# Crime



article on the medical marijuana debate

Hey all, I haven’t posted in awhile, so this is pretty shameless, linking to the Ames Progressive again. But we just published our September issue with a 4500-word feature on the medical marijuana debate in Iowa (the first Board of Pharmacy hearing on the science behind its medical value was held last week).

I know the site’s been following this, so check this out if you’re interested in a comprehensive overview of what’s going on. Cheers!

http://amesprogressive.org/200…  

Burt gets fine, probation for drunk driving

State Representative Kerry Burt received a year of probation and a $625 fine after pleading guilty to drunk driving, the Des Moines Register reported on August 21. He will also be required to take a class for drunk drivers. Burt released a statement apologizing for his actions and promising never to let it happen again. I’ve posted that statement after the jump. It doesn’t sound like he’s planning to resign.

I would like Democrats to find a new candidate for House district 21 next year. The Register pointed out that State Senator Robert Dvorsky was re-elected in 2006 despite a drunk driving arrest earlier that year, but Dvorsky had spent nearly two decades in the Iowa legislature at that time and represents a safe Democratic district. Burt is in his first term and defeated a Republican incumbent by a narrow margin in 2008. He is also among several people being investigated for giving false addresses in order to evade tuition payments at the University of Northern Iowa’s Malcolm Price Laboratory School.

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A job for Black Hawk County Democrats

Please find us a new candidate in Iowa House district 21. State Representative Kerry Burt should not run for re-election and probably should not even serve out his term. It would be hard enough to salvage a political career in light of a state auditor’s report and criminal investigation over Burt giving a false address to evade tuition fees for his children. But this report is just as disturbing:

Rep. Kerry Burt, D-Waterloo, told Ankeny police in February that he could not be arrested because of his position as a state representative, according to the police report.

Burt also told police that it was not a question of how much he had to drink but “who he was drinking with.” Burt then whispered, “the governor,” according to police reports.

Burt apparently also mentioned that he was a firefighter and asked for some “professional courtesy” instead of arrest. His attorney says his comments are being taken out of context. I don’t know what the criminal investigation regarding the tuition fees will conclude, and I don’t know whether Burt will be convicted of the drunk driving charge, but it looks to me like his political career is over.

Governor Culver doesn’t want anything to do with defending Burt, and who can blame him?

“Obviously this is a very serious legal matter and it’s very troubling to see how dangerous this situation really was,” Culver said, later adding that he was only with Burt that night for about 30 minutes at a dinner attended by roughly 15 people.

“I have no idea what he did after I left that dinner at 8:55. I was home at 9 o’clock. He was arrested at 2 a.m. I have no idea really what he did between 9 and 2.”

Culver declined to say if he believed Burt should resign. That decision, Culver said, is for Burt to make.

The Iowa House Ethics Committee won’t take up this matter until other investigations conclude. It would be better for Burt to resign or at least announce that he doesn’t plan to run for re-election next year.

We have a lot of good Democrats in the Waterloo area. Please post a comment if you have any suggestions about good candidates for this House district in 2010, or sooner if a special election is needed.

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Medical marijuana will be topic for public hearings

The Iowa Board of Pharmacy on Tuesday refused to reclassify marijuana as a medication doctors can prescribe, but voted to hold public hearings on the issue.

A bill introduced last year in the Iowa Senate would have allowed not-for-profit facilities called “compassion centers” to acquire, cultivate and deliver marijuana and related supplies to qualifying patients. The bill never got out of subcommittee, but its sponsor, Sen. Joe Bolkcom, said Tuesday that the Legislature could approve some sort of legalization.

The Iowa City Democrat applauded the plan to hold statewide hearings. “Like with any issue, there’s a certain education process that needs to go on,” he said.

Sen. Merlin Bartz, a Grafton Republican who served on the subcommittee, opposed Bolkcom’s bill because he thought it offered too few controls. However, Bartz said he believes more legislators would support a medical-marijuana bill with the same kinds of tight regulations already in place on prescription painkillers and other addictive drugs.

When the Iowa Board of Pharmacy announces dates and locations for these public hearings, I will include them on my event calendars at Bleeding Heartland.

Iowa should not have to reinvent the wheel on medical marijuana. Presumably our legislators could adapt model language from statutes approved elsewhere.

Tony Leys of the Des Moines Register reported that the Board of Pharmacy’s resolution denying the request to reclassify marijuana also attacked Carl Olsen, who heads Iowans for Medical Marijuana. It cited Olsen’s various arrests on marijuana-related charges during the 1970s and 1980s.

Des Moines Register columnist Marc Hansen described the Board of Pharmacy’s reaction to Olsen as “overblown.” What bothers me is that board members seem to think Olsen’s personal history is relevant to the issue of whether marijuana should be classified as a drug so dangerous that Iowa doctors cannot prescribe it.

The Board of Pharmacy’s actions on this matter should not be influenced by members’ opinions about Olsen or his motives. Their job is to evaluate the evidence on whether marijuana has valid medical uses. Under certain circumstances, Iowa doctors already can prescribe narcotics that are more addictive than marijuana and have more harmful side effects.

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Update on Iowa House districts 90 and 21

Governor Chet Culver has set September 1 as the date for the special election in Iowa House district 90, which includes Van Buren and parts of Wapello and Jefferson counties. The seat opened up when State Representative John Whitaker decided to take a position with the U.S. Department of Agriculture.

If you live within striking distance of this district, please consider volunteering for Democratic candidate Curt Hanson. His campaign website is here, and he’s also on Twitter and Facebook. This will be a low-turnout election, so a strong volunteer effort will be essential.

According to Bleeding Heartland user im4klein, the GOP will announce its candidate in House district 90 today or tomorrow. Supposedly he is a farmer who has won elections in the past. Sounds like a county supervisor to me, but we’ll find out soon enough.

UPDATE: The Republican candidate for this special election is indeed a county supervisor–to be more precise, Jefferson County supervisor Stephen Burgmeier. Click the link to read his press release. The last time Burgmeier was on my radar screen, he and his fellow supervisors had passed a resolution on April 27, 2009, asking the Iowa legislature to stop same-sex marriages. Burgmeier’s timing was either brilliant (because April 27 was the first day for legal same-sex marriages in Iowa) or stupid (because the legislature had just adjourned for the year on April 26). I expect him to make gay marriage a major issue in this special election campaign.

SECOND UPDATE: According to The Iowa Republican’s Al Swearengen,

Ed Failor Jr. and Iowans for Tax Relief are running the entire campaign effort in the [House district 90] special election…

Word is that Failor has committeed big dollars to the race and already has his ITR staff embedded in the district and running the race… […]

Anybody that questions the power and influence of Failor and ITR need to look no further than this race…they are running this race…and are in charge of all [Iowa] House and Senate elections…

Meanwhile, the Des Moines Register reports,

Iowa Division of Criminal Investigation is investigating a case that involves a state audit that indicates a representative shortchanged an Iowa school $37,000, a state spokesman confirmed today.

No charges have been filed against Rep. Kerry Burt, D-Waterloo, but if the accusations prove to be accurate, they ultimately could lead to his removal from office, according to Iowa law.

House Speaker Pat Murphy told the Register, “I think [Burt] has a very good record, and I stand behind him at this point, and I’m 100 percent with him.” I hope Murphy has a plan B in case the criminal investigation confirms the allegations in the state auditor’s report. Burt’s seat wasn’t going to be an easy hold even before this scandal, because of his arrest in February on a drunk driving charge, which has not yet gone to trial.

We have a lot of good Democrats in the Waterloo area, and I’d like to see someone else on our ballot line in House district 21 next year.

