What Happened To Paula

Robert Williams

ARRESTS

Cedar Rapids Gazette—Sept 25, 1977

Police also reported five other arrests Saturday… Three persons were arrested Saturday afternoon in connection with an engagement ring reported missing from Siegel’s Jewelry, 105 Third avenue SE. Arlethia Williams, 22, and Robert Williams, 27, both of 1028 Eighth street SE, and Charles Stevens, 26, of 1526 Sixth avenue SE, were all arrested about 2:15 p.m. Saturday. Each was charged with grand larceny and jailed under $5,000 bond. According to police reports the three were looking at rings in the store at the time the $100 to $125 engagement ring was reported missing.

DRUNK DRIVING CHARGES

Cedar Rapids Gazette—Nov 22, 1995

Robert A. Williams, 45, 928 Eighth St. SE, Saturday in the 100 block of Fifth Street NW. He pleaded guilty to an amended charge of intoxication. He was fined $100.

OBITUARIES

Cedar Rapids Gazette—Mar 11, 2003

Mary Ophelia Elizabeth Williams, 69, of 928 Eighth St. SE, died Saturday, March 8, 2003, in Mercy Medical Center after a brief illness. Services: 11 a.m. Saturday, Gospel Tabernacle Church, Cedar Rapids, by Bishop Paul Beets. Burial: Oak Hill Cemetery Visitation: 5 to 7 p.m. Friday at Brosh Chapel. Survivors include her son, Robert Allen Williams, Arlethia Williams, Robert Allen Williams Jr., and granddaughter, Ericia Elizabeth Williams, all of Cedar Rapids; grandchildren, Brandon Lee and Laura of Florida; two great-grandchildren, Kobe and Isaiah, two brothers, A.J. Howard of Cedar Rapids and Johnnie Howard of Milwaukee, Wis.: four sisters, Rozellion Lipscomb, Rosalie Dawson and Barbara Smith, all of Cedar Rapids, and Flora Greer of Atwood, Tenn.; aunts, Annie Taylor of Cedar Rapids, Rose Peoples of St. Louis and Ruth Lee Fair of Indianapolis; and a host of nieces, nephews, cousins and friends. She was preceded in death by her father, mother and brother, James Felix Howard. Mary was born April 15, 1933, in Atwood, Tenn., to James Porter and Ophelia Howard. She married Odas James Williams in 1949 and then moved to Cedar Rapids. From this union two children were born, Robert Allen and Arlethia Williams. Mary retired from Quaker Oats on Aug. 1, 1989, after 17 years as a cereal inspector. Mary enjoyed fishing, playing bingo, knitting, crocheting and being near to family and friends. A memorial fund has been established.

Lonnie Bell

OBITUARIES

Cedar Rapids Gazette—Oct 31, 1997

Marguerite Simmons Bell, 68, of 1633 34th St. NE, died Wednesday, Oct. 29, 1997, in Rose Haven Nursing Home, Marengo, after a long illness. Services: 10 a.m. Monday, Immaculate Conception Catholic Church, by the Rev. Karl Glovik. Burial: St. John’s Cemetery. Friends may call from 4 to 8 p.m. Sunday at Turner Chapel East, where a rosary service begins at 7:30 p.m. Surviving, in addition to her husband, Robert, are two sons, Lonnie A. Bell of Cedar Rapids and Steven C. Bell of Marion.

OBITUARIES

Cedar Rapids Gazette—Oct 6, 2002

Robert Patrick Bell, 74, of 1633 34th St. NE, died Thursday, Oct. 3, 2002, in Covenant Medical Center, Waterloo, following an extended illness. Mass of Christian burial: 10 a.m. Tuesday, Immaculate Conception Catholic Church, Cedar Rapids, by the Rev. Karl Glovik. Burial: St. John’s Cemetery. Friends may call from 5 to 8 p.m. Monday at Stewart Funeral Home, where a rosary will be recited at 7 p.m. Survivors include two sons, Lonnie A. Bell of Cedar Rapids and Steven A. Bell of Marion; and a sister, Dorothy Zeman and husband BJ Bernard of Cedar Rapids. Robert was preceded in death by his parents and his wife, Marguerite.

Robert was born May 8, 1928, in Omaha, Neb., the son of Robert and Lillian Reis Bell. With his family, he moved from Omaha to Cedar Rapids in 1940. Robert married Marguerite Simmons on Sept. 1, 1950, in Council Bluffs. She died Oct. 29, 1997. Robert worked for Home Town Dairy, where he retired. Bob’s love of playing poker led him to the Meskwaki Casino, where he became a dealer. Robert was a member of the Teamster Union Local 238 and Immaculate Conception Catholic Church. Bob was very devoted to his religion. Every day he had a prayer for the Saint of that day. A memorial fund has been established.

Billy Ben Carroll

DRUNK DRIVING COUNTS FILED AGAINST FIVE

The Cedar Rapids Gazette—Aug 23, 1975

Area law enforcement officers nabbed five persons for alleged drunk driving in separate incidents Friday night and early Saturday…Billy Ben Carroll, 22, of 3034 Mt. Vernon road SE, was arrested by Linn deputies at 11:45 p.m. Friday near Edgewood road NE. He was being held under $500 bond.

MARRIAGE LICENSES

The Cedar Rapids Gazette—Jun 27, 1972

…Jacalyn Dabolli, Hiawatha, and Billy Carroll, Cedar Rapids…

MARRIAGES DISSOLVED

The Cedar Rapids Gazette—Aug 13, 1977

… Jacalyn M. and Billy Ben Carroll

Vera Oberbroeckling

OBITUARIES

Cedar Rapids Gazette—Jan 5, 1995

Anna Veronica “Vera” Oberbroeckling, 94, of Doswell, Va., formerly of Cedar Rapids, died Thursday, Jan. 5, 1995, in Richmond, Va., after a short illness. Services: 11 a.m. Monday, St. Matthew’s Catholic Church, by the Rev. Msgr. Robert Hogan. Burial: Mount Calvary Cemetery. Friends may call from 5 to 8 tonight at Stewart Funeral Home, where a wake service begins at 6:30. Survivors include a son, Robert and wife Beverly of Doswell, (Paula’s uncle, her father’s brother) Va.; 10 grandchildren; 14 great-grandchildren; and a great-great-grandchild.

Vera was born Dec. 14, 1900, in Dyersville to Henry and Frederica Budenboehmer Kruse, and married Richard “Pat” Oberbroeckling. He died Jan. 4, 1954. Vera and Pat moved from Dyersville to Cedar Rapids in 1934. She was an accountant for Siegel’s Jewelry Store until her retirement in 1986. Vera was a member of the Women’s Association of Creditors, Altar and Rosary Society and St. Matthew’s Catholic Church, where she devoted a lot of her time to volunteering wherever she was needed.

Vera will be missed by all who knew and loved her.

Carol Oberbroeckling

HONORED

The Cedar Rapids Gazette—September 21, 1975

Honored by the John Hancock Mutual Life Insurance Co at the South Central Regional Honor club conference … Carol Oberroeckling 2025 G Avenue NE…

 

 

Carol Jean Burks Oberbroeckling, 81, of 925 26th St. SE, Cedar Rapids, died Monday, May 23, 2010, in her home with her loving family around her. Funeral Mass: 10 a.m. Thursday at St. Matthew Catholic Church by the Rev. David Beckman. A visitation will be from 4 to 7 p.m. Wednesday at Cedar Memorial Park Funeral Home.

Survivors include her children, Lynn Greve of Cedar Rapids, Todd Oberbroeckling and wife Samantha of Grand Junction, Colo., and Timothy Oberbroeckling of Cedar Rapids; eight grandchildren; seven great-grandchildren; and Richard Cooley of Cedar Rapids, who was like a son.

She was preceded in death by her children, Paula and Christopher Oberbroeckling; her parents; a sister, Ardyth Haynes; her stepfather, Frank Zachar; and half sisters, Mildred Miller and Gladys Garner.

Carol was born Sept. 26, 1929, in Enid, Okla., the daughter of Jack and Alice Hay Burks. She married Jim Oberbroeckling on July 22, 1950, in Cedar Rapids. They later divorced and remained friends. Carol was a member of St. Matthew Catholic Church. She was an insurance agent for John Hancock and later retired to care for her parents. She was an avid reader, seamstress and flower gardener. Carol was a great cook and will always be remembered for her baking, especially at the holidays.

Carol was loved by all her friends and neighbors and was affectionately called Miss Carol. She will be greatly missed by all.

Please leave a message for the family on the web page www.cedarmemorial.com under obituaries.

In lieu of flowers, memorials may be made to Mercy Hospice or the Cedar Rapids Humane Society.

Aaron Doolin

U.S. MARSHAL SLAIN IN CEDAR RAPIDS

Shot after Scuffle in S.E. Area

Cedar Rapids Gazette—July 20, 1972

A deputy United States marshal, Dick McKinney, 45, died of gunshot wounds early Thursday in Cedar Rapids Mercy hospital. A full-scale murder investigation is being conducted by the Cedar Rapids police department, with assistance from the FBI and U.S. marshal’s office. Assistant Police Chief Carl Badger, acting as chief in the absence of Chief Frank Matias, said an autopsy was scheduled Thursday by a forensic pathologist from Iowa City.

He said the department received a report of a fight in the street in the 500 block of Eleventh avenue SE at 1:29 a.m. Within minutes, Badger said, another report was received that gunshots were fired in the 600 block of Twelfth avenue SE. Mercy hospital then called and reported a man had been admitted who was suffering from gunshot wounds. McKinney’s son, Richard, said the family as told his father had suffered two gunshot wounds in the chest.

Officials said McKinney was found slumped over the steering wheel of his car in front of the hospital’s emergency entrance. The auto’s horn was sounding. Police said it was unknown whether McKinney drove himself to the hospital or if someone else did the driving. Federal authorities, however, have concluded McKinney drove himself to the hospital.

Badger said authorities have a “suspected murder weapon” and other murder evidence which will be forwarded to the FBI laboratory in Washington, D.C.

Badger indicated other details related to the case might be released following completion of the autopsy. He said investigation of the incident indicates it was McKinney who was involved in the altercation on Eleventh avenue. He said McKinney apparently was shot while standing beside his car in an alley adjacent to the house at 614 Twelfth avenue SE. McKinney was said to have been looking for a federal fugitive in the area. He apparently received a tip while at a tavern in northeast Cedar Rapids at about 1 a.m. and went from there to the southeast side of the city. He reportedly returned a couple of shots during the altercation. His wallet reportedly was not in his possession when he was admitted to the hospital. Numerous persons had been questioned in connection with the shooting by noon Thursday. Twelve detectives are assigned full time to the case.

Earlier Wednesday night, McKinney was featured speaker at the bi-monthly meeting of the Northeast Iowa Peace Officers Association. It was attended by approximately 60 law officers. Cedar Rapids Police Chief Harold Irons, when questioned about whether McKinney had indicated where he would be going following the meeting, said he didn’t want to reveal any secret information.

Fletcher D. Thompson, in charge of the FBI’s Omaha field office, acknowledge reports some witnesses have indicated Deputy McKinney was involved in a scuffle with several black persons. “What the circumstances were we are attempting to determine through interviews,” Thompson said. By the end of the day, Thompson said, the FBI will have eight men working on the case with Cedar Rapids Police. U.S. Marshall Mel Hove was notified of the shooting at 2 a.m. and went immediately to the hospital. He said McKinney was dead by the time he arrived.

Hove said he was with McKinney most of Wednesday and that both left the Federal building shortly after 5 p.m. McKinney proceeded to Manchester for his talk before the Peace Officers group. [He] said McKinney must have returned to his office on the third floor of the Federal building after returning from Manchester some time before midnight. The marshal said reports were completed that had not been worked on earlier in the day. There is speculation McKinney received a phone call at his office.

“I’m at a loss for words,” Hove told newsmen Thursday morning after he returned from the McKinney home. “Deputy McKinney was a dedicated officer, hard-working and went beyond the call of duty many times.”

McKinney had been a deputy U.S. marshal since Sept 16 1962, after serving 15 years with the Cedar Rapids police force. In recent years he had spent a good deal of time on special assignment—serving as one of the guards for Judge Julius Hoffman during the Chicago Seven conspiracy trial. He also had guarded witnesses in trials in the East and had been involved in airport security.

U.S. Atty. Evan Hultman arrived at the Cedar Rapids Federal building shortly before 9:30 a.m. Thursday to assist in the massive investigation. Reporters asked what his role will be. “It is a proper case for the Cedar Rapids police department and we have great confidence in them,” Hultman said. “The FBI and our office will assist in any way possible. It is ironic to me that this should happen to an officer who has spent a great deal of his career protecting individuals in law enforcement matters.”

The FBI’s Thompson said he is calling in investigative man power from surrounding cities to aid in the search for “the person or perons responsible for the death of Marshal McKinney.” Thompson said the FBI is working with the Cedar Rapids police under federal statutes covering the assault of a federal officer. Ordinarily, homicide cases are handled by local and state authorities unless some federal violation is involved. However, Thompson pointed out, a federal charge cannot be filed “unless he (McKinney) was acting in his official capacity or killed as a result of some official act. That is a detail we are not very concerned with at this point. We will determine later if there is a federal violation.”

Thompson urged anyone with information on the killing to contact either the Cedar Rapids police or the FBI, “and if they desire, their information will be kept in strict confidence.” [He] said he plans to follow the investigation closely. He said he had been in touch with the FBI laboratory in Washington, “and they want to be of assistance in examining any evidence.”

Dick Donald McKinney, 4601 Midway drive NW, was born in Iowa City April 2, 1926. He spent his youth in Des Moines, and served in the army during World war II. He was married to Iva Scholl July 17, 1949, at Mason City. Mr. McKinney was a member of Grace Episcopal church, the Elks, American Legion and the Iowa Chiefs of Police Assn. Surviving are his wife, three sons, Richard T., Cedar Rapids; Thomas M. and Donald D., at home; three daughters, Patricia Mann, Cedar Rapids; Barbara Hayes, Central City, and Linda Sue, at home; his mother, Beth McKinney, Colorado Springs, Colo.; a sister, Joan Ferris, also of Colorado Springs, and four grandchildren.

Services: By the Rev. Thomas S. Hulme of Iowa City at Grace Episcopal Church at 10:30 a.m. Saturday, with military services by Hanford American Legion post at the graveside. Burial: Oak Hill. Friends may call at Turner chapel west until 9 p.m. Friday. The casket will not be open at the church.

MCKINNEY FIRST MARSHAL TO BE KILLED IN IOWA

Cedar Rapids Gazette—Jul 20, 1972

The head of the U.S. Marshal’s Service in Washington said Thursday records indicate Deputy Dick McKinney is the first federal marshal murdered in Iowa. The last law enforcement officer killed in Cedar Rapids was Patrolman Felix Barta, who died of a gunshot wound in 1961 while responding to a family trouble call. Wayne B. Colburn, director of the Marshal’s Service, said a deputy lost his life five months ago in Washington, D.C., while escorting a prisoner to a funeral for a member of his family. Co-conspirators, Colburn said, attempted to rescue the prisoner. The deputy was shot and killed in an ensuing gun battle.

TWO LINKED TO MCKINNEY CASE

Cedar Rapids Gazette—Jul 21, 1972

Aaron Doolin, 21, of 912 Tenth street SE, surrendered at police headquarters Thursday night for questioning in connection with the shooting death of deputy U.S. Marshal Dick McKinney, 46. Doolin subsequently was booked on an open murder charge. Police Chief Frank J. Matias announced the arrest late Thursday  night at a news conference at his office. Matias also said Joe Jean Love, 20, of 507 Fifth avenue SE, was being held on a charge of robbery with aggravation in connection with the incident.

Doolin and Love appeared in municipal court Friday morning and the court appointed attorneys for them and set preliminary hearings for July 28. Doolin was being held without bond. Love was held under $50,000 bond.

County Attorney William Faches said the reason he asked for no bond on Doolin and a $50,000 bond on Love was that upon further investigation, additional charges may be brought against them. In addition, Faches said, other arrests “probably will be made” in the case. The charge against Love alleges the robbery took place… “there being present other confederates armed with a dangerous weapon, said confederates and/or the defendant striking and/or wounding McKinney.”

U.S. Atty Evan Hultman told The Gazette he will take the case to a grand jury hearing and determine at a later time, in cooperation with Faches, what the procedure will be. Hultman said he will proceed under Title 18, section 1111 of the U.S. code, dealing with the murder of a federal official.

Nine FBI officers are working on the case. “I want to commend the Cedar Rapids police department and the FBI for an outstanding effort in this investigation,” Hultman said. “This is an example of two outstanding law enforcement groups working together in a matter not only of concern to us but to the entire public.”

McKinney died early Thursday of gunshot wounds to the chest area, one of which punctured the aorta, according to preliminary autopsy reports, Matias said. Chief Matias said a bullet recovered during the autopsy, along with other evidence in the case, was flown to the FBI laboratory in Washington, D.C., for analysis. He said a complete autopsy report can be expected within seven to ten days. Officials said the suspected murder weapon is a .22 cal. Pistol.

Police officials earlier had indicated their investigation revealed McKinney had been involved in a fight in the 600 block of Eleventh avenue SE, during which his wallet was stolen. Within minutes after the robbery, McKinney was shot in an alley adjacent to 614 Twelfth avenue SE. He apparently was standing at the side of his car. He reportedly drove himself to the hospital where ambulance attendants found him in his car at the emergency entrance, honking his horn. He died at 2:30 a.m.

Hultman said there is no question that Marshal McKinney was on duty. The U.S. attorney was most emphatic about that. From several sources, The Gazette was able to piece together the following sequence of events. McKinney and U.S. Marshall Mel Hove worked on an investigative matter earlier Wednesday in the southeast section of the city. It is indicated that McKinney planned to return to that area following his speech Wednesday night to members of the Northeast Iowa Peace Officers Assn. McKinney did return to his Federal building office after the talk, perhaps about 10 p.m. It is believed he may have worked up to two hours in his office, based on the amount of paper work completed which had not been done when he and Howe left at 5 p.m.

It is unclear yet whether he received a telephone call at the office and was reacting to it, and precisely where he went from that point. Upon arriving in the 600 block of Eleventh avenue, sources say, he stopped to make inquiry of a group of persons standing in the area. Whether he stepped out of the car or was hauled out apparently is unclear. At any rate, the group proceeded to assault and rob McKinney, authorities contend. One source said the deputy marshal was severely beaten on the face and suffered a deep gash on the forehead, possibly from the murder weapon.

