Mother gets child back but fight not over

Update on previous story

A 5-year-old put in foster care under questionable circumstances is back with her mother but the mother is still battling DHS. Attorney Natalie Cronk said DHS unexpectantly called Jessica Wilbur after my article ran last Wednesday about DHS putting the child into foster care based on a document signed by the non-custodial father.

DHS informed Wilbur she could have her child back if she signed a “safety plan.” These plans are devised to ensure children in this situation have a safe home. But this safety plan had nothing to do with what DHS alleged was the reason for taking the child away from her mother – sexual abuse.

The father Robert Nino reported an allegation to DHS but a doctor said the child had no signs of sexual abuse. There was never an investigation initiated and the mother never received any paperwork of this voluntary foster care signed over by Nino.

Cronk said she took Wilbur to the foster home last Wednesday and brought the child home. At one point, sheriff deputies arrived after Nino called them but they left after finding out there was no court order to keep the child at the foster home. And nobody from DHS showed up to stop it.

DHS continues to call Wilbur, after being told to contact Cronk, wanting her to sign off on the safety plan. Cronk advised Wilbur against it because she didn’t do anything wrong and it addresses things that were never mentioned until now. The safety plan says Wilbur’s mentally challenged sister can’t be a caregiver, which she never has been. The other requirement is that Wilbur have the proper paperwork, so the child can receive medical attention and education  if Wilbur isn’t available.

There’s several things that don’t add up with this case. The voluntary foster care document wasn’t signed by a parent with custodial rights, DHS not opening an investigation into the abuse allegations, the safety plan that has nothing to do with abuse and why wasn’t the child returned before this if the allegations were being taken seriously by DHS?

Is anybody else thinking lawsuit?

 

Torah scrolls for bail

Sholom Rubashkin had one victory this week with the 72 immigration charges being dropped but then was hit again with denial of bail today pending his sentencing on the 86 counts of bank fraud and other charges.

U.S. District Chief Judge Linda Reade said Rubashkin was a flight risk. He faces hundreds of years in prison with last week’s conviction.

His family and the Jewish community really pulled out all the stops to support him. Six rabbis offered up Torah scrolls as collateral for his bail. The scrolls are not only sacred but also carry value from $20,000 to $50,000. The scrolls are handwritten on parchment and considered holy. Rabbi Menachem Kivman, of Millford, MA, who made one of the offers said if the scrolls were not only valuable but had huge sentimental value.

“In fact if a scroll was to ever fall on the floor, the entire community would fast for 40 days,” he said.

Some Jewish readers and two local rabbis were upset by the Torah offer. They felt it was inappropriate. It’s not unusual for the Jewish community to offer up ransom for  a captive of war but they didn’t consider Rubashkin a “captive.” They said he broke the “law of the land” and was convicted.

I’m not Jewish but it bothered me when I heard it. From what I’ve read of the Jewish history in regards to captives, this doesn’t seem to fit. I hope Rubashkin truly appreciates his support. I think that kind of loyalty is rare.

What do you think?

 

Charges dropped in Rubashkin, Agriprocessors case

My speculation turned out to be factual. The government today filed motion to dismiss the 72 immigration counts against Agriprocessors and former vice president Sholom Rubashkin. Why? The government cites the fraud conviction and expense.

The prison time for the fraud conviction outweighed the possible sentencing of the immigration counts, so it would have no impact on Rubashkin’s prison time according to the motion. As for Agriprocessors, the company has gone into bankruptcy and no longer exists, so no forfeiture could be gained.

The motion also contends the jury in the fraud trial had to believe Rubashkin violated immigration laws because they found him guilty on the charges which included interrogatories or statements to clarify the actions that alleged Rubashkin had knowledge of the company hiring illegal workers.

The government did ask for the charges to be dismissed without prejudice, which allows them to be reinstated if the government decides.

There’s a lot of speculation by the Postville folks and others who are wondering if there’s another reason why the government didn’t want to pursue those charges. There was huge criticism regarding how the criminal proceedings were handled after the raid and how due process was blatantly violated.

Rev. Steve Brackett, of St. Paul Lutheran Church in Postville, said he’s disappointed the charges were dropped because he was hoping it might shine some light on how broken the immigration system is and also bring some national attention to what immigration raid did to his town.