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Local landmark will lose the Archie Brooks name

After “an emotional public hearing,” the Des Moines City Council voted 6-0 today to restore the original name of the Archie Brooks Community Center on the south side:

Brooks, a long-time councilman who was first elected in 1975, pleaded guilty of conspiracy and misappropriation of public money stemming from his role in a payroll scandal at the Central Iowa Employment and Training Consortium, where he once served as board chairman. He was sentenced in January to a year and a day in prison and was ordered to repay $400,000 of the nearly $2 million lost in the scandal.

Some argue Brooks’ actions not only disgraced himself, but shamed the city, while others say decades of public service outweigh any of his admitted misdeeds.

The nice facility will once again be known as the Pioneer-Columbus Community Center.

City Council member Tom Vlassis abstained from today’s vote. He was a CIETC board member when crimes occurred at the agency and has admitted that he was a “rubber stamp” for what CIETC executives wanted.

Most Des Moines residents who contacted City Council members about the matter supported taking Brooks’ name off the community center. However, listening to those who stand by Brooks even now provides a good reminder of how well patronage can work for local political bosses.

Share any relevant thoughts in this thread. Bonus points if you can explain why the CIETC scandal, involving about $2 million, has generated more intense public outrage than the billions of taxpayer dollars squandered in wasteful, no-bid federal contracts every year.

I suspect this is mainly related to “agenda-setting” by local media that put CIETC on the front page for months. Perhaps some armchair psychologist in the Bleeding Heartland community knows of other reasons why certain crimes involving public money make people angrier than others.

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Memo to disgruntled bar owners

Even if you don’t like Iowa’s public smoking ban, even if you think the smoking ban is unconstitutional, even if you have joined a lawsuit challenging the smoking ban, the smoking ban still applies to you.

Larry Duncan, owner of Otis Campbell’s Bar and Grill in West Burlington, learned that lesson today when his business became the first to lose its liquor license for failing to comply with the Iowa Smokefree Air Act. State Senator Tom Courtney hailed today’s action by the Iowa Alcoholic Beverages Division in a statement released by the Iowa Senate Democrats (excerpt):

“This is a great day for restaurant and bar owners in our community who are playing the rules,” said State Senator Tom Courtney of Burlington. “This law protects the health of employees who don’t have a choice when they are forced to work in smoke-filled rooms. The overwhelming majority of employers in the state understand this and have complied with the law.”

The state decision leaves room for the liquor license to be restored sooner if Otis Cambpell’s agrees to the follow the law.

“I think that’s a reasonable compromise,” said Courtney. “It would send the wrong message to law-abiding Iowans if the state ignored a handful of business owners who are thumbing their nose at this new law.”

According to the Des Moines Register, Duncan is challenging the smoking ban in federal court. Other restaurant and bar owners have filed suit in Iowa. I think they are all wasting their money, as courts have upheld other state and local smoking bans, but they have every right to challenge the law. They do not have the right to flout the law in the meantime, though. Last summer a judge denied a request to suspend the smoking ban pending trial.

Share any relevant thoughts and opinions in this thread.

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Grassley news roundup

I haven’t written anything yet about Senator Chuck Grassley’s comments on the AIG bonuses. The whole episode was such an empty populist gesture. First he said the AIG no-goodniks should act like the Japanese and either offer a humble apology or kill themselves. Then he walked back his comments and said they should offer a sincere apology. That’s all? I’d like to see more strings attached to the Wall Street bailout program, which Grassley voted for.

The Twitterer for the Daily Iowan Opinion page had the best response to Grassley I’ve seen so far. After the senator explained that “I do want an attitude in corporate American that’s similar to what they have in corporate Japan,” DIOpinions commented, “Making failed American executives more like their Japanese counterparts would require massive pay cuts.” Don’t hold your breath until Grassley gets behind that.

Anyway, we’ll find out how much Grassley cares about getting taxpayers’ money back from AIG when the Senate votes on the bill the House of Representatives passed yesterday.

Follow me after the jump to read about Grassley’s recent comments on medical marijuana and health care reform.

Also, I can confirm that at least one Democrat is stepping forward to challenge Iowa’s senior senator in 2010. Details are below.

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Arkansas hero's reward? $300,000 in medical bills

Daily Kos user JoesUnionReview brought Nigel Haskett’s story to my attention. Haskett was working at a McDonald’s in Arkansas and saw a woman being assaulted in the restaurant. He threw her attacker out and stood at the door to keep the man from coming back in. The assailant got a gun from his car and shot Haskett multiple times. Three abdominal surgeries later, Haskett has $300,000 in medical bills, but “the insurance agency representing McDonald’s says he doesn’t qualify for Worker’s Compensation in this incident.”

JoesUnionReview goes over the legal issues surrounding the worker’s compensation claim and why McDonald’s should be liable.

To me, this is even more unfair than Pizza Hut firing the Des Moines delivery driver who shot a would-be armed robber. That case prompted some people to boycott Pizza Hut. Will anyone boycott McDonald’s for its treatment of Haskett? I would, but I don’t think McDonald’s would notice, since I haven’t eaten there for years.

By the way, if we had universal health care in this country, someone who got shot while doing a minimum-wage job with no benefits would not get stuck with a $300,000 bill.  

Rename the Archie Brooks Community Center

Former Des Moines City Council member Archie Brooks was sentenced to one year plus one day in prison, plus a $400,000 fine and two years of probation, for his role in misusing about $2 million funds at the Central Iowa Employment Training Consortium (CIETC). Brooks was the board chairman of CIETC at the time.

Depending on how you look at it, Brooks’ sentence seems long or short. It’s long when you consider that billions of taxpayer dollars spent in Iraq can’t be accounted for, yet there is not even a serious investigation (let alone prosecution) of those who may be responsible.

On the other hand, Brooks is getting off lightly compared to Ramona Cunningham, who did not cooperate with prosecutors and got 7 years in prison for her role in the CIETC crimes. Also, the former CIETC treasurer was sentenced to two years in prison followed by three years of house arrest.

Marc Hansen’s latest Des Moines Register column notes that Des Moines City Council member Brian Meyer wants the council to discuss renaming the Archie Brooks Community Center. The south-side facility used to be called the Pioneer-Columbus Community Center.

Meyer says he’s getting a lot of feedback from south-siders, most of whom want to change the name. I agree that an elected official who abused his power to enrich a few people should not have a neighborhood landmark named after him.

Hansen nosed around the community center and found that most of the people agreed with changing the name, but the most interesting quotes in his column are from the minority who want to leave the name alone.

If you want to understand why patronage works and why political machines have been so powerful in so many cities, read this:

“I’m not going against Archie Brooks,” she said. “I like Archie. I don’t like what he did. I think he should be punished, but I don’t think he should go to prison.”

The body of his good deeds, in other words, outweighs the CIETC bad. Pazzi recalled the floods of 1993 and how the city removed water pumps from some south-side basements and sent them – where else? – west.

Somebody told Brooks, who made a few phone calls and had the pumps back where they belonged, proving that not every call he made during the flood was a bad one.

“You know what?” Pazzi said. “The south side must have wanted him back. He knocked the fireman out of the City Council.”

The fireman is Gene Phillips, who defeated Brooks in 1995. Phillips left the City Council and won a seat on the county Board of Supervisors, setting up Brooks’ return to the council.[…]

Larry Marlin […] said Brooks kept his VFW post from closing.

“If it wasn’t for his connections to the City Council,” Marlin said, “the post wouldn’t be there. He knew we were eligible for a $10,000 grant. There were a lot of times he’d tell me where to go and it was never go to hell. Sure, he made some mistakes, but he trusted the wrong people. I definitely don’t think he should get jail time.”