At this juncture, a woman across the street, after hearing the fight, flipped on a front porch light and stepped outside. This caused the assailants to flee. McKinney jumped back into his car, made a “U” turn and stopped in front of the woman’s house, asking her which direction the attackers had fled. She motioned toward the alley between Eleventh and Twelfth avenues. McKinney, gun drawn, drove down the alley and came to a stop at Twelfth, pulling alongside a window in a house at 614 Twelfth avenue SE. He then stepped out of the car, about four or five feet from the window.

The exchange of shots between McKinney and someone inside the house then took place. McKinney realizing he had been seriously wounded, jumped back into his car and sped to the hospital. Sources indicated the entire episode took no more than several minutes.

COMPLAINT ON BOOK POLICY OF JAIL REPORTED

Cedar Rapids Gazette—Aug 21, 1972

William Cotton, executive secretary of the Cedar Rapids human rights commission, said Monday he is not permitted to confirm or deny reports that a complaint has been filed against Cedar Sheriff Walter Grant by the mother of a county jail prisoner. Cotton said the law establishing the commission forbids commenting on cases before the commission.

There have been reports that Cora Mae Jean, of Cedar Rapids, mother of Aaron Doolin, filed a complaint, saying her son is not allowed to read books she has sent him. Grant said Monday he has not received notice from the commission about the filing of any complaint. Grant did say that Doolin has not been permitted to receive books sent in by Mrs. Jean. The sheriff said a jail regulation, approved by a district court judge, allows books to be received by prisoners only if the book is sent directly from the publisher. He said the reason for the regulation is that his deputies would not have time to look through all the books that might be sent to the jail to determine whether they contain any messages to prisoners. The sheriff also noted it is possible to conceal contraband, such as a knife or drugs, in books.

Books are made available to prisoners by special arrangement with the public library, Grant said. Doolin, 21, is accused of murdering U.S. deputy Marshal Dick McKinney on July 30.

DOOLIN BOUND OVER ON MURDER CHARGE; BOND HEARING MONDAY

Cedar Rapids Gazette—Aug 25, 1972

Aaron Doolin, charged with murder in connection with the July 20 slaying of Deputy U.S. Marshal Dick McKinney, was ordered bound over to the Cedar county grand jury after a preliminary hearing Friday in municipal court. Judge Anthony Scolaro said the 21-year-old Cedar Rapids man will be officially bound over following arguments Monday on a defense motion requesting that Doolin’s $50,000 bond be lowered.

Witnesses called by the state Friday included police detectives and officers who investigated the shooting; a forensic pathologist from the University of Iowa, who examined the body, and an FBI agent involved in the investigation. The defense called one witness, Willie Robert Naylor, 19, of 821 Tenth avenue SE. A second witness called by the defense, Melvin Gibson, was not present in court even though he had been subpoenaed.

State witnesses testified they found four empty shells from a .22 pistol at the scene. Two of the shells were found inside the house at 614 Twelfth avenue SE and two were found outside the house, they said. A police officer also testified he found a .22 automatic pistol at the side of the house along the alley during his investigation shortly after the early morning shooting. Other items found included a credit card and a driver’s license, which allegedly had McKinney’s name on them, and a folded piece of paper.

A week later, police said, they found in some bushes around the house a wallet which allegedly belonged to McKinney and a piece of cloth which appeared to  have been torn from the inside of McKinney’s coat. A forensic pathologist testified that McKinney had been shot twice in the left side of the chest and once in the left hand. He said the wound in the chest which severed the aorta, the main artery to the abdomen, caused McKinney’s death. The doctor also said McKinney’s body showed multiple bruises, scrapes and abrasions on the back of the arms, legs and abdomen. Police have theorized that McKinney was robbed and beaten prior to the time  he was shot. The doctor said he had recovered one bullet from the body, but that only fragments of the bullet that struck the hand were recovered. He added that he had performed no blood test during his examination of the body.

The FBI agent introduced a statement which Doolin allegedly made to investigators after he turned himself in at police headquarters. According to the statement, Doolin told police he was looking out of a window when he saw a flash and felt glass flying into his face. The statement said further that Doolin fell forward toward a table where a gun was lying. Doolin then picked up the gun and fired “several shots” back through the window, the statement said.

Upon cross-examination the agent said investigators have not been able to determine whether McKinney had identified himself properly before firing. Doolin’s statement was to the best of the agent’s knowledge true “as far as it went,” the agent continued under cross-examination.

Naylor, the defense witness, first said he had not seen Doolin at the house where the shooting occurred the night of the slaying. However, when reminded about testimony given police shortly after the shooting, he said he had not seen the “defendant Doolin” at the house. When questioned further by both the prosecution and the defense, he said he told police he had seen Aaron Doolin going into the house, but that it wasn’t the same Aaron Doolin who was the defendant. Naylor said everybody called him Aaron Doolin so he thought that was his name, but that the person entering the house was definitely not the same Aaron Doolin sitting in the courtroom.

The prosecution asked Naylor whether he had been threatened and told not to testify. Naylor replied, “Not exactly threatened.” However, Naylor admitted he had asked the assistant county attorney if he couldn’t be relieved from testifying. He said he just didn’t want to get mixed up in the case, since he had only been in Cedar Rapids for a short period of time.

A sheriff’s deputy who had been standing at the back of the room during the hearing then was called to the stand. He testified he had seen someone in the courtroom  hold up a clenched fist in Naylor’s direction while Naylor testified. The defense suggested the fist might have been a black power salute…

ARRAIGNMENTS FOR FOUR SET IN McKINNEY CASE

Cedar Rapids Gazette—Sept 8, 1972

Four of five persons indicted by a Cedar Rapids federal grand jury Thursday in connection with the robebery and murder of U.S. Deputy Marshal Dick McKinney were scheduled to be arraigned Friday afternoon. Slated to appear in federal court were Aaron Doolin… Joseph L. Love… Bruce A. Stark… and Denise E. Morgan…

Indicted, but still at large, was Harry Reese, about 22, also known as Dirty Harry.

All five are named in a single indictment charging use of a gun in the killing of McKinney during the commission of a robbery, and while McKinney was on duty. McKinney, 46, was shot to death in an alley in the 600 block of Twelfth avenue SE early the morning of July 20. He had been robbed and beaten before being killed. Doolin has been in Linn county jail on an open state charge of murder. All of the others indicted by the federal grand jury are accused in a state court with robbery with aggravation. Doolin and Love were arrested late the day of the killing. Stark turned himself in to authorities in Rock Island, Ill., Aug 11. Miss Morgan had been freed by juvenile authorities, but arrested by the FBI Friday morning.

FOUR PLEAD INNOCENT IN MURDER CASE

Cedar Rapids Gazette—Sept 9, 1972

Four persons, arraigned separately before U.S. Judge Edward J. McManus Friday afternoon, pled innocent to charges in connection with the July 20 robbery and slaying of Deputy U.S. Marshall Dick McKinney. Bond was set at $25,000 for Aaron Doolin… Joe Jean Love… and Bruce A. Stark…. Denise Morgan… was released from custody after she and her father signed a $10,000 personal surety bond requiring no cash deposit. Trial for all four was set for Oct. 24. Doolin, Love and Stark were returned to the Cedar county jail in lieu of bond. Still at large but indicted with the other four defendants is Harry Reese, 22, of Chicago.

U.S. Atty. Evan Hultman told each of the defendants that under the section of federal code in which they were charged that the maximum penalty that could be imposed by the court was death or life imprisonment. Doolin shook his head as he heard Hultman speak. In all four cases, Hultman asked the court to set bond at $50,000. Doolin’s attorneys had asked Judge McManus to establish bond at ten percent of $20,000 and run concurrently with a similar bond set in municipal court. “We feel this is fair and equitable,” Doolin’s attorney said of the $2,000 municipal court bond, the ten percent amount. “When he was asked to come to the police station, he came. They didn’t have to look for him. He is anxious to clear his name. He will not run,” the attorney said.

Doolin said he did not have a job this summer, and previously had been attending college in Omaha. His attorney said Doolin’s mother was trying to raise $2,000 for his release on the state charge. Doolin, upon questioning by Hultman, said he had been “threatened by the FBI, when I was first arrested. They said it didn’t make any difference what I said, that they would get me.”

Hultman, as a matter of procedure, asks defendants if the plea they are about to make is in any way based on immunity or threats by federal officials. Doolin, after explanation, said he was making a free plea. Love, Stark and Miss Morgan had little to say at the arraignment. Stark said he had no previous criminal record. Miss Morgan said she was scheduled to begin high school completion studies at Kirkwood Community college Friday. Miss Morgan’s release condition also stipulated that she remain in Linn County.

DENNIS STRAUSS, DENISE MORGAN ACCUSED OF THEFT

Cedar Rapids Gazette—Dec 29, 1972

Two persons were arrested and charged with larceny Thursday after they allegedly attempted to take a turntable valluled at $100 from the Stero Shop, 107Third Avenue SE. Police arrested Dennis Strauss, 21, and Denise E. Morgan, 18. Both gave their address as 1019 Eleventh avenue SE. Miss Morgan also was charged with resisting an officer. She posted $1,110 bond and was released. Strauss was released on $1,000 bond. Miss Morgan is currently under indictment on a charge of murder in connection with the shooting death of Deputy U.S. Marshal Dick McKinney. She has been free on $10,000 personal surety on that charge.

WEEK GIVEN TO CORRECT REQUEST FOR AARON DOOLIN

Cedar Rapids Gazette—Jan 5, 1973

Linn District Judge Harold Vietor has given attorneys for Aaron Doolin another week in which to make their application for a change of venue comply with requirements of Iowa law. The 21-year-old Cedar Rapids man is one of the persons accused of murdering Deputy U.S. Marshal Dick McKinney last July 20. A hearing had been scheduled for Thursday afternoon on the motion for a change of venue and a motion for continuance. The judge delayed the trial from Jan. 22 to Feb. 20 after an attorney for Doolin pointed out he was defending Doolin on federal charges from the same incident and said that trial might still be in session Jan. 22. However, the judge agreed with the county attorney that the change of venue motion did not comply with an Iowa statute which requires an affidavit from the defendant and three disinterested parties that a fair trial could not be obtained in Linn county. The attorneys were given until  next Friday to comply with that requirement and to file written arguments on the question.

Doolin, Joe Lee Love, also of Cedar Rapids, and Bruce Stark, Rock Island, received a change of venue to Sioux City on federal charges stemming from McKinney’s death. Love, the only one besides Doolin to be charged in state court, did not file a motion before a Dec. 26 deadline set by Vietor for filing motions for a change of venue.

FIRST WITNESS ON STAND IN MARSHAL CASE

Cedar Rapids Gazette—Jan 9, 1973

Prosecution and defense disagreed Tuesday whether Deputy U.S. Marshal Dick McKinney was on duty at the time he was fatally wounded in Cedar Rapids July 20. U.S. Marshal Melvin Hove, first witness in the trial, testified as to work McKinney had been doing in the area where the shooting took place. U.S. Attorney Evan Hultman of Waterloo, who is leading the prosecution, also covered the question in his opening statement. However, defense attorneys disagreed and one termed McKinney’s visit to the southeast Cedar Rapids area “official nonsense.” …

Hultman, in his opening statement, pointed out that only three of five defendants in the case are on trial at this time. “The evidence will come in pieces, but we will see that it is all put together.” He said government evidence will show that the slain marshal had worked that day in the area where the shooting took place. He was there attempting to protect certain government witnesses, Hultman said, and together with Hove was also looking for two or three witnesses who had been subpoenaed with bench warrants. He said the evidence will show McKinney was in Manchester that evening to speak at a meeting of the Northeast Iowa Peace Officers Assn. “The evidence will show he left Manchester to return to Cedar Rapids to continue his work in the Twelfth street area.” He said the evidence will show McKinney was stopped in the street and beaten by a number of men who used a .22 caliber pistol on him.

In a period of ten minutes, Hultman said, several calls were made to police. The first, he said, was from an individual reporting a robbery in progress. Four minutes later the same person called back to report a shooting. Hultman named defendant Doolin as the one who shot McKinney, and said the other defendants were amont those who took part in the robbery. N.E. Lillios, one of Doolin’s attorneys, said Doolin is innocent. “We will show that under the circumstances Doolin acted in self-defense,” he said.

Walter Braud, Rock Island, chief counsel for defendant Bruce Stark, said the jury members should try to keep the defendants in proper perspective. “These young men are not charged with robbery. The only charge is murder.” He said, “Hultman didn’t tell us what McKinney was doing in a black neighborhood with another defendant, Denise Morgan, a black girl. Was it official duty or official nonsense?”

Hove testified that he and McKinney had been involved in issuing an arrest warrant for Charles Joss of Cedar Rapids and protecting his former wife, Karen. He said Mrs. Joss had asked for protection, saying she feared for her life. At about 1:30 p.m., he said, both Hove and McKinney were present when Mrs. Joss signed a release at an apartment where she had been relocated by the marshals. He said the last time he saw McKinney was shortly after 5 p.m. on July 19, when they left the marshal’s office and McKinney left for Manchester. Hove testified that McKinney had a .30 caliber revolver in his possession, but said: “I saw him put it in the glove compartment. He handled it very carefully. He seldom carried it unless he knew an arrest was being made.”

A jury of eight women and four men had been picked Monday afternoon. Two alternates, both men, also were chosen. The jurors were chosen from a panel of 61 persons, all from northwest Iowa, who had been summoned for possible duty in the case. All questioning of the jurors was carried out by Judge Richard E. Robinson of Omaha, a senior U.S. judge chosen to hear the case after Judge Edward J. McManus disqualified himself because of his acquaintance with McKinney. After questioning of each juror on his personal background, Judge Robinson asked the group as a whole whether any of them believed he or she would be prejudiced by the fact that all of the defendants were black. He also asked such questions as whether the prospective jurors would be influenced by the fact that the defendants came from a poor part of town, and whether any of them (or any members of their families) had been the victim of a crime.

At the request of one of the defense attorneys, he also asked whether any of the prospective jurors would be influenced by the fact that the man killed was a U.S. marshal, whether any had any connection with law enforcement, and whether any would be prejudiced against a person who used a gun to defend himself. All members chosen for the jury were white. The one black person among the 61 was not drawn for consideration as a juror.

DOOLIN’S STATEMENTS ARE PLACED ON FILE

Cedar Rapids Gazette—Jan 13, 1973

Sworn statements from Aaron Doolin and two other persons, declaring they thought Doolin could not receive a fair trial in Cedar Rapids because of adverse publicity, were on file in Linn district court at closing time Friday. Last week Judge Harold Vietor, at a hearing on the 21-year-old Cedar Rapids man’s motion for a change of venue in a murder case, gave Doolin’s attorneys until Friday to file affidavits from Doolin and three disinterested parties. He said the Iowa statute dealing with change of venue on the ground of adverse publicity required the affidavits he specified.

Doolin is accused of murdering Deputy U.S. Marshal Dick McKinney last July 20. He and two others are now on trial in federal court in Sioux City after successfully seeking a venue change. Those filing affidavits beside Doolin were R. Fred Dumbaugh, an attorney, and William Cotton, executive secretary of the Cedar Rapids human rights commission.

DOOLIN: DIDN’T KNOW WHO IT WAS I SHOT AT

Cedar Rapids Gazette—Friday, Jan 26, 1973

Aaron Doolin… testified in federal court here Friday that he fired at someone the morning of July 20, but he didn’t know who it was. And, he said as testimony drew to a close, he did not fire until the other person had fired first.

Doolin is one of three men on trial in the slaying of Deputy U.S. Marshal Dick McKinney last summer in Cedar Rapids. Other defendants are Bruce Stark, 21, Rock Island, and Joe Jean Love, 20, of 507 Fifth avenue SE.

The defense presented final witnesses Friday morning and the government called four rebuttal witnesses before resting its case. The jury was expected to receive the case late Friday following some five hours of summation and instructions from Judge Richard Robinson.

In his testimony, Doolin said he was in the living room at the Ruth Jean residence when a bullet suddenly shattered window glass and possibly sent slivers of glass into his eye. He recalled spinning around, spotting gun lying on a table, picking it up and returning the fire. He could not recall, however, the exact number of rounds he fired, but said one of his bullets may  have entered a wall in the Jean residence. At one point, he said he also thought he might have shot Patty Morgan, who was standing in the house. Doolin told the court he could not see who had fired from outside the house when he first looked out. In addition, Doolin testified, he was not aware a deputy marshal had been slain, or that he was being sought by police until later that same day.

Various people had seen him, he related, and told him that someone had shot a marshal, that Cedar Rapids police had the city sealed off and were “driving all over town with nigger kill in their eyes.” He continued to be unaware of his possible involvement, he said Friday, until his mother told him police had visited her and were looking for him. He arranged through a Cedar Rapids attorney a short time later to surrender to police. Fearful of the possible consequences, Doolin said,  he hid in the back seat of a car while going to the attorney’s office. He reported being subjected to constant threats while being interrogated by officers, and said officers wanted to put “things” into his statements which he didn’t want in them.

The defense case for Love was rested without calling any witnesses.

Four law enforcement officers appeared as witnesses to statements made in court Thursday by Dwayne Ampey and Ruth Jean. Appearing were Ted Beuter, a Cedar deputy sheriff, and Mark Corrigan, Jim Steinbeck, and Lt. Ken Milsap of the Cedar Rapids police detective bureau. In testimony Thursday, Ampey and Mrs. Jean reported having become acquainted with the slain McKinney when he approached and asked them to “get him a woman.” Mrs. Jean, 614 Twelfth avenue SE, owner of the house near where the shooting of McKinney took place, testified she had known the slain officer since either May or June of last year. Asked how she became acquainted with him, she replied, “He asked me to masturbate. He paid me $15.”

On several occasions, Mrs. Jean testified, McKinney asked her to “find him a young girl, a girl who was not experienced and who had not had kids.” Ampey, who formerly operated the Cougar Lounge at 320 Ninth avenue SE, testified to McKinney having been in the establishment on three occasions to his knowledge. The lounge was closed last July 27, Ampey said, because out-of-state liquor bottles were found there. On one particular night, Ampey testified, McKinney entered the lounge about 8 or 9 p.m. and, “He was high. He was not drunk,” later explaining that “when you are high, you can still manipulate.” McKinney, according to Ampey’s testimony, asked him (Ampey) to get him a woman. “I was going to give him the name of a place, but suddenly I got busy,” Ampey said.