Brackett asks was it just less embarassing for the U.S. Attorney’s office and does it make an easier transition for nominee  Stephanie Rose, who’s taken some heat for involvement in the raid.

 

Reading between the lines

Pure Speculation:

Will the federal immigration trial of Sholom Rubashkin go on Dec. 2? This is in doubt based on what Assistant U.S. Attorney Pete Deegan said today during Rubashkin’s detention hearing.

When Chief Judge Linda Reade  asked the attorneys if the immigration trial was still going, Deegan said he didn’t know. His office had been discussing things and talking with the defense. I’m not sure what that means.

I just got a phone call Assistant U.S. Bob Miell and he said he couldn’t say anything further. So, I can speculate it means there will be a delay, the government is offering a plea bargain or the charges might be dropped. I can’t imagine the charges being dropped but we will see.

By the way, Judge Reade didn’t rule today. She will submit written ruling later. http://tinyurl.com/yfz4eea

I will let you know when I know about my speculation and Rubashkin’s possible bail.

Upcoming trials and hearings:

Jason Blackcloud,  first-degree murder trial, Jan. 25, 2010 in Linn County.

James Waldron, sexual abuse sentencing 1:30 p.m. Nov. 24 in Linn County.

 

Attorney claims DHS illegally takes child from mother

A 5-year-0ld was illegally taken away from her mother, Jessica Wilbur, of Guernsey, by DHS, Iowa City attorney Natalie Cronk said today.

While the mother was out-of-town, the biological father, Robert Nino, of Iowa City, who doesn’t have parental rights, took the child for the weekend and then refused to bring her back. He then called DHS and reported child abuse allegations against Wilbur’s mother, saying he found blood in child’s underwear.

DHS had him sign a voluntary foster care placement contract, which Cronk said violates the law because only a custodial parent can make that decision.

Cronk claims DHS circumvented the system and trampled the constitutional rights of the mother. No investigation of abuse has been opened and no legal proceeding was initiated. Wilbur also has never received documentation of this action. Cronk asks why wasn’t an investigation  started if DHS is concerned about welfare and safety of the child.

Wilbur said there’s no abuse. Nino was mad at her before this happened. He claimed he couldn’t reach Wilbur. Wilbur says that’s not true. He has all her phone numbers and her relatives and they’ve never stopped him from seeing his daughter.

Nino was  convicted in 2004 of assault with intent of sexual abuse as result of Wilbur’s pregnancy. He was 18 and she was 14 at the time she became pregnant, and hasn’t been around much for his daughter. Wilbur said Nino hadn’t seen the child for seven months prior to this recent visit.

Cronk said DHS should be held civilly liable in this case.

Cronk filed a petition Friday, asking the court  to return the child to her mother. A Dec. 1 hearing is set.

 

Attorney for Miell

Robert Miell has a court appointed attorney – Nicholas Drees – as of today. His tax and mail fraud sentencing can continue as soon as the new attorney gets a chance to review the case. He has a lot of paperwork from the case to go over, so the sentencing may not continue until after the holidays.

Miell repeatedly told the court he was going to retain a private attorney but after more than two months a judge last Friday ordered he accept a court appointed one.

Miell previously told the court he had money to retain an attorney, so U.S. Magistrate Judge Jon Scoles said in the order that Miell will be required to reimburse the government for Drees’ services.

A bankruptcy judge ordered Miell’s $69 million real estate property – 460-property to be liquidated last month.

 

CR landlord will get court appointed attorney

The tax and mail fraud sentencing of Cedar Rapids landlord Robert Miell may continue in a few months, since a judge ordered him to accept a court appointed attorney today. Miell for over two months has said his sister was helping him retain an attorney but after the judge gave him additional time, he still didn’t have one.

Assistant U.S. Attorney C.J. Williams filed a motion today asking the court to appoint an attorney and asked the court to make Miell liable for payment of the attorney. The government believes he has money to pay for one.

Miell said he might retain Iowa City attorney Alfredo Parrish, but had no confirmation from him. U.S. Magistrate Jon Scoles told Miell he could still pursue a private attorney but for now, he’s going to appoint an attorney so the sentencing hearing can continue. Miell also will have to reimburse the government for the attorney’s services.