That’s an old-school political boss. Good for Brooks for getting those pumps back to the flooded south-side basements and keeping the VFW post open.

But we don’t need a building named after a convicted criminal.

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Nine Predictions for 2009

(The 2008 Bleeding Heartland election prediction champion gets out the crystal ball for the year to come... - promoted by desmoinesdem)

My apologies for not getting this in closer to the actual new year, but you could say that “a day late and a dollar short” has been the theme of the new year so far for me. Or five days short, as the case may be.

In any case, before we start the new political year for real, I thought it might be fun to share our predictions for the new year. Here are nine predictions of mine for two thousand and nine.

1. The state budget is in far worse shape then we think. Expect the fight over the budget to get ugly, quick.

The Iowa state fiscal year runs from July 1 2008 to June 30 2009–right in the heart of the economic meltdown. Given that the estimates for this period are just starting to come in, it's reasonable to assume that the stories we're currently hearing about the “budget crisis” represent only the tip of a much larger iceberg. Likewise, the 1.5% across-the-board cut currently proposed by Gov. Culver isn't going to be nearly enough to solve the crisis. It's going to get ugly and fast.

2. Unemployment will hit 10% by the end of 2009, and recovery will not come until early 2010.

Call me a pessimist, but I think things are going to get much worse before they get better. When you combine the potential failure of the Big 3 (a still unresolved issue, by the way), plus a global manufacturing slowdown, with the fact that up to 25% of retail stores may declare bankrupcy in the next year–you have the recipie for unmitigated economic disaster.  

To complicate matters, I do not expect President Obama's recovery measures to be passed before May of this year. (There are already signs that a long battle is ahead for this bill.) That means that many of the infrastructure projects given funds through the program will miss out on the summer construction window–meaning they likely won't start until Summer 2010. Many other measures, like tax cuts or social programs won't go into effect until 2010 as well…moving the light at the end of the tunnel further and further away.

3. The Big 3 will not survive in their current form. Get ready for the Big 2.

Regardless of whether the auto bailout was the correct move at the time, by the time the big ball drops in 2010–there will no longer be a Big 3 as we know them now. My best guess is that one of the Big 3 automakers (most likely Chrysler) will implode into disorganized bankrupcy. No buyer will be found, and the brand will simply cease to exist. This will spark a crisis that will either lead to the organized bankrupcy/restructuring of the other companies, or government assistance with severe Bob Corker style conditions. 

The good news is that out of the multitude of laid-off engineers and designers, we could see new  and innovative technologies, designs, and companies form. By 2020 we could all be driving solar hybrids designed and built by ex-Big 3 designers who started their own companies.

6. The Supreme Court will rule in favor of same-sex marriage in the case of Varnum v. Brien.

Beware the ides of March rings true in Iowa in 2009. Expect a ruling on the case of Varnum v. Brien to come down with a rulings for several other cases on March 13, the conclusion of the Court's March session. When that happens expect a whirlwind of craziness to descend on the state: national media, a rush of spring weddings, celebrity attention, half-cocked legal challenges, right-wing rants, Fred Phelps-ian protests, legislative blustering, Steve Deace's head exploding, and who knows what else.

I don't think the moon turning to blood, the dead walking the streets, or any other Pat Robertson-style pronouncements will come true…but expect a wild ride.

5. The Republican candidate for Governor will be a serious contender who already holds a major elected office.

The current fight over the RPI chair has a definite and familiar theme: change. Old hacks are out, new hacks are in. While there is a faction of the GOP that clings to BVP like life preserver, the majority of the party is, I think, waiting for someone new to come along.

That someone is either State Auditor David Vaudt, Sec. of Agriculture Bill Northey, or 4th District Congressman Tom Latham.

Vaudt looks to emerge as one of the main faces of opposition to Culver on budget issues, a position he could use to slingshot him to the governorship. Northey is the darling of the Republican Party and, with agricultural issues on the back-burner this year and little to do, may find the Governor's race an attractive prospect. Latham, by all measures a low-importance member of the minority party might decide that its now or never for him. And he has nothing to lose: if he wins, he's the Governor; if he loses, he can run again as the elder-statesman in the dogfight that will be the new 3rd district.

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How many good causes will suffer for the failures of the SEC?

By now you have surely read about Bernard Madoff and his $50 billion Ponzi scheme. For background, here’s a collection of New York Times articles on the scandal.

The Securities Exchange Commission is conducting an internal investigation to find out why Madoff’s criminal enterprise went undetected for so long. It’s already obvious that this was a massive regulatory failure.

The SEC was warned about Madoff:

The SEC had the authority to investigate Madoff’s investment business, which managed billions of dollars for wealthy investors and philanthropies. Financial analysts raised concerns about Madoff’s practices repeatedly over the past decade, including a 1999 letter to the SEC that accused Madoff of running a Ponzi scheme. But the agency did not conduct even a routine examination of the investment business until last week.

No one knows yet how many people were involved in helping Madoff conceal his fraud. And while Madoff’s operation was particularly massive, no one knows how many other fraudulent investment firms are out there, because the SEC lacks the resources to enforce compliance with financial securities laws.

Those who had invested with Madoff have lost the entire value of their accounts, and they are not the only victims of his crimes. In fact, Madoff may have indirectly harmed more victims than any other white-collar criminal in history. His clients included many non-profit organizations and charitable foundations, some of which have already ceased operations. Numerous Jewish non-profits have been hit hard, but the fallout will extend far beyond the Jewish community. The Picower Foundation alone gave out tens of millions of dollars in grants every year. Within months, the education, human rights and arts non-profits that relied on those funds are likely to be in financial crisis.

The JEHT Foundation was much smaller than the Picower Foundation but “was a leading supporter of civil rights causes, including groups working to expand voting rights in the South.” Its outgoing president noted when announcing plans to shut down operations that

The issues the Foundation addressed received very limited philanthropic support and the loss of the foundation’s funding and leadership will cause significant pain and disruption of the work for many dedicated people and organizations. The Foundation’s programs have met with significant success in recent years – promoting change in these critical areas in partnership with government and the non-profit sector. Hopefully others will look closely at this work and consider supporting it going forward.

We can hope that others will step in to support the worthy causes whose funders were defrauded by Madoff, but that is extremely unlikely. Just about every grant-making foundation has suffered a significant decline in assets this year because of the stock market’s slide. Individuals of great wealth have also seen their net worth shrink. Non-profit organizations were already bracing for a difficult fundraising year in 2009. The Madoff scandal makes it even more likely that many non-profits will not survive this downturn.

Consider them casualties of “small government” at the SEC, and remember what happened to them the next time conservatives whine about big, bad regulators.  

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Cunningham gets seven years for CIETC-related crimes (updated)

Ramona Cunningham was sentenced to seven years in prison for her part in misappropriating $1.5 million in federal funds while she headed the Central Iowa Employment and Training Consortium (CIETC). Others involved in the fraud at CIETC will be sentenced later this month or next year, but presumably Cunningham will do the most time in prison, having been the central figure in the scandal.

The prison sentence seems fair; misusing funds meant for job training programs is a serious crime. I’m sure many people will say Cunningham should be punished more harshly, though. The hatred of her is out of proportion to the crimes at CIETC.

Speaking of crime and punishment, Glenn Greenwald wrote a good post contrasting the media’s exhaustive coverage of Illinois Governor Rod Blagojevich’s alleged crimes with the near-total silence about the Senate Armed Services Committee’s recent finding:

The bipartisan Senate Armed Services Committee report issued on Thursday — which documents that “former Defense Secretary Donald Rumsfeld and other senior U.S. officials share much of the blame for detainee abuse at Abu Ghraib prison in Iraq, and Guantanamo Bay, Cuba” and “that Rumsfeld’s actions were ‘a direct cause of detainee abuse’ at Guantanamo and ‘influenced and contributed to the use of abusive techniques … in Afghanistan and Iraq’” — raises an obvious and glaring question:  how can it possibly be justified that the low-level Army personnel carrying out these policies at Abu Ghraib have been charged, convicted and imprisoned, while the high-level political officials and lawyers who directed and authorized these same policies remain free of any risk of prosecution?  

