Iowa
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.
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.
“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.”
“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
Iowa
UConn wows with program-record 20 3s in win
UNCASVILLE, Conn. — No. 4 UConn sank a program-record 20 3-pointers in a 101-68 rout of Iowa State on Tuesday night in the second game of the Basketball Hall of Fame Women’s Showcase doubleheader.
The Huskies comfortably surpassed their previous season high of 14 3-pointers, converting 58.8% of their attempts (20 of 34) against the Cyclones, who were 8 of 25 from deep.
“Basketball is a make-shot, miss-shot game, and they made a lot of them, and that’s to their credit. They’re a great team,” Iowa State coach Bill Fennelly said. “They play the game the right way. So just nothing we could do to stop it.
“The way they shot the ball was unlike something I’ve seen in a long time.”
UConn sophomore Ashlynn Shade had seven 3-pointers en route to 27 points, both career highs.
“I really didn’t expect this. I thought we would have a difficult time,” UConn coach Geno Auriemma said. “I said, ‘We need to win the 3-point battle by quite a few because they make nine a game.’
“When the basket looks big early on, the basket just gets bigger as the game goes on, and for some players, they make their first two or three, they think they can make the next 23.”
Shade was 6 of 6 from beyond the arc in the first quarter, scoring 20 points.
“It means everything to be a part of something that’s so big, being part of UConn history,” said Shade, who finished 7 of 10 from deep. “It’s just super surreal.”
The Huskies also got a quintet of 3s from freshman Sarah Strong (5 of 9, career-high 29 points) and senior Paige Bueckers (5 of 7, 27 points).
It marked the first time in the past 25 seasons that UConn had three players with at least 25 points in the same game. No other Division I team has had a trio of players do that this season.
Bueckers, Shade and Strong are also the first Division I trio with at least 25 points and five 3-pointers apiece in the same game over the past 25 seasons.
Freshman Allie Ziebell notched UConn’s 19th 3-pointer to set the program record (previously set in 2014-15 and 2008-09) with 3:19 left in the game, before classmate Morgan Cheli made No. 20 with 2:04 to go.
“It would have been a bad game of H-O-R-S-E the way they were knocking them in,” Fennelly said.
Added Shade: “It was just super cool to be a part of and just such a fun game to play.”
The 3-point outburst from Shade in particular was welcomed, giving the Huskies a third major scorer. They’ve missed that recently with guard Azzi Fudd sidelined the past three games because of a knee sprain.
“I think we’re going to need three legitimate big-time scorers the entire season,” Auriemma said. “Where they come from, it really doesn’t matter to me, but hopefully we’ll have at least four maybe when Azzi gets back.”
UConn next faces No. 7 USC on Saturday in Hartford, Connecticut, in its second top-10 matchup this month. It lost to then-No. 8 Notre Dame last week.
No. 5 LSU beat Seton Hall 91-64 in the opener of Women’s Showcase earlier Tuesday.
Information from ESPN Research was used in this report.
Iowa
Auditor Rob Sand says his office did not ignore court spending errors • Iowa Capital Dispatch
Iowa Auditor Rob Sand disputed claims made by Republican leaders that his office was aware of a coding error that led to a misallocation of court debt funds years before taking action on the issue.
Sand held a news conference Tuesday about his report on the Iowa Judicial Branch, which found that $27.5 million in court debt receipts had been misallocated due to a coding error. The report had followed up on letters sent to the auditor’s office by House Speaker Pat Grassley and Iowa Department of Management Director Kraig Paulsen that more than $53 million of these funds had been misallocated — an amount Sand said was inaccurate.
In an October letter to Sand, Grassley wrote that the auditor’s office had been alerted of a financial irregularity by the Department of Transportation in 2022, but that these issues were not mentioned in the judicial branch audits for fiscal years 2021 and 2022.