Before he could return to McKinney, Ampey said, the officer was engaged in an argument with a black couple and Ampey overheard the black man say something to the extent of, “Man, that’s my wife.” McKinney had pulled a gun, Ampey testified. Ampey said he was not aware at the time that McKinney was a deputy marshal, but took the gun away from the officer. McKinney reportedly showed his identification then, according to Ampey, and said he was a married man and had three children, and didn’t want to lose his job. Ampey said he unloaded the gun, told McKinney he could have the weapon back the following day, then called an attorney and related what had taken place.

Doolin was on the stand when proceedings ended for the day Thursday. He testified about his activities in the afternoon and evening preceding the fatal shooting. While at the Brown Derby, he said, “some dude” knocked a glass out of a girl’s hand and shouted, “I’m going to blow you all away.” At that time, Doolin testified, someone told Harry Reese to get his gun. He later caught up with Reese, asked for and was given the gun. He later returned the gun to Reese, he said, after having first showed it to several people. He denied seeing the gun after returning it to Reese.

Among those testifying Thursday was Deloise Clark, who was asked whether she knew anyone who  used the initials “J.J.” She responded that Denise Morgan “uses them when she’s turned the trick.” She explained that term applied to “selling your body.”

Beuter testified he had been involved in surveillance around the Cougar Lounge beginning around the end of April [1972] because of suspected traffic in heroin. The establishment was raided June 1, he said, and its license was revoked June 16. He said its operator (Ampey) was arrested five days later. Ampey had testified the lounge was not closed until July 27.

Corrigan said he also had participated in the surveillance, part of which required checking all out-of-county license plates. Both he and Beuter said they had never seen McKinney’s car there, although with its 77-county plates it would have been subject to checking. Both admitted under cross examination, however, that they did not participate in around the clock surveillance. Corrigan said he would have remembered if a check had shown one of the cars was owned by a deputy marshal.

Millsap cited city council steps leading up to a revocation of the lounge’s beer and liquor permits in mid-June, and the expiration of its restaurant license June 30.

 Steinbeck, who said he was assigned to try and locate witnesses to the McKinney slaying the week following the incident, said he contacted both Ampey and Mrs. Jean and showed them a picture of the dead officer. Of his meeting with Mrs. Jean, he said, “She looked at the photograph and said she didn’t know the man.” Ampey also told Steinbeck he didn’t recognize or know the man in the photograph, the officer testified.

TEN YEARS TO DOOLIN; SIX TO LOVE, STARK

Cedar Rapids Gazette—April 26, 1973

Three men who pled guilty to second degree murder in the July 20, 1972, slaying of Deputy U.S. Marshal Dick McKinney were sentenced in federal court in Cedar Rapids Thursday under the Youth Corrections Act. Bruce Stark… and Joe Jean Love… were given sentences of up to six years by Senior U.S. Judge Richard E. Robinson. Aaron Doolin… was sentenced to a maximum of ten years. Although the Youth Corrections Act specifies six-year terms, it permits longer terms at the judge’s discretion. The three young men pled guilty March 12 to second degree murder. A trial on their charges of first degree murder ended in a hung jury in federal district court in Sioux City in January.

Scheduled for 10 a.m., sentencing was delayed for about an hour and a half Thursday by a conference between the judge and defendants’ attorneys. Official sources did not indicate the content of the deliberations. When the sentencing proceedings began, Stark’s attorney requested time for Stark to confer with his family. After a similar request from Doolin, Judge Robinson recessed the court for five minutes to allow the men to confer with their families. After the proceedings reconvened, Stark’s attorney referred to an affidavit from a former teacher describing Stark’s ability and potential for educational development. The attorney then requested that Stark be sentenced under the Youth Corrections act. In his comments on the sentencing, Judge Robinson said the case “is not an easy one to try” and noted information about the defendants’ educational background presented in a pre-sentencing report prepared by a probation officer.

“As I approach my duty this morning I don’t have the same thoughts as I did when I agreed to undertake to try this case,” he commented. “At first blush when I looked at the file, I thought of cold-blooded murder, but I am convinced now that that was not the case.” He described the marshal’s death as an unfortunate chain of circumstances resulting in loss of life. “I am convinced in this case that no one had the intention to murder anyone. The death of the deputy U.S. marshal occurred as a result of a combination of circumstances,” Judge Robinson said. Instead of confinement in a federal prison, the Youth Corrections Act sends persons to federal correctional centers for vocational and academic training.

TEARFUL DENISE MORGAN RECEIVES TEN YEARS FOR MCKINNEY SLAYING

Cedar Rapids Gazette—Aug 2, 1973

A tearful Denise E. Morgan, 18… was sentenced to ten years in prison Wednesday after she changed her plea to guilty of second degree murder in the slaying of U.S. Marshal Dick McKinney…  Her family cried as Judge Richard Robinson of Omaha lectured Miss Morgan for ten minutes, then pronounced sentence. When first arraigned last September, she pled innocent…

Judge Robinson was motionless in questioning Miss Morgan about her guilty plea. He said the essential elements to guilt were the killing of the marshal while he was on duty with malice aforethought. The judge  noted he could pass sentence up to life in prison under one section of the federal code. Instead, he chose to sentence Miss Morgan under the federal youth corrections act. She will be eligible for discharge at the discretion of the federal bureau of corrections. Doolin received a similar ten-year sentence, and Love and Stark each received six-year terms. One person accused in the murder is still at large.

“It is a horrible tragedy this thing had to happen,” Judge Robinson addressed Miss Morgan. “And I’m not unaware that since that time you have also been involved in other charges… Here you are, a fine looking woman, at 18, the threshold of life. There is nothing we can do to bring back a man’s  life,” said the judge. “Certainly, if you don’t change your habits, you can expect to spend the rest of your life in some kind of institution. Your parents are hard-working, and this hurts them,” Judge Robinson continued. “But what is past is past. You can do something about tomorrow, and on that basis, I’m giving you the benefit of the doubt and imposing sentence under the youth corrections act. I hope time will prove I’m right in giving you this opportunity. You hold the key,” he told Miss Morgan.

FUGITIVE HUNTED

Waterloo Courier—Jan 21, 1976

Iowa lawmen have been alerted to be on the lookout for a man who has been at large since he was charged with the murder of a U.S. marshal at Cedar Rapids in 1972. The wanted man, identified as Harry Reese, 27, is “believed to be somewhere in Iowa,” the FBI office in Omaha said in a bulletin broadcast to Iowa authorities. Edward Krupinsky, special FBI agent in charge of the Iowa-Nebraska district, said Reese, a native of Jackson, Miss., is charged in a federal warrant issued Sept. 8, 1972, with the killing of Deputy U.S. Marshal Dick McKinney. McKinney, 46, was fatally shot July 20, 1972, during a robbery assault on Cedar Rapids’ southeast side.

Fred Emmerson Goodhue

OBITUARIES

Cedar Rapids Gazette—Feb 24, 1975

Fred Emmerson Goodhue, 59, of 31 Thirty-second street NW, a lifelong Cedar Rapids resident, died Sunday following a long illness. Born Oct 11, 1915, he was married to Earlene Warren Oct 21, 1939, in Kansas City, Mo. Mr. Goodhue had been owner and operator of Merchants police for 35 years and a member of Mispah Lodge and Iowa consistory. Surviving in addition to his wife is a daughter, Mrs. Enid Ethridge, Tonawanda, N.Y…. The family suggests that friends may, if they wish, contribute to the American Cancer Society.

Anthony Tschirgi

DEATHS

The Cedar Rapids Gazette—Feb 15, 1981

Anthony A. Tschirgi Jr., 61, of Winterpark, Fla., a former Cedar Rapids resident, died Friday at a Winterpark hospital following a long illness. He was born on Jan. 12, 1920, in Cedar Rapids and was associated with Russell Guides Co. in Cedar Rapids. He was a past member of Grace Episcopal Church and a member of American Legion Hanford Post 5. He served in the Air Force during World War II. Survivors include two sons, Alan and Mark, and one daughter, Nanette, all of Orlando, Fla., one grandson and one sister, Mrs. Ruth T. Berry of Cedar Rapids. Services: 2 p.m. Monday at Turner Chapel East with the Rev. Paul E. Trauemer of Grace Episcopal Church officiating. Entombment: Cedar Memorial Mausoleum. American Legion services by Hanford Post 5. Friends may call at Turner’s East after 1 p.m. Today. Memorials may be made to the charity of their choice or to the American Legion Hanford Post Memorial Fund. The casket will be closed prior to the service.

 

Rhonda Weatherwax

QUESTIONS POSED IN WEATHERWAX DEATH

Cedar Rapids Gazette—Mar 17, 1975

Rhonda Weatherwax, whose mysterious death was reported in Sunday’s Gazette, was embalmed illegally. However, had Dr. Joseph Galles, assistant county medical examiner, asked for blood to be drawn for study when he ordered the autopsy, as has been the practice in Linn county, Iowa, law would not have been broken. The error may have destroyed any hopes Dr. Galles had of proving his belief, a belief shared by Miss Weatherwax’ family, that she was murdered.

The 1973 Code of Iowa stipulates nine instances of death which must be investigated by the county or state medical examiner. Number five in that list reads, “Deaths that have occurred unexpectedly, or from unexplained causes.” The list is contained in section 339.6 of the code under “Deaths affected with public interest.” A section entitled “When unlawful to embalm” (339.13) states in part:

“It shall be unlawful to embalm a body when the embalmer has any reason to believe death occurred in a manner specified in section 339.6, or when there is evidence sufficient to arouse suspicion of crime in connection with the cause of death of the deceased, or where it is the duty of the medical examiner to view the body and investigate the death of the deceased person, until permission of a county medical examiner has been obtained.”

The embalmer in this case did not have reason to believe there was anything unusual about the case because of a routine Linn county practice, a practice of embalming bodies marked for autopsy, unless otherwise ordered by the medical examiner. The embalming was done where the death was suspicious, according to Dr. Galles. The body was marked for autopsy and placed in the Mercy hospital morgue. Dr. Galles said he gave no permission to embalm.

Rhonda Weatherwax died March 2 in the detoxification center at Mercy hospital, where she had been voluntarily admitted for treatment of heroin addiction on Feb. 27.

Dr. Galles, in addition to acting as county medical examiner because Linn Medical Examiner Dr. Percy Harris was on vacation, also was Miss Weatherwax’ attending physician at the time of her death. Dr. James Stiles, the Weatherwax family physician, turned the case over to Galles because he (Stiles) was going to be out of town for the weekend. Dr. Galles said he learned March 2 while waiting for autopsy results that the body had been embalmed.

The Gazette reported Sunday that the incident was not the first time a body had been embalmed when death was under suspicious circumstances in Cedar Rapids. Public officials have complained both openly and privately of the problems such an occurrence places on the investigation of suspicious deaths. Dr. Galles said he wants a stop put to the practice of embalming without first checking with a hospital pathologist. He also thinks hospital morgue keys should be taken away from morticians.

Galles is not alone in his suspicion of foul play. Don Weatherwax, 2404 C avenue NE, the young woman’s father, acknowledged that he too thought the circumstances of the death were strange. “It’s really hard to say, but I definitely feel that either the hospital gave her too much medication or somebody else did. There is no way she would have committed suicide. When she went into the hospital all of her plans were for the future—to get her life straightened out. Dr. Galles indicated to me right from the start that it was his belief she was murdered.”

Mona Weatherwax, the 19-year-old sister of the dead woman, characterized her sister as warm and generous, “the type of person people really liked when they met her. I don’t think Rhonda would have used any junk (heroin) while she was n the hospital because she was getting methadone and it gave her the same feeling as junk.

“She did not commit suicide. She tried it once in 1974. She ate a bottle of ‘reds’ (barbiturates). But she changed her mind and told someone, who took her to the hospital. She said that she was glad that her life had been saved,” Mona said.

Her father said he felt a possible motive for someone killing his daughter, was fear by other drug users and addicts that his daughter (Rhonda) knew too much about who sells drugs and would tell the police.

The parents made the arrangements for funeral services in Cedar Ralls. They told the Cedar Falls News newspaper that she died of complications of pneumonia. The Gazette reported Sunday that although blood work was not done during the autopsy because of a morgue-mortician routine unfamiliar to Dr. Galles, no anatomical cause of death was found. The parents said, in talking with their daughter while she was in the hospital, they got the impression she was being treated for pneumonia. Doctors and hospital personnel who were involved with the case said she showed no signs of pneumonia and hospital officials said records indicate she was not being treated for the illness.

The Gazette, in its investigation to the woman’s death, learned that morticians, who have keys to hospital morgues, routinely embalm bodies at the hospital. This is the case, even if the body is marked for autopsy, The Gazette learned, and most autopsies are performed after embalming. For blood work to be done as a part of an autopsy, the body must be so marked. This was the routine Dr. Galles was unfamiliar with and lashed out at strongly.

The case is unusual because, had Miss Weatherwax died outside of the hospital, or been brought in for emergency treatment of an overdose of drugs, police would have immediately have been involved in the case. In this case, the police were first notified of the death, not by a hospital or a doctor, but by a friend of Miss Weatherwax. By that time the young woman’s body already had been transported out of the city.

Galles said he cancelled the autopsy which was to be performed locally because he thought the type of foul play suspected, drug overdose, could not be discovered without blood tests.

An autopsy was performed at police request in Waterloo by a pathologist, Dr. Richard McClure. Verbal findings of the autopsy were reported last Thursday from Dr. McClure’s office to Linn Medical Examiner, Dr. Percy Harris. Dr. Harris said the death is still under investgation by his office and he and Dr. Galles are awaiting arrival of a written autopsy report. It appears that further investigation of the matter by police hinges on how the death certificate is signed by Dr. Galles, once that report is received.

Dectective Capt. William Byrne, as reported Sunday, said “we are investigating the death as a natural death until we can prove some crime has been committed. If the medical examiner makes the determination that it was not natural causes, then we swing into full investigation,” he said.

The case is also noteworthy because of the conflicting reports between hospital personnel and some of the dead woman’s friends interviewed by The Gazette. Hospital Administrator Sister Mary Lawrence said telephone use and visitor policies at the center are very strict. Sister Judith, under whose charge the detoxification center falls, said access to telephones in the center is by permission only and for the most part discouraged. When asked, she said it was never reported to her that Miss Weatherwax either asked to or did use a telephone before her death. Other sources who work closely with the center, or have occasion to observe its observation, disagreed with the hospital’s statement on the use of telephones, saying telephones were easily accessible and frequently used.

There was no dispute of the visitor policy though. Visitors are carefully screened and each visitor must be supervised, that is, a staff member is in the presence of the visitor and patient at all times. Terry Stolba… who was one of the last persons to see Miss Weatherwax, gave the following account:  “Rhonda called me at 9 a.m. Friday and said she was in the Mercy detox center. She wanted me to take some clothes up to her. So I got some things together and took them up to her at about 11:30 a.m. She was fine, but depressed. She was dressed in street clothes. While I was there, she ate the first full meal since she had been in the hospital,” Miss Stolba said. “She had been given a dose of methadone (a drug commonly used in the treatment of heroin addiction). It affected her the way it always did when she was taking methadone. It made her itch and kept her awake.” Miss Stolba said the clothes she brought to the hospital were thoroughly searched for pills and drugs.

After Miss Stolba left, she said she again received a telephone call from Miss Weatherwax, this one at 7 p.m. I tried calling her twice on Saturday, and Mona, Rhonda’s sister, tried once, but she never called us back. It’s frustrating that we don’t know  how she was on Saturday,” Miss Stolba said.

Blanche Hoosman Jackson

TWO PAROLED ON CONSPIRACY TO DEFRAUD CHARGE

Waterloo Daily Courier—Apr 20, 1972

Two Waterloo women pleaded guilty to conspiracy counts in Black Hawk County District Court Thursday and were given three-year suspended sentences at Rockwell City by Judge George C. Heath. Both Marie Spates, 20… and Blanche Jackson, 19… were originally accused of forgery but pleaded guilty to the amended charges. Miss Spates was accused of forging a sales agreement with the Jenney Co. for the purchase of a $315 stereo system last Sept. 2. Miss Jackson was charged with attempting to pass a $775 check through the use of a forged Social Security card on Jan. 24. Both women were paroled to the Bureau of Adult Corrections for an indeterminate period.

THREE CASES POSTPONED IN CEDAR FALLS

Waterloo Daily Courier—May 9, 1972

…Blanche Elizabeth Jackson… was charged with shoplifting items valued at over $20 on May 5 at Black’s. She was released to appear.

ACCUSED FORGER RELEASED BY JUDGE WOOD

Waterloo Daily Courier—May 26, 1972

A woman charged with forgery in connection with a $265 state comtroller’s check that was stolen and cashed has been released on her own recognizance. Blanche Elizabeth Jackson… was released by Judge Blair Wood pending future arraignment. She is charged along with Michael Hoosman… who has pleaded innocent to the forgery charge. Hoosman’s trial is set for Aug. 7.

TWO ACCUSED OF THREATENING CASE WITNESS

Waterloo Daily Courier—Jun 15, 1972

Police Thursday completed the arrest of two Waterloo residents and charged them with impeding the due administration of justice. Arrested were Michael Patrick Hoosman… and Blanche Elizabeth Jackson… The two are accused of making threats to a witness who was scheduled to testify against them in District Court in a recent forgery case. Bond was set for both at $1,000 on the latest charge.

C.R. GIRL DIES IN SHOOTING ON WATERLOO STREET

Cedar Rapids Gazette—Aug 28, 1972

An 18-year-old Cedar Rapids girl died in a Waterloo hospital early Sunday of a gunshot wound in the upper chest. Waterloo Detective said Doris Adelle Morgan, 18, of 712 Ninth street SE, died from a wound from what is believed to be a .38 bullet. The shooting occurred in a car in the 1000 block of East Fourth street in Waterloo, detectives said. They declined to give further details.

Dennis Hodges, 20, Waterloo, was charged in connection with the incident. He posted the $1,000 bond on a charge of carrying a concealed weapon and was released. Detectives said their investigation into the case was continuing.

Miss Morgan was a lifelong resident of Cedar Rapids. Born Jan. 24, 1954, she was a member of Mt. Zion Baptist Church. Surviving are her parents, Mr. and Mrs. George H. Morgan, four sisters, Debra, Denise, Dorothea and Darnita Jo, all at home, two brothers, Dennis J. and Daniel J. Morgan, both at home; a foster sister, Blanche Jackson, Waterloo, her grandparents, Mr. and Mrs. William Cannon, Cedar Rapids, her great-grandparents, Mr. and Mrs. Milo Sebicky, Cedar Rapids, and Henry Browning, Camden, Ark….