Great question.

UPDATE: CIETC’s former chief accountant Karen Tesdell got sentenced to two years on Tuesday for looking the other way as her colleagues misappropriated money.

Marc Hansen’s latest column reviews the arguments Cunningham’s attorney Bill Kutmus used during the sentencing hearing. He said his client wasn’t the ringleader and should not be punished more harshly than John Bargman (CIETC’s former chief operating officer, who will be sentenced next year). He also said Cunningham was a victim of sexism, and that U.S. prosecutors had treated her unfairly.

I agree that misogyny was driving a lot of the intense hatred of Cunningham. But I have some advice for her: next time you decide to commit a bunch of federal crimes, strike a plea bargain like Bargman did if you don’t want to do serious prison time.

Look at Mitchell Wade. He bribed a member of Congress with more than $1.8 million and just got sentenced to only 30 months in prison, because he cooperated with prosecutors.  

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A contest Iowa has no hope of winning

At Talking Points Memo, Josh Marshall just opened nominations for the second annual “Golden Duke Awards,” “given out for excellence in corrupt acts, betrayals of the public trust and generalized shameful behavior.” You have until December 17 to submit nominations in the following categories:

Sleaziest Campaign Ad

Best Election Season Fib

Outstanding Achievement in Corruption-based Chutzpah

Best Scandal — Sex and Generalized Carnality

Best Scandal — Local Venue

Best Scandal — General Interest

Click here to view last year’s Golden Duke winners.

Talking Points Memo also has launched a contest to determine the most corrupt state. Reader WO named the short list:

I think it’s pretty clear that the only three serious contenders are Illinois, Louisiana, and Alaska. My money would be on the young upstart, Alaska, over the grizzled corruption veterans of Illinois and Louisiana, but who knows. Statistics should play a part in the contest, but style points are important, too. Cash in the freezer is pretty impressive, as is trying to shake down the President-Elect.

One of Marshall’s readers in New Orleans argues here that Louisiana is the “all time champ”.

A reader in Arizona explains why that state should be a finalist.

Another reader makes the case for Nevada.

Marshall also received a bunch of e-mails nominating New York, New Jersey or Rhode Island. He explained here why those states are not in the same league as Illinois, Louisiana or Alaska:

I know there are a lot of hurt feelings out there. A lot of people feel slighted on behalf of their states. But while a number of these states have impressive histories of corruption, as I told a few emailers, a lot of it really comes down to a case of ‘what have you done for me lately?’ […]

Sure, there’s plenty of crooks in New York and New Jersey and Rhode Island. And Massachusetts has its moment. But I’m just not sure any of them can put the kind of serious and recent per capita muck on the table as these three other worthy states. Certainly not when it comes to governors and federal officeholders.

I think we can all agree that Iowa is never going to win any (mock) awards for political corruption.

Historically and today, our problem is not so much law-breaking by elected officials but the “legal corruption” that stems from the influence of money in our system. So, we get state lawmakers traveling on the dime of the Iowa Healthcare Association, which represents nursing homes, and then lobbying Congress and state officials to reduce regulation of nursing homes.

Similarly, we won’t get any legislative action to give counties zoning authority over agriculture (which would allow greater regulation of large hog lots), even though Governor Chet Culver as well as the Iowa Democratic and Republican party platforms ostensibly support “local control.”

Iowa is not a particularly corrupt state, but we should not let our squeaky-clean image blind us to the influence of money in politics, even here.

To get involved with solving this problem, check out the Voter-Owned Iowa website. Public Campaign’s site has tons of information on how “clean elections” systems work in other states.  

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New thread on vacancies to be filled in the Senate and cabinet

The big news of the day is that the FBI arrested Illinois Governor Rod Blagojevich on federal corruption charges. Apparently he has been under investigation for some time, and he was caught on tape talking about trying to get something of value in exchange for appointing someone to fill Barack Obama’s Senate seat. Click the link for more details.

If the allegations are true, Blagojevich needs not just to resign, but to go to jail. Also, way to hand the Republicans another great talking point against “corrupt” Illinois Democrats and the Chicago machine. That is sure to be used against Obama and whoever succeeds him in the Senate.

The possibility that New York Governor David Paterson will appoint Caroline Kennedy to replace Hillary Clinton in the Senate has divided the blogosphere, with more and more heavyweights speaking out against the move. Jane Hamsher of FireDogLake explains why this would be a “truly terrible idea”:

Her leadership could have been really helpful when the rest of us were trying to keep the progressive lights on and getting the stuffing beaten out of us by a very well-financed right wing for the past eight years.  But when things were tough, she was nowhere to be found.

Now that the Democrats are in power, she’d like to come in at the top.  We have absolutely no idea if she’s qualified, or whether she can take the heat of being a Kennedy in public life.  She’s certainly shown no appetite for it in the past.  She’ll have a target on her back and if she can’t take it, if she crumbles, she will become a rallying point that the right will easily organize around.

The woman has never run for office in her life.  We have no idea how she’d fare on the campaign trail, or how well she could stand up to the electoral process.  She simply picks up the phone and lets it be known that she just might be up for having one of the highest offices in the land handed to her because — well, because why?  Because her uncle once held the seat?  Because she’s a Kennedy?  Because she took part as a child in the public’s romantic dreams of Camelot?  I’m not quite sure.

And the guy with the biggest megaphone, Markos, piles on:

I hate political dynasties. Hate them. But Jane is right, in this case, the idea is particularly egregious — Caroline has done nothing to help beat back the right-wing machine. But now, she’s supposed to be handed by fiat what others fight their whole lives to attain?

I would like to see Paterson appoint one of New York’s 26 Democratic members of Congress. It would benefit the state to have someone with legislative experience replace Hillary. Daily Kos diarist Laura Stein made a strong case for Representative Carolyn Maloney.

Moving on to the cabinet, on Sunday Obama named retired General Eric Shinseki to run the Department of Veterans Affairs. Everyone seems to think this is a great idea. From the Boston Globe:

In the Bush administration, General Eric K. Shinseki committed the crime of truth-telling: He told the Senate in early 2003 that maintaining order in Iraq would take far more US troops than Donald Rumsfeld planned for. It cost him his job as Army chief of staff. That same virtue, honesty, should stand him in good stead now that President-elect Barack Obama has nominated him to be secretary of the Department of Veterans Affairs.

The choice is a stinging rebuke not just of Rumsfeld and President Bush for failing to take Shinseki’s advice on the Iraq war, but also of the administration’s weak effort to solve the medical, educational, emotional, and employment problems that veterans are having in returning to civilian life. Just as the Bush administration thought it could oust Saddam Hussein and create a peaceful, democratic Iraq with a bare-bones force, it has tried to skimp on veterans services.

Daily Kos user Homer J wrote this interesting reflection on an afternoon he spent with Shinseki.

Al Gore is going to Chicago today to meet with Obama, leading to speculation that he may be asked to head the Environmental Protection Agency or the Department of Energy. I think it’s more likely Obama is seeking Gore’s input on other possible choice. I’d be surprised if Gore would consider a cabinet position now. Some people have suggested Obama might create an environment/climate “czar” position, which could go to someone with stature like Gore.