The sentencing hearing started in September but abruptly ended when Miell decided he wanted to testify on the last day. He hadn’t been scheduled but the judge told him it was his right. Miell’s attorneys were totally against it. They thought he was confused and his testimony would hurt him.

Miell told the judge he hadn’t been allowed to speak by any of this attorneys – he’s had three or four during this case.

Miell faces 14 to 17 years in federal prison, according to the sentencing guidelines but if the prosecution in a brief argues for an upward departure to 19-24 years. The prosecution also asks the court to impose a $200,000 fine and costs for the government of $11,117.

Happy Friday 13th!

 

Linn County courts take big hit

Linn County courts were hit hard today. They lost 10.5 employees in the fallout of the 7.1 percent statewide judicial cuts. The 6th Judicial District lost a total of 12. Jones County was the only other county to lose employees – 1.5. The other counties didn’t have any lay offs because the 10 vacancies in the district will remain unfilled.

The 10 vacancies and four retirements saved some employees, Chief Judge Patrick Grady said, but it was little consolation to him. He hopes some of those vacancies can be filled in the future but for now, the public will be hurt by the reduction. The offices closing early two days a week will delay court trials and hearings. The judges will likely take longer in getting out orders and rulings because they lost support staff today.

The employees left were sad to see their friends go. They all said they wished furlough days would have been enough to avoid this. It’s been a stressful time on them to sit around for a month waiting for the hammer to drop, knowing the person sitting next to them might not be there tomorrow.

One comment summed it up: “We’re not going out to celebrate tonight, we’re going home to sleep for the first time all week.”

I just want to thank the clerks, court administration and court reporters who lost their jobs today for helping me over the 1 -1/2 years I’ve covered the courts. You know who you are. I’m sure good things are ahead for all of you.

 

Iowa Association of Justice

The Iowa Association of Justice elected executive officers and  board members and presented honors at last week’s convention. This is a list of the area attorneys elected:

Executive officer: Pressley Henningsen, of Riccolo & Semelroth in Cedar Rapids, is vice president of Ppublic Affairs.

Board of Governors: David A. O’Brien, of Cedar Rapids, was elected from Judicial Subdistrict 6.

At large positions on Board of Governors: J. Dean Keegan, of Iowa City; Paul J. McAndrew, of Coralville;  and Sara Riley, of Cedar Rapids.

Standing members of Board of Governors: Paul Miller, of Iowa City; Immediate Past President Tim Semelroth, of Cedar Rapids; and Tom Wertz, of Cedar Rapids,  past president once removed.

Individuals honored:
-Brad Brady, of Cedar Rapids, received 2009 Key Person Award in recognition of his articulate and artful advocacy for a statutory right of action for consumer fraud, and his wise counsel to legislators who worked to pass the bill.

-Beth DeBoom, The Gazette,  received the 2009 Excellence in Journalism Award in recognition of her exceptional editorial treatment of the need for a private right of action remedy to combat consumer fraud.

- 6th Judicial District Senior Judge David Remley, of Cedar Rapids, received the 2009 Judicial Achievement Award in recognition of a judicial career distinguished by careful legal scholarship, unwavering dignity and unquestioned fairness to all who came before him seeking justice.

Thomas Duff, of Duff Law Firm in Des Moines, was elected at the 37th president.  Other leaders elected were from across the state.

The association, based in Des Moines, is an organization of about 1,000 Iowa attorneys.  The association serves the legal profession and the public through its efforts to strengthen the justice system, promote injury prevention, and foster the transparency of information critical to the health and safety of all Iowans.

 

Death leads police to marijuana grow

Reinhold Speckmeier, 29, of Mason City, decided not to call the police right away after his friend accidentally shot himself with one of Speckmeier’s guns, so he could get rid of the evidence -  marijuana plants growing in his basement.

Sadly, the friend died from his injuries, and Speckmeier got busted for manufacturing weed and possessing eight guns, including four handguns and a semi-automatic rifle with a large capacity magazine.

Speckmeier pleaded guilty in federal court to one count of being an unlawful drug user in possession of firearms and one count of manufacturing of marijuana. He faces up to 10 years and a $250,000 fine on the gun charge and up to 5 years and a $250,000 fine on the drug charge.