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“I am writing to gain an understanding from you as to why your office has taken no action since being made aware of these drastic issues at least two years ago,” Grassley wrote. “The State Auditor’s office exists for this very purpose. When you are made aware of misallocated funds by a branch of government, it is your duty to Iowans to investigate, alert the public, and seek to rectify the issue. Your inaction in this case is baffling and inexcusable. If there is any other explanation why it appears that the taxpayer’s watchdog was sleeping on the job, I would be very interested to hear it.”
Sand said the auditor’s office has been in contact with officials from the state judicial branch and DOT multiple times after being notified of the issue in October 2022, and that the office remained in contact with the judicial branch in conducting internal and independent investigations into the issue.
According to the auditor’s report, there were seven state funds that were under-allocated because of the error from fiscal years 2021 through 2024 — the largest being the Road Use Tax Fund, which was under-allocated by more than $10.4 million, and the Victim Compensation Fund by $7.2 million. In the same time period, the state general fund received an over-allocation of $27.5 million, in addition to the SOS Revolving Fund being over-allocated $90,174 and the Jury Witness Fund by $74,166.
Iowa Attorney General Brenna Bird released a statement in October criticizing the auditor’s office for failing to catch the misallocation related to the Victim Compensation Fund that goes toward services like sexual assault examinations, medical reimbursements and counseling.
“No domestic violence victim should have to stay with their abuser because they cannot afford to leave,” Bird said. “The State’s self-proclaimed ‘taxpayer watchdog’ failed at the most basic job of being an auditor: conducting an audit. Crime victims should not have to worry about whether victim services will be there when they need them.”
But Sand pushed back against Bird’s characterization of the issue, saying that the underfunded government accounts never ran out of money when they were impacted by the error.
Sand asked for an apology to his staff for the criticism of the auditor’s office over this subject, and making it a “political” issue.
“I’m asking again, the people who distort the facts around this issue for political gain to publicly apologize to our staff — I would settle for a private apology to our staff that works on these issues,” Sand said. “These accountants and the auditors in this office, they work long hours. It is a difficult profession to be in right now, … Our employees know that their families and their friends are seeing these headlines, and they know that they’re doing their job, they know that they are doing good quality work. But because of these attacks, they have to deal with it. They shouldn’t have to, and they deserve an apology.”
Paulsen, speaking with reporters Tuesday, said although the funds impacted by the error retained money despite the misallocation, it does not mean services — and their recipients in the state — were not affected by the lack of funds.
“You don’t spend your bank account down to zero every month, and neither do state entities funded by court debt,” Paulsen said. “When the funds run low, you cut back and so do state entities. Have citizens been harmed? That’s a question the Legislature should ask.”
While Sand said his office has never had staff with the ability to review coding to check for problems like in this case, Paulsen said the fact the misallocation occurred because of a coding error should not have prevented the office from being able to identify the funding irregularities.
“Don’t get bogged down in thinking auditing has anything to do with coding or programming a computer,” Paulsen said. “… [I]f that was the case, that you had to understand some computer language to audit, then how does the auditor of state do a single audit? How do they go from agency to agency? … There’s still a few very small communities who use paper, but otherwise, there’s no government in the state of Iowa that doesn’t have their financials in the computer system. So if that’s a limitation, how do they … do any of their audits? And the truth is, they do, because it’s not a limitation.”
The programming errors that led to the funds misallocations were found to have likely began after changes were made to the judicial branch’s information technology system for the process for distributing judicial fees and fines to government programs in 2020 and 2021, as directed by the Iowa Legislature.
While the error has been fixed moving forward, the misallocation that occurred in previous years cannot be fixed through administrative action, although the Legislature could take action when lawmakers reconvene in January 2025.