Interior is emerging as a major battleground, with  more than 130 environmental groups signing a letter backing Congressman Raul Grijalva of Arizona for the position, even though he is rumored to have fallen off Obama’s short list.

Meanwhile, environmentalists are upset that Blue Dog Congressman Mike Thompson of California appears to be the leading candidate for Scretary of the Interior. The environmental blog Grist has some highlights of Thompson’s voting record:

In 2003, he voted for Bush’s controversial Healthy Forests Restoration Act, which enviros saw as a massive gift to the timber industry.

In 2004, he voted against an amendment to an Interior appropriations bill intended to protect wildlife and old growth trees in Alaska’s Tongass National Forest by stopping taxpayer-subsidized logging road construction. The measure passed by a vote of 222-205, and he was the only California Democrat to vote against it. He also opposed an amendment to ban the act of bear-baiting in national forests and Bureau of Land Management lands.

He was also one of only 30 Democrats in 2006 to vote against an amendment to the Forest Emergency Recovery and Research Act that would maintain areas of the national forests protected under the Roadless Rule. He also voted against another amendment that would have required the Forest Service to comply with environmental protection, endangered species, and historic preservation laws when conducting “salvage logging” operations in national forests. The amendment failed.

Anyone who supported Bush’s policies on “healthy forests” and road-building is by definition not “change we can believe in.” I sincerely hope Obama will do better than this. Another top-tier candidate for Interior is said to be Kevin Gover, who would be the first Native-American cabinet secretary if appointed.

Here’s a list of people rumored to be in the running for secretary of education.

Over the weekend, Kansas Governor Kathleen Sebelius took herself out of the running for any cabinet position, saying she needs to finish her term and deal with budget and economic challenges in Kansas. She had been mentioned for several possible cabinet positions. Some believe she withdrew her name to save face, having gotten the word that she was being passed over. It seems just as likely to me that she has decided to run for Senate in 2010. Scout Finch has more on that possibility.

UPDATE: Maine Senator Olympia Snowe wants Obama to elevate the head of the Small Business Administration to a cabinet-level position. I fully agree with Jonathan Singer that the best move for Obama here would be to elevate the SBA and appoint Snowe to head that cabinet department. She’s a moderate Republican, and it would free up a Senate seat in a blue state.

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Events coming up this week

I haven’t posted an event calendar for the last couple of weeks, because there was hardly anything going on. Things are picking up again this week, however.

As always, post a comment or send me an e-mail (desmoinesdem AT yahoo.com) if you know if an event I’ve left out, which would be of interest to the Bleeding Heartland community.

Monday, December 8:

Learning from the Floods of 2008: Practical Strategies for Resilience

Join the conversation December 8, 8:30 a.m. – 4:30 p.m, at a flood workshop at the Gateway Hotel and Conference Center in Ames. This workshop will explore the potential ways to mitigate future flooding and offer insights from experts in agriculture, water and land use, urban planning and government, and representatives from state and federal agencies. Sessions are planned on Flood 2008 realities; farming systems; urban systems and river systems. Sponsors for the event are the Leopold Center for Sustainable Agriculture at Iowa State University and the Center for Energy and Environmental Education at the University of Northern Iowa. The workshop is free but registrations must be received by Monday, December 1 at the conference web site: http://www.flood.leopold.iasta…  For more information, contact Jeri Neal, wink@iastate.edu, or (515) 294-5610. (Note: It may be worth calling first thing on Monday to see if you can get in, even past the registration deadline.)

IowaPolitics.com is hosting a panel discussion featuring Iowa’s legislative leaders and from 2:30 p.m. to 3:30 p.m. Confirmed panelists include House Majority Leader Kevin McCarthy and Senate Majority Leader Mike Gronstal. It will be located at the Iowa Historical Building, third floor, Classroom A & B. (Doors open at 2 p.m.) In theory, you were supposed to RSVP by December 1 if you wanted to attend, but it may be worth contacting Julie Rutz at 515.226.8774 or email rutz@IowaPolitics.com to see if there is still seating available. Free parking will be available in a ramp located directly North of the Historical Building on Grand Avenue.

If anyone goes to this forum, you might want to ask ask why the legislative leadership isn’t making local control (agricultural zoning) a priority, even though both parties’ platforms endorse the principle. I think I know the answer to that question, but I would be curious to know how the leaders answer.

On Monday evening from 6:30 to 8:00 pm, join One Iowa for the public premiere of “Our Story”, One Iowa’s short film featuring Iowans speaking out in favor of marriage for gays and lesbians. The screening will be at Fleur Cinema and Cafe, 4545 Fleur Drive in Des Moines. Come celebrate with us and don’t miss your chance to mingle with the stars! Light appetizers will be provided with a cash bar. Remarks by Senator Matt McCoy and Des Moines Register Columnist Rekha Basu.

RSVP here: http://eqfed.org/oneiowa/event…

For more information, contact One Iowa at (515) 288-4019 or organize@oneiowa.org

Tuesday, December 9:

The Iowa Supreme Court will hear oral arguments in a marriage equality case (Varnum v. Brien):

Join One Iowa across the state to celebrate and learn more about this historic opportunity for equality. Given the interest in the case and limited capacity, we anticipate that there will not be enough seating for everyone in the Supreme Court chamber.  To accommodate growing interest from our supporters, One Iowa has planned several “watch parties” across the state!

Tuesday, December 9, 2008 – 9:45 – 11:30 AM

Des Moines Watch Party – Des Moines Public Library, 1000 Grand Avenue

Ames Watch Party – ISU Memorial Union, Gallery Room (3rd Floor), 2229 Lincoln Way

Iowa City Watch Party – Iowa City Public Library, 123 South Linn

We are making every effort to ensure a live-feed at each of these locations; but due to technology limitations and previous experiences in other states, we cannot make any guarantees on the quality of the live-feed. Regardless, this will be a great way for our supporters to gather for a truly historic event!

If you can’t watch the Supreme Court arguments live, One Iowa is organizing a “Making the Case” Des Moines Reception on Tuesday from 6:30-8:00 pm at the Pappajohn Center, 1200 Grand Avenue in Des Moines. Join us in the evening for a reception to discuss this historic event with remarks by Camilla Taylor, Lambda Legal’s senior attorney on the case. If the district court ruling is upheld, it will provide gay and lesbian couples the freedom to marry; full marriage equality in Iowa. Wine and hors d’oeuvres provided.

Also on December 9, James Patchett, landscape architect, hydrologist and founder/president of the Conservation Design Forum in Chicago, will explore peoples’ cultural relationships to land and water resources. His presentation will be from 4-5:30 p.m. at the UNI Center for Energy & Environmental Education in the Auditorium (Cedar Falls). It is free and open to the public. Patchett will present case studies that show how to apply sustainable development practices of green roof technologies, porous pavements, bio-retention systems, and integration of native landscapes. For more information, go to http://www.ceee.uni.edu.

From the Sierra Club e-mail list:

Conference to Assist Those Planning to Circumvent Disaster from Future Weather Events Will Be Held December 9-11 in Coralville

Learn from the experience of those impacted by natural disasters, their recovery, the regulatory issues involved, the rebuilding process, and an exploration of strategies to consider prior to reconstruction. Attend the Iowa Disaster Recovery Conference scheduled for December 9 and 10 at the Marriott Coralville Hotel & Conference Center. An optional community design workshop led by design professionals will be held December 11 at the same location.

Three concurrent breakout sessions tracks are offered for Natural Disaster Recovery, Regulatory Compliance, and Sustainability/Green Design. Keynote speakers are Bob Dixon of Greensburg, Kansas, and former Maryland Governor Parris N. Glendening, President, Smart Growth Leadership Institute.

Conference agenda and registration are available at www.iowalifechanging.com/register .