WOMAN INMATE’S PAROLE REVOKED

Waterloo Daily Courier—Sept 29, 1972

District Court Judge Peter Van Metre Thursday revoked the parole of a 20-year-old woman who already is serving a sentence of not more than 10 years at the women’s reformatory in Rockwell City. Blanche Jackson… had been given a suspended three-year sentence April 20 on a charge of conspiracy. The woman pleaded guilty Sept. 8 to forgery and was subsequently sentenced to serve 10 years at the women’s reformatory. Thursday, Judge Van Metre revoked her parole on the conspiracy charge but ruled that the three-year sentence can be served concurrently with her 10 year sentence.

HOOSMAN SENTENCED TO 5 YEARS

Waterloo Daily Courier—Mar 12, 1973

Michael Hoosman, 21… was sentenced to serve five years in the State Men’s Reformatory in Anamosa Monday after pleading guilty to concealing an inmate after escape. Other charges pending against Hoosman in District Court, including forgery, sale of heroin, and threatening a witness, were dismissed by Judge Peter Van Metre.

Hoosman is currently on a three-year parole to federal authorities resulting from a May, 1971, guilty plea to a charge of conspiracy to pass counterfeit money. Judge Van Metre ordered Hoosman turned over to federal authorities at this time for a determination of whether this parole should be revoked. He ordered Hoosman to serve the five-year sentence at the conclusion of whatever sentence is imposed in federal courts.

The concealing of an inmate charge resulted from his arrest Friday by Waterloo police. He was charged with concealing Blanche Hoosman… and Susan Kaiser… who had escaped from the Women’s Reformatory in Rockwell City on Feb. 26.

WATERLOO POLICE LOG

Waterloo Daily Courier—Jan 4, 1974

Arrested on a complaint of shoplifting was Mrs. Blanche Hoosman Jackson… She is accused of attempting to obtain a refund on a television that had allegedly been stolen from the K-Mart department store… last month. She was held Friday in the city jail under $1,000 bond. Two others have also been arrested in connection with the incident.

TWO PEOPLE PLEAD GUILTY IN SHOPLIFTING

Waterloo Daily Courier—Feb 4, 1974

A man and woman from Waterloo pleaded guilty in district court Monday to shoplifting charges stemming from similar incidents. The pleas were entered by Blanche Jackson Hoosman, 21… and Ray Kelly, also known as Roy Kelley, 18…  Both were charged in connection with thefts Nov. 12 from K-Mart Discount Store…  According to court records Kelly stole an electric broiler and later returned it for a refund. Police said Blanche Hoosman took a portable TV, but was apprehended after she tried to return it. Sentencing for both defendants will be at a later date.

ACCUSED WOMAN GIVEN 5-YEAR SUSPENDED TERM

Waterloo Daily Courier—Nov 8, 1974

A Waterloo woman accused of stealing a portable television set last year received a five-year suspended sentence to the Women’s Reformatory at Rockwell City. Blanche Jackson Hoosman… was given the sentence after she pleaded guilty to a charge of shoplifting Feb. 4. She has been placed on probation to the Department of Court Services in an order filed by District Judge Forest Eastman…

Dale Lezlee Peyton

HEARINGS SEPT. 22 ON CREDIT CARD COUNT

Cedar Rapids Gazette—Sept 2, 1971

Dale Peyton, 19, of 523 Ninth avenue SE, and Jess Graham, jr., 31… appeared in municipal court Thursday and demanded preliminary hearings on charges of false use of credit card. Their hearings are set for Sept. 22 at 3 p.m. Both are charged with using a credit card without the owner’s permission on Aug. 7.

C.R. WOMAN ARRESTED ON NARCOTICS CHARGE

Cedar Rapids Gazette—Apr 21, 1972

Dale Peyton Smith, 20, of 818 Tenth street SE, was being held Friday on a charge of violation of the controlled substance act. She was arrested after metro narcotics officers executed a search warrant on her residence and confiscated substances believed to be marijuana and speed. She was being held in Linn county jail pending arraignment.

C.R. MAN FACES ASSAULT CHARGE AFTER SHOOTING

Cedar Rapids Gazette—May 7, 1973

A Cedar Rapids man was arrested early Monday on a charge of assault with intent to commit murder. Wallace Madden, 24, of 1036 1/2 Eleventh avenue SE, was charged in connection with a shooting early Monday behind the Merlisa Tap, 862 Fifth avenue SE. Injured in the shooting was Dale Peyton Smith, 21… She was treated at St. Luke’s hospital for powder burns on the side of her face and released. Police received a call at 12:15 a.m. from a neighbor who heard a shot and saw a woman lying in the lot behind the tavern. Mrs. Smith told officers that when she went out to get in her car, parked in the lot, another car with several persons in it was waiting nearby. After an argument between Mrs. Smith and Madden, who was sitting in the other car, Madden allegedly shot at her with a handgun, authorities said. After the near miss, she fell to the ground, and the car sped off, officers reported. Madden was arrested later Monday morning in a house in Vinton. Occupant of the house, Cheryl Havens, reportedly told officials she did not know Madden and that he had ridden to Vinton with her brother. Benton county and Linn county deputies surrounded the Havens house early Monday. After several persons living at the house reportedly reached safety through a window, the Benton county sheriff and a Linn deputy went inside and arrested Madden. Officials reported he offered no resistance. Madden was being held in Linn county jail Monday morning in lieu of $25,000 bond.

NOTICE OF APPOINTMENT OF ADMINISTRATOR AND NOTICE TO CREDITORS

Cedar Rapids Gazette—Jan 1, 1974

Probate No. P534-1273

In the District Court of the State of Iowa in and for Linn County

In the matter of the estate of DALE LEZLEE SMITH, Deceased.

To all persons interested in the estate of Dale Lezlee Smith, Deceased:  You are hereby notified that on the 11th day of December 1973, the undersigned was appointed administer of said estate. Notice is hereby given that all persons indebted to said estate are requested to make immediate payment in the undersigned, and creditors having claims against said estate shall file them with the clerk of the above named district court, as provided by law, duly authenticated for allowance, and unless so filed six months from the second publication of this notice unless otherwise allowed or paid, such claims shall thereafter be forever barred.

Dated this 11th day of December, 1973.

Dale C. Peyton, Administrator of said Estate, Cedar Rapids, Iowa

Wm. G. Faches, Attorney for said Administrator, Cedar Rapids, Iowa

Roy Harris

ROY HARRIS, 21, ADMITS ROBBERY

Cedar Rapids Gazette—Jan 28, 1972

Roy Harris… Friday pled guilty to robbing the Sheronick Grocery… last July 5… Sentencing of Harris, who is being held on a total of $2,000 bond, was set for Feb. 24. Harris had originally been charged with robbery with aggravation. Authorities said charges of assault with intent to do great bodily harm and false uttering of a check are pending.

MARRIAGES DISSOLVED

Cedar Rapids Gazette—Feb 9, 1972

… Brenda J. and Roy A. Harris…

HARRIS SENT TO REFORMATORY ON ROBBERY CHARGE

Cedar Rapids Gazette—Feb 25, 1972

Roy Harris has been ordered to serve a term of up to ten years in the reformatory at Anamosa on his guilty plea to a charge of robbery. Linn district Judge Harold Vietor said that while he believes Harris has excellent potential, he would  not be properly performing his duty to “all of us” if he granted probation. He said he will write to the parole board that he has no objection to having the board parole the 21-year-old Cedar Rapids man at the earliest time the board feels a parole is in order.

The judge said he had in mind the defendant’s quickness of temper and the fact that the incident Harris had admitted being involved in was technically robbery with aggravation. That crime calls for a 25-year sentence. The incident involved the robbery of Aleck Sheronick at his former Cedar Rapids grocery store. Another man, who was convicted by a jury as the man who beat Sheronick with a gun during the robbery, received a 25-year sentence. Sheronick reportedly had been required to discontinue operation of his store because of injuries he suffered in the beating.

Harris testified at his sentencing that he was not involved in the planning of the robbery; was given a ride by the robber, a friend of his; went into the store, but ran away as soon as the robbery began. He said he received no proceeds from the robbery.

He was in a daze at the time because he had injected a dose of heroin no more than half an hour before the robbery, he said. After treatment at a hospital and two state institutions, he is no longer addicted, he said.

The state contended that because of the violence of the crime and because of several incidents of anti-social behavior beginning as early as age 16, he should be imprisoned  until the parole board finds him capable of living in society.

CHECK COUNT AGAINST ROY HARRIS DISMISSED

Cedar Rapids Gazette—Jan 15, 1973

A charge of uttering a forged instrument against Roy Harris… was dismissed Thursday in municipal court. He was charged with uttering a check for $140 made out to Isaiah Martin on the account of John Randall, on March 9, 1970.

COOK ARRESTED ON ASSAULT, GUN COUNTS

Cedar Rapids Gazette—Feb 9, 1973

Charles E. Cook, 28… was being held in the city jail in lieu of $2,610 bond Friday on charges of assault with intent to inflict great bodily injury and pointing a gun at another. Police said Cook allegedly pointed a gun at Roy Harris Thursday night. He also was accused of assaulting Rosetta Johnson Thursday.

GUN CHARGE AGAINST CHARLES COOK DROPPED

Cedar Rapids Gazette—May 21, 1973

A charge of pointing a gun at another against Charles Cook… has been dismissed in municipal court on a defense motion…

FORGERY AND ROBBERY CASES TO GRAND JURY

Cedar Rapids Gazette—Jun 28, 1973

Two men have appeared in municipal court and have been bound over to the grand jury. Roy Harris… waived a preliminary hearing Wednesday and was bound over on a charge of forgery. He is accused of forging a payroll check for $261.78, made out to F. J. Nicklas, on March 23. James Browning, 1017 Nineteenth street SE, was bound over on a charge of robbery with aggravation. He is charged with robbing Vicky Lyon of $75 on May 22.

CREDIT CARD, CHECK COUNTS FILED AGAINST TWO

Cedar Rapids Gazette—Apr 15, 1975

A man and a woman were arrested and charged Tuesday in connection with use of a stolen credit card. Roy A. Harris, 24… and Norma Jean Arrington, 21… were arrested after Harris allegedly tried to cash a stolen check at the Merchants National bank, 3400 Mt. Vernon road SE. Harris was arrested in a nearby grocery store. Miss Arrington was arrested later at her residence.

Police charged Harris with false use of a credit card for allegedly attempting to purchase $303 worth of clothing April 12 at Holley’s men’s store, Lindale Plaza, with a stolen credit card taken from a woman earlier the same day at Killian’s, Lindale Plaza. Miss Arrington allegedly forged the name of the cardholder for the attempted purchase. Police charged Miss Arrington with larceny of the credit card, uttering a forged instrument and forgery for allegedly using the credit card. The pair were not charged in connection with attempting to pass the stolen check at the bank.

Harris, an inmate of the halfway house, was being held without bond on a charge of parole violation. Bond on the charge of false use of the credit card was set at $5,000. Miss Arrington was being held in the county jail in lieu of $2,125 bond.

CHARGES DISMISSED

Cedar Rapids Gazette—Sept 15, 1975

An escape charge against Roy Harris of Cedar Rapids was dismissed in Linn district court Monday because, officials said, he was accused under the wrong section of the Iowa code. An assistant attorney said Harris, who was accused of failing to return to a Cedar Rapids halfway house June 26, will be charged under the correct escape section either in Linn or Jones county district court. Harris had been released to the halfway house from the men’s reformatory in Anamosa.

Willie Love

MAN ARRESTED ON CHARGE OF ASSAULT

Cedar Rapids Gazette—Oct 31, 1973

Willie Love, 28, of 523 Seventh street SE, was arrested Tuesday on an assault and battery charge. He was arrested on a warrant charging him with an Oct. 18 assault on Rosetta Harris.

…SENTENCED ON CHARGES OF ASSAULT…

Cedar Rapids Gazette—Dec 11, 1973

Willie Love… pled guilty and was given a 20-day suspended jail sentence. He was charged with assaulting Rosetta Harris…

LINN GRAND JURY GETS … ROBBERY CASE

Cedar Rapids Gazette—Aug 29, 1974

Willie Love… was bound over Tuesday on a charge of robbery with aggravation. He is charged with robbing Steve Linsey on June 22.

ARREST LEADS TO 2 OTHERS

Cedar Rapids Gazette—June 12, 1977

Sheryl L. Sawyer, 19, of 1220 Third avenue SE, was arrested on a warrant charging her with resisting (contempt) at 9:15 p.m. Friday. Willie Love, 33, no address listed, was arrested on a charge of resisting execution of process when he allegedly interfered with the arrest of Sawyer. And Lois Clark, 28, Fort Dodge, was arrested on a charge of assault and battery when she allegedly struck one of the officers attempting to arrest Love.

Isaiah Martin

CEDAR RAPIDS MAN CHARGED WITH MURDER

Cedar Rapids Gazette—Oct 29, 1973

Cedar Rapids police have arrested Isaiah Martin… in connection with a fatal shooting Sunday night at a party in a Cedar Rapids home. Martin was held Monday in the Linn County jail in lieu of $50,000 on an open charge of murder. Authorities said a man entered the recreation area of the home, fired a shot into the ceiling, and then fired at James Haynes, 46, Cedar Rapids, and at Lannie Waller, 23, at whose house the shooting took place. Haynes was pronounced dead at the scene. Waller was treated at a Cedar Rapids hospital for superficial wounds and released.

HEARING SET FOR MARTIN

Cedar Rapids Gazette—Nov 6, 1973

Isaiah Martin Monday demanded a preliminary hearing on a murder charge. The hearing has been set for November 13 at 8:30 a.m. The 31-year-old Cedar Rapids man is accused in the shooting death of James Haynes… Martin was returned to the county jail Monday in lieu of $10,000 bond. The bond was reduced from $50,000 Friday after a hearing before District Associate Judge Lynne Brady. She refused a plea to release him without bond to the community court services, but said the issue could be properly raised again after the preliminary hearing.

ISAIAH MARTIN INDICTED; BOND RAISED TO $50,000

Cedar Rapids Gazette—Nov 15, 1973

Isaiah Martin continues to be held for trial on a murder charge as a result of an indictment returned by the Linn grand jury Wednesday… The state sought the increase saying the evidence at the hearing, including testimony about a series of shots being involved, warranted a higher bond.

MARTIN IS DENIED COURT-FINANCED MENTAL EXAM

Cedar Rapids Gazette—Nov 21, 1973

Judge Robert Osmundson Tuesday refused to allow Isaiah Martin to receive a psychiatric examination at state expense in a case in which the 31-year-old Cedar Rapids man is accused of murder. The judge also set trial in the case for Jan 21 after Martin pleaded innocent… His attorneys sought the psychiatric examination, saying they believed it should be determined whether Martin is able to assist them in the preparation of the defense, whether he is competent to stand trial and what his mental condition was at the time of the alleged murder. They said he has had mental problems, has received care from a psychiatrist and has been in the mental ward of the local hospital. The judge overruled the application after asking Martin several questions about the case and receiving answers from the defendant.

ATTORNEYS FOR MARTIN CONTINUE TO SEEK TEST

Cedar Rapids Gazette—Dec 1, 1973

Attorneys for Isaiah Martin have filed a list of additional grounds for seeking a psychiatric examination in a case in which the 31-year-old Cedar Rapids man is accused of murder… In the listing of additional grounds they say they believe he may have a mental condition that affects his ability to deliberate, premeditate and act willfully (which are elements of first-degree murder). They also say there are reasonable grounds to believe Martin may have been operating under mental conditions that may have made statements to police involuntary because of lack of appreciation of the importance of his acts and statement when he was interrogated by police early Oct. 29… The motion said Martin is unable to afford a psychiatrist and facilities at the jail are inadequate for a psychiatric examination.

In the application for reduction of bond the attorneys cited reasons given in the case earlier, upon which an associate judge reduced bond to $10,000 during pre-indictment stages. The application asked that Martin be released on his own recognizance or one of these alternatives—release to the community court services with travel restrictions, reduced bond with privilege of posting ten percent, allowing Martin to return to the jail at 7 p.m. each day. Reasons for reducing the bond were that the defendant has gainful employment, is married and has four children—ages 11, 9, 7 and 5— and has lived in Cedar Rapids since 1965 when he was discharged from the Air Force after serving for four years. The application said he has never been convicted of a felony or indictable misdemeanor.

IOWA PRISONERS AGREE; ‘RICH PEOPLE NEVER GO TO PRISON’

Ames Daily Tribune—Sept 11, 1974

FORT MADISON, Iowa (UPI)—”Rich people never go to prison.” That statement comes from Jerry Teterud, an inmate at the state Penitentiary here, as he was reacting to President Ford’s pardon of former president Richard Nixon. Teterud’s feeling is shared by most other prisoners here, according to a random opinion survey taken in the prison yard and in a cellhouse. There is bitterness about Ford’s decision, frequent expressions that the decision was arranged before Nixon resigned and a general agreement that Nixon should have gone to court.

“It makes my jaws tight,” said inmate Jim Galloway. “A lot of guys in here would like to get their time out. The politicians get away with that (expletive deleted).”

Isaiah Martin pointed out that a number of inmates were serving 25 years for robbery and took only “a couple of dollars. This man took millions and they turn him loose.”

YOUNGSTERS’ VIEWS

Cedar Rapids Gazette—Nov 6, 1976

Why couldn’t we go on a tour of The Cedar Rapids Gazette?  That’s not fair. My teacher tried to set up a tour of The Gazette. You only can take seventh graders on up. We wanted to see the whole place. I wanted to see how they print the words on the papers.

Isaiah Martin, 1108 Sixth street SE

SHOOTING

The Olwein Daily Register—June 19, 1978

DES MOINES (AP)—Isaiah Martin, 35, Des Moines, died late Saturday after being shot twice in the head outside a Des Moines tavern. Police said witnesses observed the victim and another man arguing and fighting at the tavern. The man returned to the tavern later and shot Martin. Authorities were investigating Sunday.

Corky Jordan

BUILDING PERMITS IN CEDAR RAPIDS

Cedar Rapids Gazette—Jan 6, 1974

… Cornelia Jordan, remodel, 717 9th ave. SE, $900…

OBITUARIES

Cedar Rapids Gazette—Sept 23, 1975

Cornelia Ann Jordan, 36, of 717 Ninth avenue SE, widow of Earnest Jordan, died Monday in a Cedar Rapids hospital following a brief illness. Born July 18, 1939, at Scranton, Mrs. Jordan was a member of Bethel AME church. Surviving are a son, Earnest, jr., at home, her mother, Okla Ellsworth, and a sister, Mrs. Don Hubby, both of Boone, and a brother, Claude Ellsworth, Waverly. Services: Turner chapel east at 10:30 a.m. Thursday. Burial: Oak Hill. Friends may call at Turner east until 10 a.m. Thursday. The casket will not be opened after the service.

