Connect with us

Iowa

Man charged with destroying Iowa Capitol Satanic display seeks to strike hate crime count

Published

on

Man charged with destroying Iowa Capitol Satanic display seeks to strike hate crime count


A Mississippi man charged with destroying an Iowa Capitol display erected by Satanists is arguing in court filings the resulting hate crime charge against him is unconstitutional.

Erected under a policy granting religious groups space in the building for displays during the holiday season, the Satanic Temple of Iowa’s installation centered on a statue of the horned pagan idol Baphomet. Michael Cassidy, a former Republican congressional candidate, admitted to officials that he destroyed the centerpiece on Dec. 14, and later told a conservative website that “my conscience is held captive to the word of God, not to bureaucratic decree. And so I acted.”

Previously: Iowa lawmaker calls for Gov. Kim Reynolds to remove Satanic Temple’s display from Capitol

Cassidy, who has received crowdfunded donations of more than $130,000 for his legal defense, initially was charged with misdemeanor criminal mischief. In January, Polk County prosecutors elevated the charge to a felony under the state’s hate crime statute.

Advertisement

In a filing Friday, defense attorney Sara Pasquale told the court the “violation of individual rights” enhancement is inapplicable to Cassidy’s case, and also is broadly unconstitutional.

Satanism not a real religion, Cassidy lawyer claims

The 11-page filing makes several arguments against the enhancement. Pasquale contends the law, which governs crimes motivated by “the person’s (victim’s) race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, or disability,” does not apply to damage to a display owned by the Satanic Temple because the organization is a legal entity, not a person, and cannot have a race, sex or disability, or practice a religion.

Advertisement

“It could never be said, save in Wonderland, that Best Buy is Buddhist,” Pasquale wrote.

She further argued that the Satanic Temple is not a religion for purposes of the statute. Religion entails “a system of faith and worship,” Pasquale wrote, citing multiple dictionaries, while the Satanic Temple of Iowa specifically disavows “a belief in a personal Satan.” Pasquale points to comments by a temple leader, quoted in a Dec. 16 Register article, to debunk the “common misconception” that “the Satanic Temple is a theistic religion that worships Satan as an entity.”

“(The Temple’s) own words establish that it is not a religion within the ordinary meaning of religion, as they have no faith, do not worship, and reject the supernatural,” Pasquale wrote. “That they call themselves a religion simply does not make it so.”

The Satanic Temple did not immediately respond to an emailed request for comment.

Hate crime law unconstitutional, defense argues

Even if the law were applicable, it would still violate the free speech guarantees of the Iowa and U.S. Constitutions, Pasquale argued, calling prior U.S. and Iowa Supreme Court decisions to the contrary “misguided.”

Advertisement

“Because (the hate crime law) in this case seeks to punish Cassidy’s thoughts, it cannot withstand constitutional muster as it violates the First Amendment which protects ‘the freedom to think,’” she wrote.

Polk County prosecutors have not yet responded to Cassidy’s motion in court. The case is scheduled to go to trial in May.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166



Source link

Advertisement

Iowa

Iowa Supreme Court overturns doctor’s child sex abuse conviction

Published

on

Iowa Supreme Court overturns doctor’s child sex abuse conviction


play

  • The Iowa Supreme Court overturned the sexual abuse conviction of a West Des Moines doctor.
  • The court ruled that allowing the child victim to testify via one-way video violated the Iowa Constitution.
  • This decision is one of several that has set Iowa apart from other states on the issue of remote testimony.

The Iowa Supreme Court has overturned the conviction of a West Des Moines doctor found guilty of sexually abusing a child, ruling that allowing the victim to testify via one-way video violated the Iowa Constitution.

The court on Tuesday, Dec. 23, reversed the conviction of Lynn Melvin Lindaman, a longtime central Iowa surgeon who practiced at the Lindaman Orthopaedics clinic in West Des Moines before he was charged in 2023 with second-degree sexual abuse. The case was remanded for a new trial.

Advertisement

The decision is the latest in a string of rulings that have set Iowa apart as the only state in the country whose highest court has barred one-way video testimony in criminal trials, even in cases involving child victims. 

Those decisions already have begun reshaping prosecutions across the state and have prompted lawmakers to launch the process of amending the Iowa Constitution. The change would ultimately require voter approval.

Lindaman, now 75, was convicted after a jury trial in Polk County. Prosecutors alleged that on June 26, 2023, he committed a sex act in Ankeny against a child under the age of 10. A second count of sexual abuse was dismissed prior to trial. He was sentenced to 50 years in prison, with a mandatory minimum of 42½ years because of a prior sexual predatory offense in 1976. He also faced a separate and now-dismissed civil lawsuit from an Iowa woman who claimed he sexually assaulted her in 1975.

The Iowa Offender Search still lists Lindaman as in custody of the Iowa Medical & Classification Center.

Advertisement

On appeal, Lindaman argued that his constitutional rights were violated when the district court allowed the child to testify from another room via one-way closed-circuit television, rather than from the witness stand in the courtroom.

“Today’s decision from the Iowa Supreme Court is an important win for Lynn Lindaman and a major step toward a fair result,” said Lucas Taylor, the attorney representing Lindaman. “Although the court did not rule in our favor on every issue, this ruling recognizes serious errors in the prior proceedings and gives Mr. Lindaman the chance to present his defense to a new jury.”

In a 4-3 ruling issued earlier this year in State v. White, the Iowa Supreme Court agreed with that argument, holding that one-way video testimony violates the confrontation clause of the Iowa Constitution. Writing for the majority in that case, Justice David May said that “when the accused and the witness are prevented from seeing each other, there is no face-to-face confrontation, and the Iowa Constitution is not satisfied.”