This conference is sponsored by Department of Economic Development, Rebuild Iowa Office, Department of Natural Resources, Iowa Waste Reduction Center.

Wednesday, December 10:

Join One Iowa and Lambda Legal for a “Making the Case” townhall forum in Cedar Rapids to celebrate and discuss the oral arguments before the Iowa Supreme Court in the landmark Varnum v. Brien case. The event will take place from 6:30-7:30 pm at CSPS/Legion Arts, 1103 3rd St SE in Cedar Rapids.

Thursday, December 11:

One Iowa and Lambda Legal are holding a “Making the Case” townhall forum from 6:30-7:30 at  Davenport Unitarian, 3707 Eastern Ave in Davenport.

Friday, December 12:

The Iowa Commission on the Status of Women is organizing a lunch and learn:

Bring your lunch and join the discussion regarding violence against college women. Presenters will be Annette Lynch with the Iowa Regent’s Campus Violence Prevention Project and Karen Mitchell with the SAVE* Forum Actors, University of Northern Iowa . The panel will be moderated by Rachel Scott, ICSW division administrator.

Friday, December 12th

12 noon – 1 p.m.

Lucas State Office Building 6th Floor Cafeteria

321 East 12th Street, Des Moines

Free and open to the public

Iowa Department of Natural Resources (DNR) has scheduled a meeting at 1:00 pm in the Wallace State Office Building (5th floor), 502 East 9th Street in Des Moines, to receive public comments about new Antidegradation rules for rivers, streams and lakes in Iowa. Background from the Iowa Environmental Council:

New Water Rules Proposed

Citizen Comments Important!

The Iowa Department of Natural Resources (DNR) has scheduled nine meetings in December and January to receive public comments about new Antidegradation rules for rivers, streams and lakes in Iowa. It is important that citizens attend the meetings or send written comments in support of these protective rules.

These new water rules, called Antidegradation, refer to regulations that significantly increase protections for all rivers, streams and lakes and keep water quality from worsening.  Under the federal Clean Water Act, each state must adopt antidegradation rules for their rivers, streams and lakes.  The Iowa Department of Natural Resources (DNR) is currently in the process of proposing antidegradation rules for Iowa waters and is asking for public comments that will help determine how protective (or lax) these rules will be.  That is why it’s important that concerned Iowans participate in this process.

In addition to strengthening protections for all rivers and lakes the proposed rules include an initial list of more than 50 waters with exceptional recreational or ecological significance to receive special designation and protection as Outstanding Iowa Waters, including West Lake Okoboji, Spirit lake, Wapsipinicon River, Maquoketa River, and French Creek.

How you can help

1)      Learn about antidegradation policy, frequently asked question, talking points and much more, by reading the documents posted on this section of our website (http://www.iaenvironment.org/Antidegradation1.htm).  Don’t feel like you have to be an expert on antidegradation policy.  If you have questions after reading these documents, call or email Susan Heathcote, water program director for the Iowa Environmental Council.  515-244-1194, ext 205.  Heathcote@iaenvironment.org.

2)      Attend a public comment meeting and speak up in support of the antidegradation rules as proposed by the Iowa DNR.  Meetings will be held in December and January.  For a list of dates and locations, go to http://www.iaenvironment.org/w…

Antidegradation rules have been a required component of all state’s Water Quality Standards since 1972 as part of the federal Clean Water Act and have never been fully implemented in Iowa. These rules are a top priority for the Iowa Environmental Council and we are glad the Iowa DNR has finally begun rule making on these important rules.

These rules will allow Iowa to grow sensibly and sustainably by ensuring that new pollution will be allowed into Iowa’s rivers, lakes and streams only if it will not harm existing uses of those water bodies and is truly necessary to achieve important social and economic goals of the people of Iowa.

An especially critical part of these new rules are two new designations for Iowa’s highest quality waters called Outstanding Iowa Waters (OIW) and Outstanding National Resource Waters (ONRW). These new designations require stringent protections against permitting any new sources of pollution that would lower water quality. Currently the Iowa Great Lakes in Dickinson County (including West Lake Okoboji, Big Spirit Lake, East Okoboji Lake, Lower Gar, Upper Gar and Minnewashta) and Dalton Lake in Jackson County are proposed for OIW designation. Also proposed for OIW designation are 46 stream segments (mostly cold  water streams in Northeast Iowa), including portions of the Wapsipinicon River, Maquoketa River, French Creek, Sny Magill Creek, Trout Run, and Waterloo Creek.

Plains Justice is holding a holiday open house at its Cedar Rapids office from 4 to 6 p.m.:  

We have a lot to celebrate, including our second anniversary in November, the addition of several great new staffers, board and advisory board members this year, and getting back on our feet after the flood.  We’re so grateful for the support of all our friends and colleagues.

Our office is at the corner of 1st Avenue and 1st Street SW, on the west side of the Cedar River next to I-380, on the second floor.  We’d love to see you.

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Regents hold off on raise for U of I president

The Board of Regents on Thursday voted not to give a raise to University of Iowa president Sally Mason after her first year on the job because of problems related to a sexual assault investigation last year. She still has a chance to earn large performance bonuses if she meets unspecified targets in the future, though.

Mason fired the dean of students and the university’s lead attorney last week for their handling of the sexual assault case. On Friday she implemented new policies regarding how staff are to deal with reported sexual assaults.

Attorney Marc Mills continues to insist that he was fired without cause and was not leading the university’s investigation into last year’s assault. I don’t know enough of the facts to make a judgment about whether he or Philip Jones deserved to be fired. I do agree with the Iowa City Press-Citizen that the Regents should not have held Mason’s performance review in closed session.

Also on Thursday, the Regents ordered state universities to follow U.S. code regarding display of the flag. Iowa State and the University of Northern Iowa already do that, but the University of Iowa has sometimes lowered the flag as a sign of respect when longtime staff or faculty die. Most recently the flag was flown at half-staff after political science professor Arthur Miller took his own life, which drew criticism because of the criminal investigation surrounding Miller.

I know we have plenty of U of I graduates in the Bleeding Heartland community. How do you feel about all this?

U of I president sacks dean of students and chief attorney

Two months after the Board of Regents ordered an external investigation of how the University of Iowa handled a sexual assault case last year, two senior university officials got the ax:

University of Iowa President Sally Mason today fired Phillip Jones, 67, vice president for student services, and Marcus Mills, 52, vice president for legal affairs and general counsel.

Mason’s actions came after the Stolar Partnership last week released a report to the Iowa Board of Regents that heavily criticized Mills’ and Jones’ actions after the alleged sexual assault at Hillcrest Residence Hall on Oct. 14, 2007. The review by the St. Louis law firm found “numerous and substantial flaws” in not only the U of I’s response to the assault, but also in its policies, procedures and practices.

According to the Des Moines Register, Mason fired Jones and Mills after they refused to resign, and neither will receive severance pay.

It’s likely to be a career-ending action for Jones, who had worked at the University of Iowa for 40 years. I don’t know him personally, but I have heard good things about him from faculty and former students in Iowa City. Jones refused to comment when contacted by the Register.

Mills spoke out, though:

Mills said Tuesday night he believed he was unfairly singled out in today’s dismissal and in the Stolar report.

“I believe I handled the matter to the best of my ability under the circumstances,” Mills said in a phone interview.

He said he disagreed with the Stolar report’s assessment of his actions. He said he did not have a conflict of interest in acting as U of I general counsel and liaison with the alleged victim’s family.

Mills said investigators did not allow him to give his version of six phone conversations he had with the alleged victim’s father. Mills also disagreed with the law firm’s assessment that he should have asked a judge to permit the U of I to release documents pertaining to the report, he said tonight.