Corby and Rachel Lea Powell

FORGERY CHARGE

Cedar Rapids Gazette—Feb 17, 1973

Corby D. Powell, 18… was arrested by police Friday afternoon on a forgery warrant from Iowa City. She was released on signing a promise to appear in court.

…SENTENCED AFTER GUILTY PLEA IN DISTRICT COURT

Cedar Rapids Gazette—Apr 17, 1973

Corby Powell received a suspended sentence of ten years in the reformatory at Rockwell City on a charge of uttering a forged instrument. Judge Chapman placed the 18-year-old Cedar Rapids woman on probation. One of the conditions of probation is that she make restitution on the $68 check passed at a Cedar Rapids supermarket last Dec 27. The defendant was prosecuted under the uttering count of the information rather than a forgery count. Both counts were brought in connection with the same check.

10-YEAR TERM METED OUT IN FORGERY

Cedar Rapids Gazette—Jun 22, 1973

A 10-year sentence to the state reformatory at Rockwell City was ordered Friday in district court for a Cedar Rapids woman who pleaded guilty to a forgery charge. The sentence was handed down by Judge Peter Van Metre for Corby Dea Powell, a Waterloo native. She was accused of issuing a $63 check last Dec 7 to a Musicland at the Crossroads Shopping Center. Authorities said the check was signed with the name Dianne E. Brockway. Miss Powell has been on parole to the Iowa Bureau of Corrections under a sentence for 10 years imposed April 12 in Linn County District Court for forgery.

SUSPENDED TERM TO C.R. WOMAN

Cedar Rapids Gazette—Jul 13, 1973

Theola Montgomery… pled guilty Wednesday in magistrate’s court to an amended charge of gross frauds and cheats. She was given a six-month suspended jail sentence. She was charged with forgery after allegedly uttering a check for $38.81 on the account of Corby Powell to Baker shoe store on March 3.

WOMAN SENTENCED ON REDUCED COUNT

Cedar Rapids Gazette—Jul 25, 1973

Rachel Lea Powell, 20, who gave a southeast Cedar Rapids address at the time of arrest, was given a five-year suspended sentence in Linn District court Tuesday on a reduced charge of larceny. She was originally charged with robbery with aggravation in connection with the April 29 robbery of $80 and a watch from a Cedar Rapids man. She pled guilty Tuesday to the reduced charge and was sentenced to the women’s reformatory at Rockwell City by Judge Robert Osmundson and then placed on probation to the community court services.

WOMAN ORDERED TO SERVE TERM

Cedar Rapids Gazette—Sept 26, 1974

Rachel L. Powell has been ordered to begin serving a term of up to five years in the reformatory at Rockwell City on a sentence suspended when it was imposed July 24, 1973. The sentence was imposed on the 21-year-old Cedar Rapids woman on her guilty plea in Linn district court to a reduced charge of grand larceny. Originally she had been charged with robbery with aggravation. Application to revoke her probation was made after she was charged with two counts of larceny in Fayette county. She is accused in participating in the theft of some $20,000 worth of jewelry from a store in St. Lucas and of some guns from a shop in West Union on Aug. 31. District Judge William Eads revoked the probation Wednesday, noting that the defendant did not resist the action.

DRIVER’S LICENSE VIOLATION

Cedar Rapids Gazette—Oct 11, 1974

Corby Powell, 1053 Fifth Avenue SE… fined $15 and costs.

WOMAN JAILED TO GET TREATMENT GETS RELEASE

Waterloo Courier—Feb 22, 1975

A Cedar Rapids woman originally given a 10-year reformatory sentence last June in district court so that she could receive medical treatment, had that sentence suspended Friday. Judge Peter Van Metre in a post-conviction hearing suspended the sentence of Corby D. Powell, 19, on a forgery charge and placed her on probation to the Bureau of Adult Correction. Judge Van Metre had sentenced Miss Powell, then 18, to 10 years at the Women’s Reformatory at Rockwell City last June 22 so that she could receive medical treatment for a kidney infection. She was also six months pregnant at the time, and the infection was causing complications for her pregnancy.

“Normally, since this was the first charge against her, I would have given her a suspended sentence last June,” Judge Van Metre said. “But it was recommended that she receive the reformatory sentence so she could get medical assistance. She was in pretty bad shape at the time.” Judge Van Metre said that Miss Powell was… delivered of a baby in October. The daughter is at present staying with a foster family in Cedar Rapids.

However, Miss Powell’s counselor at the reformatory recently wrote Judge Van Metre and requested that her sentence be suspended because she has recovered from her sickness and had given no problems at the reformatory. The counselor said that Miss Powell had told him that he wanted to regain custody of her daughter and work in Cedar Rapids.

Miss Powell had pleaded guilty to a charge of forging a check for $63.76 at a music shop at the Crossroad’s Shopping Center on Dec. 7, 1972.

HOLD ESCAPEES PENDING TRANSFER

Cedar Rapids Gazette—May 19, 1975

FORT DODGE (UPI)—Three inmates who escaped from the Iowa women’s reformatory at Rockwell City were being held in the city jail here Monday, pending transfer back to the reformatory. The three, who escaped Sunday night, were spotted in an alley here early Monday. Police said they offered no resistance when apprehended. Officers identified the women as Jayvonese Knox… serving time for second-degree murder… Marilyn Blackcloud… and Rachel Powell… both from the Cedar Rapids area and both serving sentences for forgery. The three turned up missing during a roll call at the minimum security facility Sunday night.

MARRIAGE LICENSES

Cedar Rapids Gazette—Oct 4, 1977

… Redell Canada Jr. and Rachel L. Powell…

Rosetta Harris

COOK ARRESTED ON ASSAULT, GUN COUNTS

Cedar Rapids Gazette—Feb 9, 1973

Charles E. Cook, 28, of 858 Eighteenth street SE, was being  held in the city jail in lieu of $2,610 bond Friday on charges of assault with intent to inflict great bodily injury and pointing a gun at another. Police said Cook allegedly pointed a gun at Roy Harris Thursday night. He also was accused of assaulting Rosetta Johnson Thursday.

ROSETTA HARRIS ACCUSED OF BREAKIN

Cedar Rapids Gazette—Oct 26, 1973

Rosetta Harris, 24, 0f 1008 Sixth street SE, was arrested on a breaking and entering charge. Police said she was charged with a July 27 breakin at the Delores Marshall residence… in which a stereo set and other items valued at $200 were reported stolen.

FOUR SENTENCED ON CHARGES OF ASSAULT, BATTERY

Cedar Rapids Gazette—Dec 11, 1973

Four persons have appeared in magistrate’s court on charges of assault and battery… Willie Love, 523 Seventh avenue SE, pled guilty and was given a 20-day suspended jail sentence. He was charged with assaulting Rosetta Harris on Oct. 28.

Steve Tobin

MASSIVE DRUG RAID IN C.R.

Cedar Rapids Gazette—Jul 11, 1975

Twenty-four persons were arrested on drug charges Thursday evening and Friday morning in a massive round-up climaxing an eight-and-a-half month investigation in Cedar Rapids. The arrests were carried out by Cedar Rapids Police, Linn county deputies, and Iowa Drug Enforcement agency officers. Warrants for the arrest of 41 persons have been issued. Additional arrests are expected. The warrants charge over 140 violations, police said. Most of the charges deal with delivery of drugs. The drugs range from marijuana to cocaine and heroin. Nearly $6,687 was spent by undercover officers during the investigation for information and drugs. Three search warrants were issued. Police found substances believed to be drugs at all three of the residences. The search of one residence revealed $6,700 in cash, which was confiscated. Detective Lieutenant Denton Schultz said some of the major drug dealers in the Cedar Rapids area were named in the warrants. He refused to single them out, however. Schultz also refused to say how many undercover officers were involved in the investigation. He did say that the number fluctuated from time to time…

PERSONS ARRESTED, CHARGES LISTED

Cedar Rapids Gazette—Jul 11, 1975

The following people have been arrested on drug law violations, culminating an eight-and-a-half-month-long investigation in Cedar Rapids by state and local lawmen… Steve Leon Tobin, 28, of 1604 Fourth avenue SE, was charged with delivery of a controlled substance and conspiracy to deliver a controlled substance, heroin. He also was charged when prescription drugs were found in his possession. Steve Tobin and Lois Love were arrested at their apartment at 818 Tenth street SE, where a search warrant was executed and drugs were seized.

PAIR ARRESTED AT MERCY DRUG UNIT

Cedar Rapids Gazette—Jul 16, 1975

Two men arrested last week in a massive drug crackdown were arrested again Tuesday after a police officer allegedly found them smoking marijuana in a bathroom at the Mercy hospital chemical dependency unit. Charged with possession of a controlled substance were Steve Tobin… and Larry J. David…  They were arrested last week on two counts each of drug trafficking. A third count of possession of a controlled substance was filed against each after police also allegedly found drugs in their possession at the time of their arrests last Thursday  night. Tobin was released from the county jail on condition he admit himself to the chemical dependency unit. He was a patient at the time of his arrest… A police officer who was involved in the drug investigation arrested the pair the second time after smelling the drug. The officer reportedly was in the hospital on another matter. Tobin was returned to the detoxification center after his second arrest…

MAGISTRATE HEARS NINE LINN CASES

Cedar Rapids Gazette—Aug 28, 1975

The following appeared in magistrate’s court:  Steve Tobin… pled guilty to a charge of possession of a controlled substance and was fined $100 and costs. He was charged with possession of marijuana on July 15…

DISTRICT COURT ACTIONS

Cedar Rapids Gazette—Sept 22, 1976

…Cases against the following were dismissed: …Steve Tobin, 29, of Cedar Rapids, who had been charged with receiving stolen property in connection with his April 18 possession of stereo equipment belonging to a Cedar Rapids man. The dismissal motion said there was insufficient evidence to prove the case…

DISMISSAL ON ASSAULT CHARGE, NOT ‘INTENTIONAL’

Cedar Rapids Gazette—Apr 14, 1977

… Also dismissed were cases involving the following: …Steve Tobin, who had been charged with selling heroin on April 2, 1975. The county attorney’s dismissal motion said he had provided investigative information in return for a police promise that his charge would be dismissed…

3 ARRESTED

Cedar Rapids Gazette—Oct 29, 1977

…Police also arrested Steve Tobin, 30, on a charge of larceny. He was accused of taking clothing valued at $380 from the JC Penney store, 109 2nd St. SE…

Ken Millsap

MAN JAILED AFTER ATTACK ON DETECTIVE

Cedar Rapids Gazette—Feb 11, 1972

Gordon Loftus, 30, of 1710 Southview drive NW, spent Thursday night in the city jail on charges of assault and battery and intoxication. Police related the following events which led to Loftus being charged:

Detective Lt. Kenneth Millsap received an anonymous telephone call at the detective bureau Thursday  night from a man who said he was calling from a southwest Cedar Rapids tavern. The man reportedly refused to identify himself, but said he had information which would interest Millsap. The officer queried the caller for more details and asked for his name. The caller, however, refused to give additional information.

Millsap said he told the caller that unless he could be more detailed, he was not going to meet him at the tavern. The caller reportedly threatened Millsap and told him that if he didn’t show up he would come to the detective bureau and “whip” Millsap. Millsap hung up on the man. About ten minutes later, a man, identified as Loftus, entered the bureau while four detectives, including Millsap, were having a conference.

Millsap identified himself to the man and asked if he could help him. The man went around the front counter, approached Millsap, took off his coat and took a swing at the detective. Millsap blocked the swing and swung in defense. They wrestled and it was necessary for the other detectives to subdue the man.

In the fracas, Millsap’s suit coat was torn in half and his hand was injured.

Loftus was then charged. He was free Friday on $110 bond on each charge.

DETECTIVE’S CLAIM DISPUTED

Cedar Rapids Gazette—May 23, 1973

Cedar Rapids Safety Commissioner John Oberthien said Wednesday he has been advised “there is no basis for a half million dollar personal injury claim filed by a police department detective who charges he was falsely arrested and beaten by fellow officers. The claim was served on city officials Monday on behalf of Detective Lt. Kenneth Millsap, a veteran of 15 years on the police force, and his wife, Margaret, a an outgrowth of an incident March 19 at a northeast side parking lot.

Oberthien issued a brief statement saying it is a personnel matter which has been investigated by Police Chief George Matias. Both Oberthien and Matias denied Millsap had been charged. “If action is required,” Oberthien said, “it will be promptly taken.” He said he regards Millsap’s claim as any other filed against the city—like “where someone falls on a city sidewalk and claims injury.” Millsap told The Gazette: “I am a policeman and not allowed to make a public statement.”

Millsap, 41, did say he has continued to report to work daily, an denied he has been suspended. Oberthien said reports Missap had been suspended without pay are not true, but the detective was given “compensatory” time off. Chief Matias said Millsap was not suspended.

Matias said Millsap was picked up for intoxication and resisting an officer, but not formally charged. He said the case was handled differently because Millsap is a police officer. “He was turned over to me for discipline,” Matias said. Chief Matias said he sent Millsap home for two weeks “to pull himself together.” He said Millsap was paid during this time because he had worked enough overtime to have earned compensatory time off.

The Gazette was able to obtain a copy of Millsap’s claim in which he said Officers Perry Walton and David Young “and other employees and agents unknown to the claimant,” caused him to be arrested, “falsely imprisoned, and committed assault and battery” against him. Millsap said he suffered broken ribs, multiple contusions, and other injuries during the incident at a parking lot at Forty-second street and Center Point road NE. The claim says Milsap “…was falsely imprisoned in the Cedar Rapids police department jail” and that the arrest and imprisonment “was done with a malicious intent to injure (his) good name…”

As a result, the claim said, Millsap is entitled to exemplary and punitive damages. The claim states Millsap’s ability to be a police officer and his ability to earn a living now and in the future “is severely damaged.” The claim said Millsap’s wife suffered public humiliation and embarrassment as a result of the incident. The claim seeks $200,000 in alleged actual damages and $300,000 in exemplary and punitive damages.

According to police files, a male subject was observed sitting in a car near a phone booth in the parking lot. A citizen called the police station about 6:15 p.m. that day to report someone was either “drunk or sick.” Walton and Young were dispatched to investigate the matter. Walton said he and Young did not recognize the detective because of heavy growth of beard, cap and jacket.

Chief Matias told Millsap later told him (Millsap) and several other police detectives had been fishing at Gutttenberg that day. Matias quoted Millsap as saying it was cold and that the group had drunk brandy and beer. Walton said the man near the phone booth was asked to present his driver’s license, but became belligerent. At one point, the report states, the man threatened to shoot the officers, but no gun was found.

As one of the officers was checking the license plate on the car, the vehicle was started and proceeded a half block to the stop sign at Forty-second street, according to the report. The squad car pursued, but had to swerve when the man’s car began backing up toward the phone booth. The car then stopped and officers attempted to remove the man from the car. The report said the subject hung onto the steering wheel, but eventually the handcuffs were placed on him. The officers said that once the subject was removed from the car, they recognized him to be Lt. Millsap.

Millsap was taken to the station, where several officers concurred that he was intoxicated. A video tape was made and the officer was booked. Chief Matias said while an information charging intoxication and resisting an officer was prepared and signed by Sgt. Richard Miller, it was not filed in court.

Matias said Detective Millsap was placed in a cell and after about three hours was driven home by another officer. Matias said he talked with Millsap the next day, and that the officer agreed he had made an error. The police chief said he had the choice of either bringing charges against Millsap, “and probably destroy a  man,” or handling the matter on a departmental basis. Matias said he consulted with the arresting officers, and they agreed it should be handled internally.

Matias said he realized he may be criticized for that decision, “but right or wrong, that is what I thought best for the individual, the department, and the city. I severely reprimanded him and told him to take a two-week rest.” Chief Matias said Millsap had been working very hard and had been involved in a difficult case in which he went 24 hours without rest. “He has been a good police officer, had done good work and has many commendations. I thought it best to try to save his job.”

Matias said Lt. Millsap signed a “release” document in which he agreed not to hold the city or arresting officers at harm. The paper also was signed by Matias and Assistant Chiefs Kenneth Vanous and Gareth Clift. Chief Matias also denied there is any dissension on the force. He said morale is good. “We have had some minor problems between the patrol and detective bureau… but they have all been ironed out,” the chief said. “There is always a little rivalry, procedural conflicts, but it is no different now than when I started 20 years ago.”

Sources said the action taken by Millsap must be filed within 60 days of the date the alleged injury occurred or else a lawsuit musts be brought within 90 days. It was explained that filing of the claim permits a lawsuit to be brought any time within two years.

Oberthien denied there are any conflicts within the police department. “This is a personal conflict out of 148 men. You can’t have as good a department as we have,” Oberthien said, “with dissension in the ranks as WMT says. This happens anywhere. I don’t regard this as a serious problem, and I see it as an isolated incident. We’ve tried to keep personality conflicts out of the public eye so as not to embarrass anyone. You don’t want to hurt someone’s reputation.”

The Gazette asked County Atty. William Faches whether he had received any reports from the police department to consider for possible filing of charges against Millsap. Faches replied that he had received “no official notice from any official source or any official investigative reports.” Asked whether he had received any unofficial reports, he said he could not comment on that.

DETECTIVE, PLAINTIFF IN INJURY CLAIM, IS SUSPENDED

Cedar Rapids Gazette—May 25, 1973

Cedar Rapids Police Chief George Matias Friday said he has suspended an officer who has filed a half-million dollar personal injury claim against the city in connection with an incident at a northeast side parking lot March 19. Matias said he completed his investigation Thrusday surrounding the arrest of Detective Lt. Kenneth Millsap, and decided to indefinitely suspend him “on departmental charges of conduct unbecoming of an officer.” Matias said he called Millsap to his office late Thursday and informed him of his suspension from the police force effective Friday. Millsap was placed under arrest March 19 and charged with intoxication and resisting an officer after a patrol car was called to a parking lot just east of Center Point road at Forty-second street NE. However, while an information containing the charges was prepared against Millsap, it was never forwarded for prosecution. The matter did not come to light until Millsap filed notice of the claim. Lt. Millsap charges he was falsely arrested and imprisoned and that he was beaten by two uniformed officers. He said he suffered a broken rib, multiple contusions and other injuries as a result of the incident.

Chief Matias said he talked with Millsap the day after the scuffle, and after discussions with arresting officers and others, determined it would be best for all concerned to handle the situation internally. There was no suspension at the time, Matias said, but he sent Millsap home for a two-week rest. The chief said the detective, who had been working very hard, had more than enough compensatory time off coming. Matias told The Gazette Wednesday he realized he could be criticized for handling a case involving a policeman in other than the usual procedure. “He has been a good officer… I thought it best to save his job,” the chief said. The chief refused to comment further on his decision to suspend Millsap. “Now we are anxiously awaiting the FBI investigation,” he said. Millsap Thursday asked the FBI to investigate his complaint.