State Court Administrator Robert Gast said in a letter Dec. 6 that the judicial branch has implemented “new programming to correct programming errors in its case management system” as of Nov. 22, 2024, including retroactive corrections to distributions dating back to July 1, 2024. It has also contracted with a third party to review programming changes made to the branch’s IT system, is working with the state auditor “to set up an engagement to review the financial findings and verify that the over and under allocation numbers and the funds impacted as calculated by JBIT are accurate” and is developing an internal process to audit future programming changes.
“The branch cannot move funds that were misallocated in prior fiscal years,” Gast wrote. “We are interested and willing to work with all court debt stakeholders to correct all misallocations from FY21 through FY24.”
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Iowa
Illegal manure pollution, and cancer, on the rise in Iowa – Investigate Midwest
A new report from environmental watchdog group Food & Water Watch suggests that almost 2 million fish were killed from manure spills in Iowa between 2013 and 2023. The 179 spills occurred throughout the state, with a major hotspot for spills in the northwest corner of the state. Earlier this year, the group reported that Iowa factory farms produce more waste than any other state, at 109 billion pounds of manure annually, based on U.S. Department of Agriculture data.
The report and accompanying map, released on Dec. 9, designated over 700 segments of Iowa water as “impaired” — not meeting the standards necessary to support aquatic life, public water supplies or recreation. Details include where in the state spills occur, who owns the operation and if they are repeat offenders.
Manure spills in the state of Iowa have contributed to what environmental advocacy groups call a water quality crisis. In the capital city of Des Moines, the local water supply has one of the world’s largest nitrate removal facilities. Nitrate is the resulting chemical of manure that is not absorbed by the soil or crops. Due to high levels of nitrate in water, which can cause blue baby syndrome in children and colon cancer in adults, the Des Moines Water Works has to run its nitrate removal system more frequently as the situation worsens — at a cost of anywhere from $10,000 to $16,000 per day, which falls entirely on utility customers.
“When you think about the nature of what they’re spilling and the quantities of what they’re spilling, it’s the difference between life and death, and people are being strapped down with medical debt and suffering in a prolonged way,” Food & Water Watch Iowa Organizer Michaelyn Mankel tells Sentient.
According to the report, the Iowa Department of Natural Resources fined 171 of the 179 offenders at $635,808 over the ten-year period it studied. That’s less than half of what Des Moines Water Works spent on its nitrate removal system in 2015, at $1.4 million. There are gaps in the state reporting as well. The total volume of the spills is difficult to determine because most reports do not contain information on how much manure is spilled. And in those that do note volume, the range is anywhere from 500 to 1 million gallons.
“The fines that the DNR has leveled against these companies do not represent restitution for the damage that they’re causing to Iowa,” Mankel says. “They also don’t represent a real demand that these corporations change the way that they’re doing business.”
In 2024 alone, the Iowa Department of Natural Resources documented 13 fish kill events, one of which regulators directly tied to animal waste. This one “anthropogenic” spill in northwest Iowa — caused by dairy manure land-applied runoff —killed anywhere from 100,001-500,000 fish.
Many concentrated animal feeding operations operate without the proper discharge permits, rendering their spills more difficult to track. In October, the Ninth Circuit Court of Appeals struck down a petition from 13 groups — including Food & Water Watch — calling for stricter regulation and enforcement of the Clean Water Act. Today, Food & Water Watch is calling for a “Clean Water for Iowa Act” to be passed in the state legislature. The act would require all medium and large-scale concentrated animal feeding operations to get National Pollutant Discharge Elimination System permits.
This report and map are released in the midst of a health crisis in the Midwest, which some observers and critics argue is tied to, or exacerbated by, large-scale industrialized agriculture. Mankel points to cancer incidence in the state of Iowa; it’s the only state in the country with rising cancer rates (though other factors, like obesity and alcoholism rates may play a role).
“We’re paying for it,” Mankel says. “I really want Iowans to understand that these problems are a policy choice, and that we are being burdened with paying the true cost of massive profits that these corporations are reaping from our state, and that’s a very intentional choice on behalf of lawmakers.”
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