“I’m disappointed that the president and the regents didn’t have an opportunity to get a fuller view,” Mills said.

What do you think? Did Jones and Mills deserve to lose their jobs, or were they scapegoated? Should anyone else be sacked over the way the university dealt with this case?

The Board of Regents delayed Mason’s first performance review until after investigators finished their report. I doubt they will fire her, but I wouldn’t be surprised if she gets no raise, or a smaller raise than the Iowa State and University of Northern Iowa presidents.

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Planned Parenthood: McCain doesn't want to protect children from sex predators

Via Ben Smith at Politico, I learned that Planned Parenthood’s Action Fund has cut this great ad calling out John McCain for his own dishonest commercials:

This ad concisely answers McCain’s ludicrous charge related to the sex education program Barack Obama supports. But it does more in branding McCain as a politician who will say anything to get elected.

In other words, Planned Parenthood is not just answering an attack on Obama, it is also hitting McCain on the fake “straight talk” image he has cultivated for so many years.

No word yet on where these ads are airing, but I hope far and wide.

Accused U of I professor took his own life

University of Iowa Arthur Miller’s body was identified on Wednesday, a week after he was reported missing and three days after his corpse was found in an Iowa City Park. Miller was under investigation for allegedly offering female students higher grades in exchange for sexual favors.

Miller placed a phone call to the Cedar Rapids Gazette shortly before he disappeared. In that call,

Miller said he believed the allegations and the investigation were part of a vendetta against him by Linda Maxson, dean of the College of Liberal Arts and Sciences.

Miller said he and Maxson had a running feud over the closure of an institute Miller founded. The Iowa Social Science Institute closed in 2002 upon recommendation by a committee with UI and external members, UI spokesman Steve Parrott said.

Miller said in the call that after the allegations were made, “not a single university administrator, not even the chairman of my department, came to me and asked me if I were OK,” if he had problems or was sick.

Miller also said that during his meetings with UI officials about the investigation, he thought these were sexual harassment charges that would be handled with an internal hearing or negotiation. He said he was surprised to be arrested.

“It’s been very depressing to me now that this has all gone public,” Miller said, adding that even if the charges are proved unfounded, he felt his reputation was ruined.

I feel very sorry for Miller’s wife and two young children (one four-year-old and one four-month-old). No matter what the outcome of the investigation, those children would have been better off knowing their father as they grew up.

The autopsy determined that Miller died of a self-inflicted wound from a rifle. The Des Moines Register reported that Miller had tried to buy a pistol or revolver in June, but Johnson County Sheriff Lonny Pulkrabek denied the permit application:

When a routine background check yielded a letter from the university informing him of multiple investigations tied to the political science professor, Pulkrabek got involved personally and called the university’s legal counsel.

“He gave me some additional (non-public) information that was enough for me to deny the permit,” Pulkrabek wrote in an e-mail circulated this week to other sheriffs. […]

Iowa law gives sheriffs the authority to decide who receives gun permits and to impose restrictions on those who want to carry concealed weapons.

But at least 35 states – including Kansas, Minnesota, Missouri and Nebraska – now mandate that concealed weapons permits be approved, provided applicants meet a set of criteria laid out in state law.

Groups such as the Iowa State Rifle and Pistol Association and IowaCarry.Org supported legislation last year that would have made Iowa’s permit process more uniform and taken the discretion away from sheriffs. The legislation died under heated opposition from many in law enforcement, including the Iowa State Sheriffs and Deputies Association and the Iowa attorney general’s office.

Miller was able to buy a rifle after being denied a handgun permit because his name was not on a federal list that gun dealers are required to check before selling rifles.

As it turned out, Miller was planning to kill himself, but the sheriff had reasonable grounds to worry that he might be a danger to others. I hope legislators will not agree to relax Iowa’s law regarding permits for concealed weapons.

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How many heads will roll at the University of Iowa?

I have to believe that a few people at the University of Iowa will lose their jobs when the St. Louis law firm hired to examine the university’s handling of an alleged sexual assault turns in its report:

The Iowa Board of Regents hired the firm Monday to assure Iowans of an independent investigation after it was revealed the U of I failed to turn over key documents in a previous probe conducted by the regents.

[…]

Two former U of I football players have been charged with sexually assaulting a former female student-athlete in an unoccupied room in Hillcrest Residence Hall. Abe Satterfield and Cedric Everson, both 19, have pleaded not guilty of second-degree sex abuse. Satterfield has also pleaded not guilty of third-degree sex abuse. Both are scheduled for trial Nov. 3 in Johnson County.

[…]

The jumping-off point for the investigation will be two letters written by the alleged victim’s mother that criticized the U of I’s handling of the complaint, Mersman said. The mother alleges that the athletic department tried to keep the report in-house and that university officials did not support the alleged victim.

The revelation this month that the U of I did not disclose these letters during a previous regents investigation of the incident led to the new probe.

[…]

U of I President Sally Mason apologized and said the letters weren’t turned over because of an incorrect interpretation of a federal student privacy law. The firm will also review how state and federal laws may have played into the handling of the case, Mersman said.

The University’s president, Sally Mason, doesn’t need any extra headaches this summer, when flooding caused unprecedented devastation on campus. At least 20 major buildings connected to the university were damaged.

But if alleged crimes committed by athletes are not thoroughly investigated and prosecuted, there will be long-term damage to the university’s reputation.

Rekha Basu’s recent column about this incident goes over some of the more outrageous facts already known about this case, such as:

The mother wrote that her daughter reported the rape allegation within three days to university officials, but they told her she’d get quicker action if she didn’t make a formal complaint.

Not only did that not happen, but she was harassed, followed, and taunted every day by athletes, including the two accused men, Cedric Everson and Abe Satterfield, according to her mother. She even found Everson living three doors down the hall from her. The federal Jeanne Clery Act requires universities to have policies to warn the whole campus about accused rapists.

No one seemed to be leading the probe and no advocate was assigned to her daughter, the mother wrote, leading her daughter to go to police three weeks after the incident. Only after that was evidence collected from dorm rooms.

State Senator Matt McCoy is furious:

It’s baffling that Johnson County Attorney Janet Lyness is quick to dismiss the possibility of obstruction-of-justice charges against university officials. As McCoy puts it, “She’s ignoring the fact that there may be criminal liability for covering this up.”

McCoy will meet with his caucus Tuesday, and hopes to send a strong message to Mason and the regents that legislators are not happy. He says they have a role as funders of state universities, who also confirm regents.

The unspoken piece of this is the exalted status the university gives its athletes. “It all comes down to money,” says McCoy. “… A lot of their reputation as a university is built around them.”

On a related note, Marc Hansen raises important questions about the role of alcohol in crimes committed on the U of I campus:

The university police department filed 535 charges against students in 2007. Four hundred sixty-seven — 87 percent — were alcohol- or drug-related.

Let’s break it down: 236 were for public intoxication, 86 were liquor-law violations, 38 were for drunken driving.

When you’re talking about alcohol-related “incidents” on campus, the number topped 1,000 for the fifth year in a row in 2007. While that might not seem like an epidemic at a school with 30,000 students, these are the incidents we know about.

If you look at the 18 football players arrested since April 2007, nine of the 23 charges were directly related to alcohol. How many others were indirectly related?

How many across campus? How many disorderly conducts? How many interferences with official acts, assaults, thefts?

Going by campus police interviews, it now looks as if alcohol played a part in the high-profile alleged sexual assault of a female student last fall.

Alcohol can be involved in sexual assault in many ways, according to a report published by the National Institute on Alcohol Abuse and Alcoholism in 2001.