SUSPENDED C.R. DETECTIVE PLANS TO APPEAL MOVE

Cedar Rapids Gazette—Jun 1, 1973

A Cedar Rapids police officer who was dismissed from the department last week said Friday he will appeal the suspension in to the city’s civil service commission and, if necessary, “to the highest court in the land.” Detective Lt. Kenneth Millsap was suspended last week after filing notice of a half-million dollar damage claim against the police department, saying he was injured by two policemen who picked him up on an intoxication charge in March. Millsap’s attorney said a public hearing on the matter “will reinstate…Millsap to the police department and bring to light problems within the police department… Millsap categorically denies the reports made public of the incident and suspension because they contain innuendoes, half truths and lies.

“Apparently conditions exist in the Cedar Rapids police department that have turned policeman against policeman and it is hoped, when all of the facts have been brought to the surface, that the conditions will be corrected.” The attorney pointed out that immediately after Millsap’s arrest, he was given a two-week paid vacation and added, “If Millsap did the things he is now accused of, he would not have been given a two-week paid vacation, he would not have been kept in his command, and he would have been given immediate suspension.”

In a statement issued through the attorney Friday, Millsap contended the damage claim “was the culmination of many long and frustrating attempts by me to have a departmental hearing not only into the incident, but the underlying causes which have been of concern to me and other members of the department for some time.” Millsap said he filed notice of the claim “not out of personal animosity for the officers involved… not for personal gain… but rather out of a genuine concern for the dedicated men and women who want to serve that (police) system and whose performance and ability are impaired by internal strife not of their own making.

“It has never been my intention to air publicly the internal problems of the police department. However, since that time I have been suspended from my duties and the news media ha been used for an unprecedented attack that has been vicious, malicious and designed with an obvious intent to discredit me.” Millsap said the explanations of the incident given to the public are “incredible,” and added, “I only ask that each of you make up your own mind after all of the facts are made public. I did not ask for this fight; I did not want this fight. However, I am convinced an organization run by fear and impartial discipline, cannot continue to function and survive. Hopefully the ensuing action will in some small way result in an improvement to the system.”

Police Chief George J. Matias said he was not surprised by Millsap’s decision to appeal, but denied Millsap’s charges of dissension within the police department. “The department is functioning very well,” Matias said. “His accusations are false and without foundation. I am sure that when all the facts are brought before the commission it will substantiate my position in this case. I welcome the commission’s investigation.” Asked why Millsap received two weeks of vacation after the incident, Matias said, “I felt at the time that in the best interests of the department he should have some time off that he had coming, so as not to disrupt the department. I felt at the time this man was in no shape to continue his duties. It also gave me time to investigate the case further.”

FBI COMPLETES ITS INQUIRY IN MILLSAP CASE

Cedar Rapids Gazette—Jun 20, 1973

Federal Bureau of Investigation reports on a complaint by Detective Lt. Kenneth Millsap against the Cedar Rapids police department are completed and will be delivered to Washington, D.C., in the near future, U.S. Attorney Robert Sikma said Wednesday. The chief deputy attorney general in the criminal division, civil rights, will review the file and decide what action to take, he said. The procedure usually takes about 30 days. The justice department could decide to take no further action or could call a grand jury to further investigate the situation.

The complaint was filed with the U.S. attorney’s office May 23 and the FBI was called in a few days later. Besides the Federal complaint, Millsap has served notice of a half-million-dollar personal injury claim on city officials following a March 19 incident in a parking lot and appealed his subsequent suspension from the force to the civil service commission.

Millsap was accused of intoxication and resisting an officer in a March 19 information, but formal charges were never brought. A 15-year veteran of the force, Millsap claims he was falsely imprisoned and suffered broken ribs, multiple contusions and other injuries during the parking lot incident.

He was suspended from the force after filing notice of the claim on city officials. Police Chief George Matias suspended  Millsap, charging him with “conduct unbecoming of an officer.”

C.R. POLICE DEPARTMENT DISSENSION EXPLORED

Cedar Rapids Gazette—Jul 8, 1973

Problems within the Cedar Rapids police department in the last six to eight months have been such that there is no question that service to the public has suffered, according to a veteran member of the force. The officer, with concurrence of another long-time policeman, said morale—particularly among young men in the department—is lowest in more than a decade.

The Gazette talked to a number of officers in both the detective bureau and uniformed division. The interviews led to these general conclusions:

—At times there has been intentional lack of cooperation among officers.

—Most of the bitterness, much of it fostered by personality conflicts, has existed on the 4 p.m. to midnight shift and involved the leadership of the detectives and uniformed division.

—Few men, only a third of those eligible, are taking promotional tests—”a bad sign,” said one officer, “or a good sign something is wrong.

—Communication between the command and the men has been poor, with many policemen apparently afraid to go to their superiors with problems. “There seems to be a lot of tension,” said one officer. “You don’t know if you’re doing the right thing or the wrong thing.”

—Without exception, officers interviewed maintained they know of no corruption within the department.

—Many of the  younger officers do not believe the quasi-military structure of the police department is in harmony with the modern, professional approach to law enforcement.

–There is a good deal of suspicion, real or imagined, that some officers are just looking for something that will make another look bad. Some claim they have been followed by a fellow officer during off-duty hours and believe “a book” (file) is being assembled on them.

Police Chief George Matias and Safety Commissioner John Oberthien have contended there is neither low morale nor dissension on the force. However in recent weeks Chief Matias has held several meetings with officers, and Assistant Chief Gareth Clift has been riding with uniformed patrolmen to find out what the problems are. And there is evidence the department now is operating much more smoothly. Clift, who is in charge of the uniformed division, said “to the best of my knowledge any problems the men felt existed have been corrected. Yes, I have been riding with the men, and I believe there has been a lot of misunderstanding.”

Clift declined to say what correctional steps have been taken, explaining it would be inappropriate in view of Tuesday’s civil service commission hearing for suspended Detective Lt. Kenneth Millsap. Chief Mattias acknowledged that the personality problems on the night shift may have affected the performance of the department some, but not to the extent portrayed by some officers. “Communications have been a problem,” Matias said. He has been doing “more listening, and I think this will open the way to solving 90 percent of the problems. The problem on the night shift is being ironed out,” the chief continued. “I have had several meetings with officers. I believe the biggest problem we have is that officers become frustrated with the courts, public apathy and the correctional system. They are frustrated with the pay.”

“The job is more demanding now than ever before,” Matias said. “In the 27 years I have been on the force, there have never been as many lawsuits filed against officers as in recent years. We have been investigated by the FBI, the Human Rights commission. All of these lend to the policeman’s frustrations.” Matias said there has been some bickering within the department, “but I believe officers are working as hard as ever.”

Millsap’s arrest March 19 on charges of intoxication and resisting an officer (the charges were not formally filed), his subsequent claim against the city for a half million dollars in connection with the incident, and then his suspension from the department brought into the open what had been evident to newsmen for some time—that the detective bureau and patrol command feud on the night shift was intensifying. The incident was followed by rumors there was dissension in the department, that morale of officers was poor. The Gazette, with no pre-conceived notion as to who or what was to blame, decided to seek information from officers as to the extent of problems. Some refused to say anything, one adding he did not trust a reporter’s word that command officials would not be given his name. The goal was not to air individual gripes, but to ferret out what appeared to be general problems or complaints.

While that conflict has been a large part of the department’s problem, and may have contributed to others, officers interviewed say there have been vexations totally disassociated from the interdepartmental rift. Police work has not been easy in recent years. It has been frustrating for officers charged with enforcement of the law to see someone they believe undeserving or a repeat offender receive a suspended sentence. The general feeling among police is that criminals have the edge today. “When you add to that a belief by a young officer that he is getting cut up by his own, you have someone who wants to get out,” observed a top officer.

More than 12 members of the 144-man force are said to be looking for other employment, or for police work in other communities. There reported are eight on the night shift alone planning to leave the police department of other jobs can be found. On the other hand, one patrol officer said he knew of only one who has announce he is leaving. One patrolman claims his commanders are split on policy. “One believes that traffic control is a control function too, and another on the same shift believes traffic is a function of the traffic department. There have been times when an officer was told to hold a traffic check, and when he came in with a handful of summonses the commander on the desk says he shouldn’t have been doing that all day.”

Another said while he recognized the need for some type of military-like chain of command in the department, he said those in charge are close-minded about procedures and policies,” and not open to suggestions. One officer said he believes steps taken in recent weeks by the chief are a recognition that problems exist, and that in fact conditions have improved. He complained of the pay scale for police here, claiming it was 13th in the state. “I feel our department is one of the tops in the area and should be paid accordingly.

Several men charged that the department “is run on fear”—fear that a man will lose his job. They said some men have been placed on different shifts or hours as a hint to stay in line. “If the time spent on interdepartmental functions were devoted to police work, we’d get a lot done,” said one officer. “I hear officers say, ‘I’m coming in to put in my eight hours and get out,’” he said. “There are always some problems, some small gripes, but nothing like in recent months. I think a lot of officers would like to discuss the problems at the department, but they are afraid they would be fired or suffer lack of promotion.

Capt. Louis Stepanek, officer in charge of the night patrol unit and a central figure with Millsap in the interdepartmental feud, refused to comment except to say “there is no morale problem to my knowledge.” The discord on the night shift no doubt has been the most serious problem in the department. “There has been and is a lot of bitterness between the detectives and the patrol command (on the night shift),” said another long-time officer. “I don’t believe Chief Matias was aware (of the extent of the problem). His assistant chiefs should have seen it. They had to be blind not to. I would say it is 99 percent personalities, and in my opinion nothing that couldn’t be boiled out in 20 minutes if people sat down (and talked) and stopped acting like kids.”

The officer said both sided, the detective bureau and the patrol command on the night side, have refused information to the other. There have been reports that the detective bureau has pulled raids without even informing the patrol command or desk officer. On the other hand, there is the claim that some patrolmen have been ordered by the command not to talk to detectives, and that some have been reprimanded for working with detectives.

“There have been cases where the detective bureau asked for help to locate or spot a suspect in an investigation,” said an officer. “It wasn’t done. The command has told their men to let the detective bureau do its own work,” an officer charged. The quarrel had one of its more tense periods following an incident last fall when a detective who stopped a motorcyclist reportedly asked for a two-man patrol car for assistance, but was refused. The officer, checking on a license suspension, was soon surrounded by 12 to 15 other cyclists, according to one source. The source said the decision by the patrol command was that the detective did not need backup.

Another source said while a two-man car was not sent to assist, a patrolman voluntarily went to the scene and stood by to help if he was needed. One officer, whose statement was verified by another officer, said there have been instances when the detective bureau has refused admission to the records rooms, or made to seek permission to enter the records room. Assistant Chief Clift denied there has been a refusal of the uniformed division to cooperate with the bureau and that detectives were never refused access to records.

What started the conflict?  “I really can’t say,” said one policeman. “Some small sore festered, I guess.” Both sides have said at one time or another: They don’t tell us what they’re doing. There was no secret about the hate between some members of the two divisions.

Several attempts were made to soothe conditions on the night shift, but, said one of the department’s top officials, “I guess we just weren’t successful.” He said it seemed like very little incident was taken as an affront by some of the men. “Petty stuff. I was aware of the conflict, but not that it had gotten that far out of hand.”

There always has been some rivalry between the detectives and uniformed division, all of those interviewed agreed. But, right now the men are not comfortable speaking to each other.”

“Perhaps,” suggested one, “detectives should participate in roll call meetings. It could be done to let the men know there is teamwork and it’s not all competitive. The men need to know they can work together and not against each other.”

There has been considerable suspicion expressed about one officer whose job is intelligence. The individual has gained a reputation as a hatchet man among the men, some claiming he has followed them and checks up on their activities during off-duty hours. Chief Matias denied this is the case, saying the individual is not on internal security. “That (informal security) is my job and that of the other assistant chiefs.” Matias said the men were told when the intelligence job was created that the officer assigned to the job was not out to spy on them.

Matias said there have been assistant chiefs checking on patrolmen to see if they are doing their job. “I believe we mst maintain a semi-military type of service. You have to have discipline. You can’t have officers on duty doing just what they want to do.” The chief said he can’t believe any superiors are parking in front of officers’ homes to check up on them. Matias said there has been a lack of communications “… between officers, commanding officers, and my office.” In addition to listening more, the chief said “we have some other steps in mind to correct some of these situations. I’m not at liberty at this time to say what.”

One of the steps being taken at the department is a rewriting of the rules book, which governs conduct of officers. In recent days, patrolmen at the department have formed a new association to handle grievances more formally within the department. Airing of problems in this manner has without question helped. “To say that all of the problems are going to be solved would be untrue,” Matias said. “Any time you have 150 people you have 150 different problems. We are having growing pains in the department because we are a young department.

Officers did not restrict their complaints to police problems. They were very critical of operations at the municipal (now magistrate) court, where they claimed officers who have been on night duty have been delayed hours waiting for cases in which they are witnesses. Matias said he knows this is a problem—that on one occasion when an officer had waited several hours asked the judge if he could leave, the judge reportedly replied: “If you leave and the defendant shows up, the case will be dismissed.”

MATIAS: ‘A VERY SERIOUS CHARGE; WANTED TIME TO THINK ABOUT IT’

Cedar Rapids Gazette—Aug 3, 1973

Police Chief George Matias said Thursday he did not immediately suspend Detective Lt. Kenneth Millsap after Millsap was arrested for intoxication and resisting arrest because he wanted to study the situation before taking action. “I wanted more time to think about this thing,” Matias said during a civil service hearing on Millsap’s appeal of his suspension. “It was a very serious charge.” Millsap’s arrest occurred March 19, while he was off duty, in a parking lot near the intersection of Forty-second street and Center Point road NE.

Millsap was never formally charged with a criminal offense. He later filed a $500,000 personal injury claim against the city, as well as a complaint with the U.S. attorney’s office that his civil rights were violated during the incident. He claims he was beaten and falsely arrested and imprisoned in the incident. Millsap was given two weeks off with pay immediately after the incident. He then resumed his duties until he was indefinitely suspended by Matias May 25.

Millsap’ attorneys contend he was suspended because of the claim against the city and the complaint to the U.S. attorney’s office. However, Matias said Thursday, the claim and complaint had no bearing on his decision to suspend Millsap. Matias said he delayed the action because Millsap had 15 years’ service on the force and was an excellent officer. “I didn’t want to make a decision hastily,” Matias said. He said he spoke with Millsap the morning after the incident and Millsap told him he was sorry. Mattias said Millsap told him, “I got all fouled up, Chief, and I feel real bad about it.” Matias said Millsap offered to apologize to the arresting officers, Patrolment Perry Walton and Dave Young, and he said he had acted the way he did because he had personal problems and “…just wasn’t in the mood to be hassled.” Matias said, “He indicated to me that he was guilty.

Matias said his investigation was suspended May 3 when Asst. U.S. Attorney Robert L. Sikma spoke to him about the incident and directed him to seal his file on the case until Sikma authorized him to open it. “My understanding was that Mr. Sikma was representing the U.S. justice department and investigating the case,” Matias said. Sikma was then called to the stand Thursday. He said he has known Millsap professionally for more than two years, and has also met with him socially. He said Millsap came to him May 2 to discuss the incident, and told him he planned to file a civil rights complaint. “He felt he had been wronged in the manner in which he had been apprehended,” Sikma said. He said he talked to Matias about the incident. Matias, he said, told him it was an  unfortunate incident, which could have been avoided by wiser action on the part of the arresting officers or on the part of Millsap. Under cross-examination by City Attorney Dave McGuire, representing Matias, Sikma said he was not officially investigating the case at the time because no complaint had yet been filed. He admitted he had talked neither to the officers who made the arrest nor to any witnesses to the incident.

McGuire asked what law or regulation authorized Sikma to speak with Matias about the case, since no complaint was on file. Sikma said he knew of no specific authority, but he considered it part of his job. He said he also considered Matias his friend and wanted to see the incident settled internally. He said he asked, not ordered, Matias to seal the file. McGuire then asked Sikma if he had made available to Millsap’s attorneys copies of FBI reports of the federal investigation. He also asked if Sikma was taken off the case by the justice department because of his friendship with Millsap. Sikma said he asked to have another attorney handle the case, in view of his relationship with Millsap and Matias. He said he gave Millsap’s attorneys a copy of a report from the FBI file and allowed them to see other reports. The report he gave them, he said, was one compiled by the police department.

McGuire pressed Sikma about whether the FBI reports were supposed to be confidential. He said he was concerned about Millsap’s attorneys gaining access to the reorts, which Matias thought were confidential and which Matias had not seen. Sikma said the reports were not officially released. He said it was up to his office to determine if they were confidential. He received authorization for his action from an attorney in the criminal division of the justice department, he said, and also discussed it with U.S. Attorney Evan Hultman.

Hultman is on vacation and could not be contacted by The Gazeette. Dennis Dimsey, trial attorney with the justice department in Washington, D.C., said he was surprised to hear Sikma made the reports available, but agreed he could have been authorized to do so. Dimsey is in charge of the complaint, but has not been able to study it yet. “It is going t be a while before I am able to sift through all t his and arrive at a decision on whether it is prosecutable,” he said. Dimsey said the FBI report consists of 239 pages. It reached him July 17, he said, but he has not been able to work on the report. He estimated it will be at least two weeks before he can make a recommendation on disposition of the complaint. The civil service hearing was recessed until Monday at 10 a.m.

MILLSAP SAYS HE WAS TOLD “WE’LL HAVE TO DESTROY YOU”

Cedar Rapids Gazette—Aug 9, 1973

Detective Lt. Kenneth Millsap testified Thursday he was not intoxicated March 19 when he was arrested while off duty by two patrolmen, and said Police Chief George Matias and Assistant Chief Careth Clift knew he was not intoxicated. Milsap, who was suspended by Matias May 25 for conduct unbecoming an officer in connection with the March 19 incident, said Matias told him, “If you pursue this any further, I’ll have to try to destroy you,” when Millsap informed him he planned to file a complaint with the U.S. attorney’s office. Millsap also said the arresting officers, Dave Young and Perry Walton, recognized him before they arrested him. He said the patrolmen’s reports of the incident were altered.

The civil service hearing on Millsap’s appeal of his suspension was scheduled to conclude Thursday, but will continue Monday at 9 a.m. because no court reporter could be found to transcribe testimony after noon Thursday.