The ruling came despite U.S. Supreme Court precedent allowing such testimony and laws in many other states permitting it. Under the Iowa statute the court overturned, judges had been allowed to authorize remote testimony by minors, or witnesses with mental illnesses or disabilities, if a judge found that “trauma caused by testifying in the physical presence of the defendant … would impair the minor’s ability to communicate.”

The White decision arose from an Osceola County case, but its effects have since spread and courts across Iowa have begun hearing challenges from defendants convicted in cases where one-way video testimony was used.

Advertisement

Following the ruling, Lynn Hicks, a spokesman for the Polk County Attorney’s Office, said at least five Polk County defendants convicted under similar circumstances could be entitled to new trials.

One of those defendants, Michael Dunbar, already has received a new trial. Dunbar was resentenced after the victim testified in person from the witness stand, and the court again imposed a life sentence.

Dissent fuels push to amend Iowa Constitution

The State v. White ruling has drawn sharp criticism from prosecutors and state leaders, including Iowa Attorney General Brenna Bird, who has argued the decision unnecessarily traumatizes child victims. 

Bird has proposed a constitutional amendment to allow children to testify remotely in certain cases. The measure has passed both chambers of the Legislature once and must pass again before going to voters in a statewide referendum.

“Children shouldn’t be forced to testify at arm’s length from their abusers, and many kids can’t. This opinion shows how important it is to restore protections for a child victim to testify remotely,” Bird said in a Tuesday statement to the Des Moines Register. “Our office will continue to fight for a constitutional amendment to ensure kids are protected and abusers are brought to justice. We are grateful our effort has received overwhelming bipartisan support in the Iowa Legislature.”

Advertisement

Justice Thomas D. Waterman, writing in a dissent in the opinion issued Tuesday, rejected the majority’s historical interpretation of the confrontation clause.

“Thunder comes during rainstorms; it does not follow that thunder requires rain. That video testimony was not used in 1871 tells us more about technology than it does about constitutional interpretation,” Waterman wrote.

He also said there is “no historical evidence that the framers of the Iowa Constitution intended a different meaning for confrontation rights than the Sixth Amendment,” and warned that the majority was reading requirements into Iowa’s Constitution that do not exist in its text.

Nick El Hajj is a reporter at the Register. He can be reached at nelhajj@gannett.com. Follow him on X at @nick_el_hajj.

This story was updated to add new information and to correct an inaccuracy.

Advertisement



Source link

Continue Reading

Iowa

States including Iowa, Nebraska reach $150M settlement with Mercedes-Benz

Published

on

States including Iowa, Nebraska reach 0M settlement with Mercedes-Benz


LINCOLN, Neb. (WOWT) – A coalition of states including both Iowa and Nebraska reached a nearly $150 million settlement with Mercedes-Benz.

The states allege over 200,000 diesel vehicles were illegally equipped with devices designed to cheat on emissions tests between 2008 and 2016.

Mercedes allegedly hid the existence of these devices from regulators and people purchasing the vehicles.

Advertisement



Source link

Continue Reading

Iowa

See where Iowa State basketball ranks in the AP and coaches polls

Published

on

See where Iowa State basketball ranks in the AP and coaches polls


Iowa State basketball is now ranked in the top three.

The Cyclone men improved to 13-0 this week after obliterating Long Beach State on Dec. 21 at Hilton Coliseum.

With the holiday week, Iowa State is off before returning for a home game Monday, Dec. 29, against Houston Christian at 7 p.m.

Advertisement

Here is a look at where the Cyclones stand in the latest college basketball rankings:

Iowa State rankings update

Iowa State moved up one spot to No. 3 in both the AP and Coaches Polls. The Cyclones were previously at No. 4.

USA TODAY Sports men’s college basketball coaches poll

Here is a look at the new USA TODAY Sports men’s basketball coaches poll.

  1. Michigan
  2. Arizona
  3. Iowa State
  4. UConn
  5. Purdue
  6. Duke
  7. Gonzaga
  8. Houston
  9. Michigan State
  10. BYU
  11. Vanderbilt
  12. North Carolina
  13. Nebraska
  14. Louisville
  15. Alabama
  16. Texas Tech
  17. Kansas
  18. Arkansas
  19. Illinois
  20. Tennessee
  21. Virginia
  22. Florida
  23. Iowa
  24. Georgia
  25. USC

Others receiving votes

St. John’s 32; Kentucky 32; Seton Hall 20; Utah State 15; Auburn 10; California 9; UCLA 8; Saint Louis 8; LSU 6; Yale 4; Oklahoma State 3; Saint Mary’s 1; Indiana 1; Clemson 1;

AP Poll

Here is a look at the new Associated Press poll.

Advertisement
  1. Arizona
  2. Michigan
  3. Iowa State
  4. UConn
  5. Purdue
  6. Duke
  7. Gonzaga
  8. Houston
  9. Michigan State
  10. BYU
  11. Vanderbilt
  12. North Carolina
  13. Nebraska
  14. Alabama
  15. Texas Tech
  16. Louisville
  17. Kansas
  18. Arkansas
  19. Tennessee
  20. Illinois
  21. Virginia
  22. Florida
  23. Georgia
  24. USC
  25. Iowa

Others receiving votes

Kentucky 78, Seton Hall 49, Auburn 39, St. John’s 23, California 19, LSU 17, UCLA 13, Clemson 9, Miami (Ohio) 6, Utah St. 5, Arizona St 5, Indiana 4, Miami 4, Saint Louis 3, Belmont 2, Baylor 1, Oklahoma St. 1, UCF 1, NC State 1.



Source link

Continue Reading

Trending