While underage drinking and sexual assault take place on every college campus, the University of Iowa should be taking steps to reduce binge drinking and obviously cannot condone any special treatment for athletes accused of committing crimes.

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Innocence Project of Iowa works to identify wrongful convictions

Until I read this article in the Des Moines Register, I had never heard about the

Innocence Project of Iowa, a non-profit created by some attorneys last year.

Experts say people who are wrongfully convicted are uniformly poor and disproportionately a minority. One recent study by the Innocence Project in New York, the nation’s first program founded in 1992, showed at least 156 of 216 people exonerated through DNA testing were African-American, Latino or Asian American.

Many of the cases also fall apart when scrutinized for unreliable or limited science, faulty eyewitness accounts, false confessions, poor defense work and unreliable testimony from informants, experts say.

The nonprofit Innocence Project of Iowa began last year out of a discussion among lawyers at Drake University who wanted to start their own program. Years ago, the University of Iowa’s law school provided legal assistance to Iowa prison inmates, but it never had a program focused exclusively on exonerating people believed to be wrongfully convicted.

Brian Farrell, a Cedar Rapids attorney who specializes in appeals and post-conviction cases, said the group could not find a home or funding at the state’s two big law schools at the U of I or Drake, but both schools nonetheless liked the idea of getting students involved.

[…]

Mark Gruwell, program coordinator for the paralegal-legal studies program at Iowa Lakes Community College, said about a dozen of his students have been reviewing correspondence from inmates, which the organization has been soliciting since last fall.

Those students submit analyses and reports, which are forwarded to a committee in Des Moines. That committee decides whether to reject a case or look into it more. From there, law and journalism students at the U of I will assist pro-bono defense lawyers with cases worth pursuing.

The project has identified two cases to pursue thus far.

Drake law students also are expected to get involved in the future.

[…]

Farrell said the project’s only financial support is from the Iowa Public Defender’s Association, but it hopes to develop other sources of funding.

The article mentions David Flores, but it’s not clear whether that case is one of the two that the Innocence Project will be focusing on. Flores has served 12 years in prison for first-degree murder. He will have a hearing next month to determine whether his sentence can be vacated. Des Moines police withheld evidence naming a different suspect in that murder case from Flores’ attorneys.

The blog Talk Left, which often covers crime-related issues, has posted on Flores’ case here and here.

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Cunningham takes plea deal to avoid CIETC trial

The details haven’t been released to the public, but according to the Des Moines Register on Tuesday,

Former job-training executive Ramona Cunningham has struck a plea agreement with federal prosecutors on charges that she conspired with others to misuse $1.5 million in taxpayer money.

The 53-year-old former director of the Central Iowa Employment and Training Consortium was scheduled for trial July 8 on 30 charges of fraud and conspiracy.

No doubt misogynistic heads are exploding all over central Iowa.  

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Lack of investigative journalism a scandal too

Last month, while writing about Iowa getting an “F” grade for its open-records law, I commented:

The Register’s editorial board writes a lot about open-records law, and I give them credit for that. Unfortunately, under Gannett’s ownership, the Register hasn’t devoted nearly enough resources to solid investigative reporting.

I wish the editors were assigning more reporters to dig into the information that’s already publicly available.

Former Register editorial page editor Gil Cranberg develops that thought in an op-ed for the independent weekly Cityview, which asks why journalists did not uncover wrongdoing at the Central Iowa Employment and Training Consortium (CIETC):

The “CIETC scandal” was truly scandalous – as we’re reminded by the trials that kicked off last week – but it’s a mistake to blame it on a lack of “transparency” or to make it a poster child for Senate File 2378. The overpayments to CIETC executives were hiding in plain sight. The state auditor found them, and made a fuss, without having to issue subpoenas. For all of the ink spilled about CIETC I’m not aware of any that was used to explain how and why the press missed the huge overpayments until many months later when the auditor cried foul.

Sure, it helps to have strong laws to let the sunshine in. But inexperienced citizens can only do so much to uncover wrongdoing. If sunshine laws are to be effective, they have to be implemented by a press with the staff and space to make people sit up and take notice.

Unfortunately, the press is deep into retrenchment mode. Notice how page widths have narrowed? That means less space for news coverage. It’s the rare paper that trumpets how many fewer reporters, copy editors and editors it has, but loss of staff is unmistakable.

In the same issue of Cityview, the author of the “Civic Skinny” column delights in noting that the Des Moines Register just got shut out of the Pulitzers again,

as it has been every year since 1991. What’s more, alack, no Gannett newspaper won a Pulitzer – or was even a finalist this year.

If you want to win a Pulitzer, it helps to put some resources into investigative reporting.

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April is Sexual Assault Awareness Month

You can find statistics about sexual assault and resources for survivors and those who wish to become counselors at the website of the Iowa Coalition Against Sexual Assault:

IowaCASA’s mission is to unite people and organizations to promote a society free from sexual violence and to meet the diverse needs of survivors.

[…] Today, IowaCASA has 27 member sexual assault crisis centers serving survivors of sexual assault throughout Iowa. Eleven staff work on several initiatives including: technical assistance and training to member centers; civil legal assistance for survivors of sexual assault, including immigration assistance; improving responses to sexual assault within communities of color; a training initiative for assisting survivors with developmental disabilities; a national project providing peer-based assistance to other sexual assault coalitions; statewide sexual assault prevention; training for allied professionals; and public policy efforts at the state and national level.

If you or someone you care about is in danger because of an abusive situation, the site provides this advice:

Email is not a safe or confidential way to talk to someone about the danger or abuse in your life. To discuss a confidential issue please call our office at 515-244-7424 or the statewide Iowa Sexual Abuse Hotline at 1-800-284-7821 to be connected to a sexual assault counselor in your area.

I’ve put contact information for all member centers of the Iowa Coalition Against Sexual Assault after the jump.

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Officials fret over cost of dealing with lead poisoning

Uh oh. The Des Moines Register is warning that “a new law that requires all Iowa youngsters to be tested for lead by the time they enter kindergarten could swamp state and local taxpayers in ways lawmakers did not foresee.”

House File 158 was passed last year as part of a campaign against lead poisoning, which health officials describe as one of the most preventable causes of learning disabilities and brain damage in young children. Statewide, more than 10,000 Iowans under age 6 had toxic levels of lead in their blood between 2002 and 2006. Thousands more likely went unnoticed, officials say, because they weren’t tested.

The new law is scheduled to take effect this fall.

“I like to describe these kids as canaries in the coal mine,” said Rick Kozin of the Polk County Health Department. “We let the kids get sick, and then we identify the problem homes.

“With this law, we’re going to find more canaries than we’ve ever found before.”

But health and housing experts say the ripple effect of the law could devastate public and private pocketbooks. Potential fallout includes:

A statewide shortage of inspectors qualified to check houses where lead-poisoned children live or play.

Huge bills, measured in tens of thousands of dollars, to clean or remove lead.

Unprecedented demand for temporary housing when lead-related work forces families from their homes.

“This could be overwhelming,” Polk County Supervisor Angela Connolly said.

While spending tens of thousands of dollars to deal with lead in a building may seem like a lot of money, consider this: children affected by lead poisoning are more likely to need costly special-education programs in school. That’s not a one-time cost, that’s every year they are in school.

Also, lead exposure has been linked to criminal activity. Research suggests that removing lead from paint and gasoline in the 1970s is one reason that violent crime rates in the U.S. dropped dramatically in the 1990s.

Building more prisons to house more criminals is extremely costly in human terms as well as monetarily.

If we remove lead paint hazards from homes, we will reduce exposure for all future children living in those homes, which will save us money in our education budgets and will possibly reduce crime far into the future.

Let’s not be penny-wise and pound-foolish in dealing with this problem.

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