Millsap said he awoke shortly before 3 a.m. March 19, packed his fishing gear and a lunch and picked up Detectives Donald Rosdail and Francis Engrav to go fishing at Guttenberg. He said Rosdail took along a 12-pack of beer, Engrav took three bottles of beer and there was a half bottle of apricot brandy left in the car trunk from a previous duck hunting trip. The three ate breakfast in Guttenberg at about 6:30 a.m., and he said, after topping for gasoline in Monticello and missing a turnoff and driving to Dubuque. Millsap said the three began fishing from a barge in the Mississippi river at about 7 a.m. He said he was drinking his third beer of the day when he became ill. He said he did not finish the beer. His stomach felt queasy and he vomited.

He said Engrav also complained of illness, and the two thought it could have been due to the breakfast ham they ate. Millsap said he had one drink of brandy when he arrived on the barge and another later in the day, hoping it would settle his stomach. He said Rosdail, Engrav, a group of older fishermen and another group of policemen on the barge all had some of the brandy. Millsap said he had no more to drink that day, except for part of a bottle of beer when the three stopped on their way out of Gutenberg. He said he drank some of the beer, became ill and did not finish the beer. The group returned to Cedar Rapids at about 5:30 p.m., Millsap said. He said Rosdail noted the car’s gas gauge read empty and offered to buy some, but Millsap said he thought he had enough to get home.

Millsap said he was on his way to his home when the car sputtered and appeared out of gas, just east of the intersection of Forty-second street and Center Point road NE. He said he pulled the car into the May’s parking lot and up to a drive up telephone. He said he tried to call his wife to come get him, but the line was busy. He said he dropped a dime on the ground, opened the door to get the dime, and vomited again at that time. Shortly afterward, he said, he saw a squad car come into the parking lot and drive past him. He said he recognized Walton as the driver. He waved at Walton and Walton acknowledge with a nod, Millsap said. He said a few minutes later the squad car pulled up alongside his car. Walton got out and came toward his car. “I thought at that time I would just get a ride home with them,” Millsap said.

Walton asked him what he was doing, was told he was using the phone, and said there had been a call about him. Walton then asked to see Millsap’s driver’s license, Millsap said, and Millsap said, “What for?  I’m not driving.” He said Walton then conferred with Young and came back, asking for identification. Millsap said he replied, “Don’t be ridiculous, you know who I am.” He said Walton said, “I don’t give a —, I want to see it anyway.”

Millsap said he then made an obscene remark to Walton. He said Walton looked at a registration taped on the windshield and shined his light into the back seat, then went back to the patrol car. Millsap said he then decided to see if his car would start. He stared it, moved forward a few feet, then put the car in reverse and backed up when it began sputtering again. He said Walton opened the door of the car and grabbed him, while Young opened the right rear door of the car, crawled into the back seat and began pushing on Millsap with his feet.

Millsap said he was forced out of the car onto the ground and handcuffed. At that time, he said, Young was on his left side and Millsap said to him, “That’s another good way to get shot.” He said he made the remark because he recalled an earlier instance when Young described walking into a room where a man was apparently about to shoot himself. Millsap said at that time he told Young his procedure was a good way to get shot. He said after he was handcuffed he heard Young telephone the station, ask for Sergeant Richard Miller and say, “We got Lt. Millsap.”

He said he was placed in the patrol car. He heard Walton call the station to advise of a prisoner being brought in, and asked what the charge was. He said Young answered, “How about intoxication?” and he replied, “Fine, but you’d better make it stick.” Millsap said that was the first time he was told he was under arrest. He said while he was being booked in the police station, Capt. Louis Stepanek came in and appeared happy Millsap had been arrested. After he was placed in a cell, Millsap said, Stepanek and Clift came to talk to him. He said he told Clift what had happened, referred to conflicts between himself and Stepanek and said it was a “railroad job.” He said Clift answered, “I know it, Ken, I just don’t understand this.”

He said Clift returned alone later, said he had told Matias Millsap was not drunk and was having him released. Millsap said he told Clift he would rather stay in jail and take his chances in court. After he was taken home by two other detectives, Millsap said, he and his wife went to the parking lot, put gasoline in the car and he drove it home. The next morning Millsap said he met with Matias, who pointed to reports of the incident and said, “They’re really trying to stack it against you. What really happened?” Millsap told his story to Matias, who he said agreed the patrolmen must have known who Millsap was.

He said Matias asked him if it wouldn’t have been simpler to show his badge when asked for identification. Millsap told Matias he would have, but the patrolmen made it obvious they knew who he was and were harassing him. He said Mattias gave him a document releasing the officers and the city from responsibility for the incident. Matias asked him to sign, saying if he didn’t Matias would be forced to charge him and suspend him, which would hurt them both.

Millsap said Matias read parts of the patrolmen’s statement to him. He said the statements were not the same as statements introduced into the hearing later. He said the officers had switched their roles. Asked by Chairmen Charles Mullinex what he meant, Millsap said it was “…an old police tactic that went out with the rubber hose.” He said it meant the officers would testify to actions taken by each other, then say in court the arrested person was so drunk he didn’t know which man was which.

Millsap said he was told to take two weeks off with pay while Matias straightened out problems on the night shift. There was no talk of suspension or demotion, he said. Millsap said he asked numerous times to see copies of reports filed by Walton and Young, to file a report of his own and to see a videotape of the booking. He said he was not allowed to see the reports and was told the videotape didn’t exist. He resumed his duties April 3, Millsap said. On May 2 he wrote Matias a letter informing him he planned to file a civil rights complaint in connection with the incident. The next ay Matias called him to his office, discussed the letter, and made the remark about destroying him, Millsap said.

He said he filed a $500,000 personal injury claim against the city May 18 on the advice of his attorney, who said the claim must be filed within 60 days of the incident and should be on file. Between May 18 and May 24, when he was notified of his suspension, Millsap said he was “more or less stripped of command. I answered the phone.”

Under cross-examination, Millsap was asked why he filed the $500,000 claim if he has no intention of suing the city. He said his attorneys told him it was standard procedure, a technicality, and he followed their advice. He said he went to the emergency room at Mercy hospital the following week to see a staff doctor about chest pains and was given a chest binder. He said he went to the hospital instead of his family doctor because the call at the emergency room was covered under his insurance plan. He testified earlier he spend the first three days of his leave after March 19 in bed with influenza.

Asked why he didn’t walk to one of several gas stations near the parking lot, Millsap said he was tired, sick and dirty and “…didn’t feel like messing with the car.”

Millsap said he continued to resist being pulled from the car, even after one handcuff was applied, because he didn’t know what he was getting into with the officers. He said he may have over-reacted to the patrolmen’s questions, instead of identifying himself and putting the situation under control, because he was frustrated at the problems between the detective and uniformed divisions on his shift.

He said he did not ask for Matias or other superior officers to be notified at the time of his arrest because he felt he needed legal counsel. Millsap testified he gave names of several people who could be contacted to obtain a lawyer for him, but none of the people or a lawyer appeared at the jail.

REINSTATEMENT, DEMOTION FOR MILLSAP; APPEALS

Cedar Rapids Gazette—Aug 31, 1973

Kenneth Millsap, suspended from the police force by Chief  George Matias May 25, was reinstated by the civil service commission but with a demotion and loss of two months’ pay. Millsap’s attorney filed notice of an appeal in district court minutes after the commission handed down its decision late Thursday afternoon. Millsap was demoted from detective lieutenant to detective, and will not receive any pay for the 60 days immediately following May 25, when he was suspended for conduct unbecoming an officer…

In its unanimous ruling, the commission said there was not sufficient evidence to support the claim Millsap was intoxicated at the time of the incident, but, by his own admission, he resisted the efforts of Young and Walton. “The appellant’s defiant and belligerent conduct toward officers Young and Walton was unbecoming an officer of the Cedar Rapids police department,” the commission said. “Lack of self-controle which is a prerequisite to commanding others as an officer of the Cedar Rapids police department” was cited as the reason for the demotion.

In choosing to modify the action taken against Millsap rather than uphold the suspension or reinstate him with full back pay, grade and benefits, the commission gave neither side a clear-cut victory. Safety Commissioner John Oberthein said the ruling did exonerate the department of claims by Millsap the action was arbitrary and prompted only by his subsequent actions. “I think it showed there was something there; that we didn’t do it out of spite,” Oberthein said. “Basically, it upheld the position of the department.

Matias declined comment on the ruling, other than to say he would abide by it.

Millsap’s attorney said he feels there is an inconsistency in the ruling. He said the commission found Millsap was not intoxicated, which he said means there was  no basis for the arrest. “I think the decision was not justified by the evidence that was shown,” he said. The attorney said he expects to bring out evidence of problems within the police department when the appeal is heard. “We’re going to raise many of the same things we raised in the civil service hearing. This time we feel confident we are going to be able to present all of the evidence and not be stifled by some arbitrary rulings,” he said. “We’re going to bring out the underlying factors and the real causes of why this thing got out of  hand…the problems in the police force.”

ALLEGATIONS INVOLVING OBERTHIEN ARE PROBED

Cedar Rapids Gazette—Sept 14, 1973

Incidents said to involve Cedar Rapids Public Safety Commissioner John Oberthien were reportedly among matters reviewed Friday,as Linn county Atty. William Faches launched a full-scale investigation into the Cedar Rapids police department. Police officers connected with two incidents allegedly involving Oberthien were among the first to give information on a formal basis Friday. Lt. Richard Miller, Patrolman Lynn Faaborg and another officer were observed entering Faches’ office, and Detective Ken Millsap, jr., was seen leaving. However, Millsap and several other police officers left and came via an old narrow staircase which leads from a grand jury room next to Faches’ office to several outlets at lower levels.

Faaborg, according to reliable sources, was the officer who investigated an accident in which Oberthien reportedly drove his car past barricades and into a muddy street under construction on the northwest side. The accident happened in early August of 1972.

There were no charges filed in the matter, but it has been widely discussed ever since. It was among numerous subjects mentioned to The Gazette, but not used in a story last July about police department problems. Thomas Gardner, who is opposing Oberthien in the safety commissioner’s race, confirmed to The Gazette that he arrived at the Oberthien accident scene at about the same time wrecker did.

There are also reports that Public Improvements Commissioner Richard Phillips arrived at the scene after the accident. While reporters did not see her, Officer Shirley Pavlicek was reported to have talked to Faches. She recently wrote speeding ticket that allegedly was ordered torn up by Oberthien. The Gazette has been told a street department foreman went to Oberthien after his daughter-in-law was charged with speeding. Sources said the officer refused to rip up the ticket, was ordered to do so again, but she refused a second time. They claim the ticket was then torn up by Lt. Miller. The questions some observers are pondering is whether either alleged incident involves breaking of the law.

Faches has been interested in whether there have been illegal activities within the police department for some months. A reliable source in the police department said the county attorney has been talking with more than a dozen officers on an informal basis. Now the formal investigation has been launched.

The source said Faches had heard many rumors, and invited officers to come to his office to discuss them. The source quoted Faches as saying he (Faches) could see no violation of the law at this time, and if that was the case he didn’t have the right to investigate.

Police officers began reporting at Faches’ office about 8 a.m. Friday, and appearances were expected to continue throughout the day, “and maybe tonight,” one source said. While  aches continued to refuse comment on the investigation, an assistant said he doubted if the formal taking of testimony from police officers will continue Saturday.

ARGUMENTS IN MILLSAP APPEAL TO BE MARCH 26

Cedar Rapids Gazette—Mar 9, 1974

Arguments will be held in the Kenneth Millsap case in Linn district court at 9 a.m. March 26. Millsap appealed to the court the decision of the Cedar Rapids civil service commission that he be demoted from lieutenant to detective and that he be suspended without pay for two  months. The commission decision on Aug. 30 altered the suspension ordered by the chief of police on May 25, based on an incident in which Millsap was arrested for intoxication and resisting an officer. No new evidence will be presented at the court hearing. The parties agreed to have the case presented on the basis of the evidence presented to the commission, along with written and oral arguments to the court.

6 CHARGED IN POLICE PROBE

Safety Commissioner, Detectives Are Named

Cedar Rapids Gazette—July 10, 1974

Six Cedar Rapids police officers and former officers have been indicted in connection with an alleged conspiracy to injure the reputations of other officers and to have charges pressed against other officers. Indicted Tuesday were Public Safety Commissioner, a former detective, Asst. Police Chief Wallace Johnson, and Detectives Kenneth Millsap, Donald Rosdail, Robert Manchester and Darwin Ammeter. All except Johnson are charged with conspiracy, perjury and obstruction of justice. Johnson is charged with perjury and obstruction of justice and is named as an undicted co-conspirator in the conspiracy indictments.

The indictments were returned by the Linn county grand jury which began investigating the police department in January following a report last fall from the county attorney outlining supposed illegal activities of some member of the force. The five indicted for conspiracy face two counts on the charge. All six are indicted on one charge of obstructing justice. The number of perjury counts are as follows—Millsap, eight; Rosdail, five; Johnson, six; Ammeter, four; Manchester, four, and Steinbeck, seven.

The conspiracy indictments allege that the co-conspirators between about May 1, 1973 and July 8, 1974, conspired to:

1. Injure wrongfully the character of such persons as former Chief George Matias, former Asst Chief Kenneth Vanous, Asst. Chiefs Carl Badger and Gareth Clift and Capt. Ralph Myers and other officers by:

A. Making false reports of criminal conduct,

B. False testimony under oath,

C. Procuring false testimony or

D. All of those in furtherance of conspiracy

2. Do an illegal act or acts injurious to police, namely:

A. Falsely reporting to the Linn county attorney and the news media,

B. False testimony under oat to deceive the Linn county attorney,

C. Procuring false testimony or

D. All of those, alleging criminal conduct of the police department, to create the impression that such criminal activities were being committed on a regular basis, when no basis existed for such, except for crimes committed by the conspirators, thus defaming the reputation of the police department, its officers and leadership.

3. Do an illegal act or acts injurious to the police, t o wit, obtain the election of James D. Steinbeck as public safety commissioner and head of the police by:

A. Making false reports to the county attorney and news media,

B. False testimony under oath to deceive the county attorney,

C. Procuring false testimony or

D. All of those, alleging criminal activities were being committed on a common or regular basis, when no basis existed for such, except for crimes committed by the conspirators, thus defaming the reputation of the police department, it s officers and leadership.

In a second count, the indictments allege the conspirators during the same period conspired to:

1. Cause or procure Vanous and Myers to be indicted , in some way impleaded, accused, or prosecuted for an offence of which they were innocent, namely conspiring to enter illegally into the house of a city employee suspected in a murder case.

2. Cause or procure Matias, Vanous, Badger, Myers, Clift, Lt. William Byrne and others or any of them to be indicted or prosecuted for an offense of which they were innocent, namely, larcenies and embezzlement of police property or property in custody of the police.

The accused conspirators did  not approach The Gazette with any reports about alleged wrongdoing on the part of others, nor did this newspaper publish rumors about them. The county attorney identified WMT as approaching him with information, which is now alleged to be false, from police officers. According to the grand jury, false sworn testimony was given either to the county attorney or to the grand jury or both in connection with seven areas of investigation.

Steinbeck and Millsap are accused of perjury for allegedly telling the grand jury that Steinbeck did not leave certain hams at the police station because the refrigerator was locked and no key was available, and he felt they should be preserved. Actually, Steinbeck is alleged to have embezzled them and Millsap to have known that. A Gazette story last September reported after interviews with Asst. Chief Kenneth Vanous and Lt. William Byrne, who had been in charge of evidence since 1970, that four men in the detective bureau each took too hams home, ostensibly to keep the goods frozen. Removal of the hams, evidence in a supermarket break-in, caused a furor and immediate return of the meat, according to the story.

The conspiracy, as alleged by the grand jury, began about May  1 last year and continued through Monday. Thus its origins would be during the period between Millsap’s arrest on intoxication and resisting an officer charges on March 19, 1973, and his filing of a half-million dollar claim against the city on May 21 that year in connection with the arrest.

FIVE SUSPENDED OFFICERS ARE REINSTATED

Cedar Rapids Gazette—Dec 23, 1974

Five suspended members of the Cedar Rapids police department were reinstated Monday morning by Chief Wallace LaPeters. The five, indicted earlier this year by a Linn county grand jury, were Asst. Chief Wally Johnson, Kenneth Millsap, Darwin Ammeter, Donald Rosdail, and Robert Manchester. They were all charged with perjury and obstruction of justice, and all but Johnson with conspiracy. These charges were thrown out last week by the Iowa supreme court on grounds that the grand jury was illegally extended. Two of the men, Ammeter and Millsap, were granted vacations to fulfill commitments to their present employers.

MILLSAP SUSPENSION, DEMOTION UPHELD

Cedar Rapids Gazette—Jan 19, 1977

The Iowa supreme court Wednesday upheld district court and Cedar Rapids civil service commission decisions in the suspension and demotion of Cedar Rapids police Officer Kenneth Millsap. “We have considered the several contentions of the parties and find no reversible error. The trial court judge (Robert Osmundson) is affirmed,” wrote Chief Justice C. Edwin Moore.

The decision was concurred in by the four other justices hearing the case, M. L. Mason, Clay LeGrand, Ward Renoldson and K. David Harris.

Millsap had been suspended indefinitely by former Police Chief George Matias following an incident March 19, 1973, in a northeast side shopping center parking lot. Millsap had been arrested following a fracas with two police patrolmen. He was accused of arresting arrest and intoxication. However, no formal charges ever were brought against him. Two months after the incident, Millsap filed notice of plans to sue the city because of alleged injuries suffered in the scuffle with the two officers. The suit was never filed, but subsequent to his notice action he was suspended by Matias on a number of written specifications. Millsap then appealed to the civil service commission. It found insufficient evidence for the intoxication charge, but upheld the contentions that Millsap conducted  himself in a manner unbecoming for an officer, and that he resisted, assaulted, and threatened police officers performing their duties. As a result, the commission modified Matias’ indefinite suspension decision to a 60-day suspension without pay, and ordered Millsap demoted from lieutenant to the rank of detective.

Millsap returned to the department as a detective, and continues to work as a detective. The officer appealed the civil service commission ruling to the district court, and then appealed the trial court’s decision in the state supreme court. Millsap’s attorney said he had not yet seen the supreme court’s decision and could not assess further appeal possibilities.

