayhons was accused of having sex with his incapacitated wife in an assisted living facility last May. Prosecutors had tried unsuccessfully to move the trial out of Rayhons' home county, which he had represented for eighteen years in the Iowa House.

The jury deliberated for three days before reaching a not guilty verdict. During the trial, Rayhons denied that he had sex with his wife on the date in question. He had admitted to doing so when first interviewed by a state investigator, but during the trial he said that the investigator had been yelling at him and bullied him into the admission. His DNA was found on his wife's clothing and bed sheets, but on the witness stand during the trial, Donna Rayhons' former roommate testified that she could not be sure of hearing Rayhons having sex with his wife. The the defense argued that the defendant's DNA "could have been left on his wife's things from a previous sexual encounter, before Rayhons had been told by nursing home staff his wife was no longer able to consent to sex." A nurse's exam produced no proof of sexual intercourse on the date in question.

In closing arguments, Assistant Iowa Attorney General Susan Krisko tried to keep the jury focused on the specific events of this case rather than a "philosophical debate" on "whether or not someone with Alzheimer's can have sex." But Rayhons' attorney warned jurors,

"It's an unprecedented case. The decision that you make here will be debated, discussed, followed for years," defense lawyer Joel Yunek said in his closing statement. He said a guilty verdict could make other spouses afraid to even visit a husband or wife with Alzheimer's disease, for fear of being charged as a rapist if the partner with dementia grabbed them the way Rayhons says Donna Rayhons did to him.

Under those circumstances, I'm not surprised the jury acquitted. The defense was wise to frame the case in broad terms, since the trial was getting national attention. We can only hope that Krisko was wrong about an acquittal being tantamount to declaring "open season" on vulnerable people in nursing homes.

LATE UPDATE: In early May, juror Angela Nelson, posted her perspective on the case and why the jury acquitted. Worth clicking through to read the whole piece, but ultimately, forensic evidence was lacking to prove the prosecutor's case. Nelson added that people "with Alzheimer's are still human beings that have the same emotional needs we all have," and "For the state of Iowa to try and legislate intimacy between a married couple is a very dark road to go down [...]."

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