BIG CRIME DROP HERE THIS MONTH

Cedar Rapids Gazette—Dec 21, 1977

Crime isn’t just “down” in Cedar Rapids this month—it has plunged to subnormal readings right along with the weather. Robbery?  It’s down. Assaults?  This month not nearly as many a Decembers past. Larceny of a motor vehicle, burglary,  other larcenies, you name it—it’s much less than usual. Assistant Police Chief James Barnes said the weather has played a big part—”Okay, a hell of a big part, but the men deserve some credit here, too.”

Following are some examples:  Burglaries in Decmeber 1975 numbered 279 in the city; in December 1976 there were 210. This year, so far this month, there have been 74. In December 1975, a total of 625 larcenies were reported; during the same period in 1976, 468, and to date this month, 222. Assaults in December 1975 numbered 27; last year during the month, 33, and through the 21st of this month, only19. Twelve robberies were reported during the last  month of 1975; 14 during December 1976; but only one has been reported in the first 21 days of this month.

Barnes said there are several possible answers—more probably a combination of reasons. Crooks apparently don’t like the cold and blowing, drifting snows any more than other people, he began. “But a lot of credit has to go to the uniform division. There’s been more intense patrol and the men have been working very hard. And they’ve also been turning in more complete reports. And that means they’re gathering more information for more complete investigations.

Barnes also reported an increase in the number of arrests on forgery counts. According to arrest figures, it’s getting so that a person can’t forge anything without getting caught. Of the 213 forgeries reported in Cedar Rapids this year, police have made a disposition of 172 of them. The 80-percent clearance rate, Barnes said, is due to Det. Kenneth Millsap. Before Millsap was assigned to paper crimes there were few arrests in that area.  

Don Geater

Ardyth Haynes

Fred Kremenak

Joe Abodeely

J.G. ABODEELY IS CHARGED WITH PAROLE VIOLATION

Cedar Rapids Gazette—Apr 3, 1972

Joseph G. Abodeely, 41… was arrested early Sunday in the Meeting Place… by Cedar Rapids police and charged with a parole violation… Abodeely allegedly was playing the drums in the establishment at the time of his arrest. Police said this is a violation of his parole… He was released from the city jail Sunday, several hours after he was picked up on the parole violation charge, again on the authority of his parole agent. Also receiving a summons in connection with the incident was Kay M. Bronkest, operator of the Meeting Place. She was charged with violation of restrictions of a class B beer permit holder.

STATUS OF ACTION AGAINST ABODEELY IS “INDEFINITE”

Cedar Rapids Gazette—Nov 16, 1972

The U.S. tax court case in which Joseph G. Abodeely, Cedar Rapids businessman, is contesting a government claim that he owes some $77,000 in back taxes and penalties is in an “indefinite state,” according to court officials… A court spokesman in the tax court’s docket room in Washington said it could be as long as six months before the Abodeely case comes to trial…

JOE ABODEELY SETTLES TAX CLAIM OF U.S.

Cedar Rapids Gazette—Sept 11, 1973

… Joseph G. Abodeely has agreed that he owes the federal government $37,881.09 in back taxes and penalties, The Gazette learned Tuesday. A stipulation outlining the agreed-upon tax deficiencies for the years 1961 through 1966 has been filed in U.S. tax court in Chicago. The settlement is less than half the approximately $77,000 in taxes and penalties the government initially said Abodeely owed… In addition, the IRS charged that all or part of the alleged underpayment was due to fraud and consequently was subject to a 50 percent penalty as provided by law…

Abodeely had been on parole (he was discharged in March) from the state penitentiary since December, 1971, when he was released after serving six months of a term of up to five years in an abortion case. He was accused of receiving a profit from referring a woman to an abortionist.

KAY M. BRONKEST IS THE BRIDE OF JOSEPH ABODEELY

Cedar Rapids Gazette—Oct 29, 1973

Miss Kay Martha Bronkest… and Joseph George Abodeely exchanged marriage vows Sunday during a 7 o’clock ceremony at First Presbyterian church. After the ceremony, performed by the Rev. Alexander George, a reception was given for 400 guests at the Montrose Motel. Parents of the bridal couple are Mrs. James Elliott of Muskegon, Mich., and Mr. and Mrs. George A. Abodeely…  The bride was attired in an ivory A-line gown of maracaine jersey accented with jeweled trim and featuring a fitted bodice, long sleeves and a chapel-length train. She wore an elbow-length bouffant veil trimmed with Chantilly lace and carried a colonial arrangement of yellow roses. Mrs. John Babbit of Muskegon attended her sister as matron of honor and bridesmatrons included Mrs. Henry Allen and Mrs. Carl Eiesland, both of Chicago. Their princess-styled gowns of polyester knit in colors of blue, rose and purple were fashioned with V-necklines trimmed with jeweled ruffles, long sleeves and A-line skirts. Each wore a matching headband and carried a single white rose. Ernest Abodeely served his brother as best man and Alex Abodeely, Phoenix, Ariz., an Mr. Allan were groomsmen. Mr. Eiesland and Nick George seated guests. Carrie Beth Eiesland and Jeffry Allan were flower girl and ringbearer. On return from a wedding trip to Lake Tahoe and Las Vegas, the newlyweds will reside temporarily at the bride’s address. The bridegroom attended the University of Iowa and is employed by the Unique motel. The bride is employed by the Meeting Place lounge.

CLOSE-UP: JOE ABODEELY

Cedar Rapids Gazette—Mar 29, 1992

By Shirley Ruedy

Editor’s note: Today’s subject is Joe Abodeely, 3017 Terry Dr. SE, apartment owner and jazz musician.

What do you like most, least, about your occupation?  I always love performing with my trio, and it’s excellent therapy for me too, honey. The least: I’m a perfectionist about my properties and have no respect for inconsiderate tenants.

If you could visit with any six people from throughout history, who would they be?  Frank Sinatra, Duke Ellington, Count Basie, Buddy Rich, Gorbachev who in my opinion changed the course of the whole world and Anwar Sadat, who I think was a top statesman.

What’s good/bad about living in Cedar Rapids?  The good is raising children, the excellent school system, and (it’s) a clean and relatively safe town. Bad?  Too conservative.

What is your goal in life?   To live a full life relatively free from the normal encumbrances of life: No sickness, pressures, people problems.

What is the best book you ever read?  Whatever is important at the time.

If you could go anywhere in the world, where would you go?  First of all, I’d go to Japan. I was there in the Army, and people were fascinating there. Also, my parents’ homeland in Lebanon, where I still have relatives.

What makes you laugh?  Mostly TV comedies like “Cheers,” “Night Court,” and “The Tonight Show.” I laugh pretty easily, honey.

What is your favorite meal?  A nice thick broiled steak and cabbage rolls.

What are your leisure interests?  TV sports, playing drums, listening to good music.

The most important thing you’ve learned in life is… Live for today.

What’s your idea of a great time?  Taking in a jazz concert (anything pertaining to jazz) and traveling.

If you were given a million dollars, how would you spend it?  Move out West, buy a beautiful home, new car and retire in the warm weather. Also: Donate money to a charity of my choice, such as the West Side YMCA. And the MS Foundation too.

Do you have a pet peeve?  I have a couple of them: Waiting in line and inconsiderate drivers.

What did you want to be when you were in high school?   A football or wrestling coach; I had participated in both in high school and college. And a jet pilot, too.

What happened?  I went to three years of college and they found a cracked kneecap from my high school football days, so I got rejected for pilot training. My whole world fell apart. (Although) I was majoring in physical education I had also fallen in love with music, but if I went back to college to get a music degree, it would have taken 2 years more. So I just continued playing my drums and my dream became opening my own club and playing it, which I did The Tender Trap for eight years until urban renewal took us out. Some of the best bands in the country were there. Al Jarreau got his start with us. We recorded two albums: One of them was one with Al, the other with J.R. Monterose, the sax player. The (albums) went nationwide. In fact, both of them are out now on CDs, on the Bainbridge label.

The first thing you notice about a person is… Their clothing attire and pleasant appearance.

Exclusive of the present, what would be your favorite time in history to live?  The ’50s. Jazz was very popular then, and I grew up with that. When I was in high school I would run home at the noon hour to listen to ‘Rhythm Rambles’ on WSUI. And that was how I learned to love music. The station would play a few bars before they announced the name of the band, and I got to where I could identify all the bands even before they gave the names.

What was your most embarrassing moment?   Frank Sinatra has been my idol since childhood. And when I finally met him, I froze up. Couldn’t even talk. I had taken out some matchbooks from The Tender Trap and finally, all I could think to say was “Here, Frank, have a match.”

DEATHS

The Cedar Rapids Gazette—Jan 29, 1999

Joseph G. Abodeely, 68, of Las Vegas, formerly of Cedar Rapids, died Wednesday, Jan. 27, 1999, in his home after a long illness. Services: 10 a.m. Saturday, St. George Orthodox Church by father Paul Baba. Burial: church cemetery. Friends may call from 3 to 8 p.m. today at the church, where a Trisagion service begins at 7 p.m. Arrangements by Cedar Memorial Funeral Home. Survivors include his wife, Kay; two brothers, Arthur of Los Angeles and Ernest of Cedar Rapids; two sisters, Norma Jean Allan and husband Henry of LaGrange Park, Ill., and Gina Eiesland and husband Carl of Barrington Hill, Ill. He was preceded in death by his mother, Nellie, in 1978; and his father, George, in 1986.

He was born Nov. 26, 1930, in Cedar Rapids, to George and Nellie Ellis Abodeely, and married Kay Bronkest there on Oct. 28, 1973. Mr. Abodeely was a state champion wrestler and football and track star, representing McKinley High School in Cedar Rapids. After serving in the Army during the Korean conflict, he attended the University of Iowa. Later he owned and operated several businesses in Cedar Rapids.

The Joe Abodeely Trio, with Mr. Abodeely on the drums, entertained jazz enthusiasts in Eastern Iowa for decades. Jazz legend Al Jarreau performed with Mr. Abodeely in the early days of Jarreau’s career. Mr. Abodeely also jammed with such artists as Buddy Rich, David Sanborn, J.R. Monterose and other stars of the ’50s, ’60s and ’70s. For years he directed the choir at St. John’s Orthodox Church in Cedar Rapids and also musically entertained at many national church conferences throughout the United States and Canada. Friends may make contributions to Nathan Adelson Hospice, 4141 S. Swenson St., Las Vegas, NV 89119; or the Joe Abodeely Memorial Fund.

Thomas Chester Sturgeon, Jr.

TWO C.R. MEN CHARGED WITH COUNTERFEITING; PRESS SEIZED

Cedar Rapids Gazette—Jan 31, 1973

Thomas C. Sturgeon, 47, of 530 Tenth street SE, and Donald K. Washburn, 23, of 2120 North Towne place NE, have been charged with the manufacture of and possession of counterfeit money. Officers who executed a search warrant on the Sturgeon residence about 2 a.m. Wednesday reported the two were in the process of printing counterfeit money on an offset press when officers arrived. Another search of the Washburn residence at the same time netted a quantity of counterfeit money, officers reported. A total of about $4,000 in $20 counterfeit bills in addition to the equipment, was seized, according to Walter Coughlin, special agent of the U.S. secret service Nebraska-Iowa office at Omaha.

Coughlin, Linn Sheriff Walter Grant and Cedar Rapids Police Chief George Matias and Asistant County Atty. Thomas Horan provided information about the charges at a press conference later Wednesday morning. Coughlin said the investigation, initiated by the sheriff’s office about six weeks ago, indicates that “very little at all” of the money was in circulation. He said the quality of the bills was “fair, not deceptive. The paper was not good. The printing was not that good, but improving.

Asked whether there would be more arrests, Coughlin said the investigation is continuing. Sheriff Grant said the investigation began in the rural area of the county. “Only one of the persons involved now was involved at the start.” Asked what he meant by “involved,” he said, “They were trying to make money. Of the two we have in custody only one was involved at the start.”

Chief Matias said his department cooperated after being called in by the sheriff. He said teams of agents from each of the three agencies were involved in the investigation.

Preliminary state charges of possession and manufacture of counterfeit money were filed in Cedar Rapids municipal court Wednesday by the county attorney. Coughlin said the same charges might be filed in federal court, plus a charge of sale of counterfeit money. Horan said the usual procedure in such cases is to prosecute in federal court first. Asked whether there was another batch of counterfeit $20 bills in circulation, Coughlin said three or four have been reported, but that it is believed they were passed by people going through town.

He said a face of a $100 counterfeit bill was found in the search Wednesday. The number of sets of serial numbers has not been determined, he said, because osme of them were not put to use. About 25 sets of plates were found, he said. Special agents for the treasury department told Judge Honsell, in a sworn statement to obtain the search warrant, that they had purchased counterfeit $20 bills from Washburn on several occasions during January. One said he had purchased $600 worth on Jan. 16 and $1,200 worth on Jan. 24.

The other said he had purchased $200 worth at the Village Inn Tuesday evening. At the same time, he said, Sturgeon told him he was the printer of those bills and that he would print more up for him Tuesday night. The agents did not specify how much they had to pay for the bills they claim to have purchased.

Sturgeon is a chiropractor. Washburn said he was unemployed when he was booked into the county jail after the search. Officers got Municipal Court Judge August Honsell out of bed at 1:30 Wednesday morning to issue the search warrant. Sturgeon and Washburn were being held in Linn county jail Wednesday in lieu of $10,000 bond each. Both men were arraigned in municipal court. Each was given until Feb. 8 to move, waive or demand a preliminary hearing.

BOOK ON COUNTERFEITING SEIZED IN C.R. RAID

Cedar Rapids Gazette—Feb 1, 1973

By Roland Krekeler

A book, “Counterfeiting in America” by Lynn Glaser, was among the items seized in a search that led to the arrest of two Cedar Rapids men on counterfeiting charges Wednesday, according to a court list submitted by officers. Also listed Wednesday afternoon was a multilith duplicator and a note, Dated Dec. 28, 1972, indicating a $100 check had been received as security payment on an offset press and that $900 was due, signed by one of the defendants, Thomas C. Sturgeon. State charges were filed against the 47-year-old Sturgeon and Donald K. Washburn Wednesday morning. Federal complaints were filed in federal court in Cedar Rapids Wednesday afternoon. The complaints accuse Sturgeon of manufacturing 74 counterfeit $20 federal reserve notes and accuse Washburn of selling ten counterfeit $20 bills to Secret Service Agent John Pavlik.

The two men were arrested about 2 a.m. Wednesday after a search warrant had been executed at Sturgeon’s residence and chiropractic office at 530 Tenth street SE. Linn Sheriff Walter Grant said Thursday officers broke through a  boarded up hole in the wall after failing to get a response at the door. He said Sturgeon was caught by a secret service agent as he tried to run away and had his arm twisted and bruised while trying to wrestle away from the agent. Sturgeon was treated at a hospital about 3 a.m. then was taken to the county jail, Grant said. Sturgeon was taken to the emergency room after he complained he had pneumonia and his doctor suggested taking him there, the sheriff said.

Grant said Washbun ran after officers broke into the house, but that he offered no resistance when he was found hiding in a rest room. At the time of the search, Grant said, the men were printing $20 bills to fill a $100,000 order placed by a secret service agent Tuesday evening. Information in a sworn statement used to obtain the search warrant indicated Washburn had sold the agent some counterfeit bills Tuesday evening and that Sturgeon then said he had printed the bills and offered to print as much as the agent wanted. Sturgeon reportedly had been told the agent wanted $3 million of the bills in a week’s time.

Other items seized in the search included cameras and other photographic equipment needed for offset printing, green ink and numerous check stubs.

The two men were being held in the county jail Thursday in lieu of $10,000 bonds—to be secured or in cash—on state charges of possession of counterfeit money. A $15,000 bond each, effective on their signature only, was set on state charges of making counterfeit money. A hearing was held late Wednesday afternoon on motions to reduce the bond. Municipal Judge John Siebenmann said Thursday he may receive more evidence on the matter before ruling. No bond has been set on the federal charges and no plans had been made for arraignment.

TWO ACCUSED COUNTERFEITERS OUT ON BOND

Cedar Rapids Gazette—Feb 2, 1973

Two Cedar Rapids men charged Wednesday with counterfeiting have been released from custody after signing statements that they will be liable for a total of $30,000 each if they do not appear in court on the charges. Thomas C. Sturgeon… and Donald K. Washburn… were released Thursday afternoon after bond was set in federal court and a surety or cash requirement on state charges was removed. Hearing on the federal charges was set for Feb. 16 at 1 p.m…

TWO ACCUSED COUNTERFEITERS APPEAR IN COURT

Cedar Rapids Gazette—Feb 8, 1973

Thomas C. Sturgeon… and Donald K. Washburn… appeared in municipal court Thursday on charges of counterfeiting an possession of counterfeiting tools. Sturgeon appeared without counsel and was given until Feb. 13 to obtain counsel or preliminary hearing date would be set without benefit of counsel…

HEARING APRIL 10 FOR STURGEON ON COUNTERFEITING

Cedar Rapids Gazette—Feb 14, 1973

Thomas C. Sturgeon… appeared in court Tuesday and was scheduled for preliminary hearing April 10…

STURGEON BOUND TO U.S. JURY

Cedar Rapids Gazette—Mar 1, 1973

U.S. Magistrate James Hodges, jr., Thursday found probable cause to hold over for a federal grand jury counterfeiting charges against Thomas C. Sturgeon… Hodges conducted a preliminary hearing for Sturgeon in federal court…

STURGEON AND WASHBURN BOUND TO GRAND JURY

Cedar Rapids Gazette—May 7, 1973

Thomas Sturgeon… and Donald K. Washburn… were bound over to the grand jury following preliminary hearings Friday in municipal court on charges of possession of counterfeiting tools, counterfeiting and counterfeiting or forgery…

ARRAIGNMENTS OF WASHBURN AND STURGEON PENDING

Cedar Rapids Gazette—June 14, 1973

Two Cedar Rapids men are awaiting arraignment following their indictment by a federal grand jury on a number of counts in connection with an alleged counterfeiting operation. Free on bond are Thomas C. Sturgeon… and Donald K. Washburn… Both appeared Tuesday before U.S. Magistrate James Hodges, jr…. Sturgeon last week filed a complaint with the FBI claiming he was mistreated by authorities during his arrest.

COURTHOUSE NEWS

Cedar Rapids Gazette—June 23, 1973

…The [Linn county] grand jury…entered no bills on a total of six charges of counterfeiting; possession of tools for counterfeiting, and counterfeiting or forgery against Thomas C. Sturgeon… and Donald K. Washburn…

FBI COMPLETES RIGHTS PROBE

Cedar Rapids Gazette—June 25, 1973

A complaint by Thomas C. Sturgeon… that he was mistreated when arrested Jan. 31 has been referred to the department of justice civil rights division by the Federal Bureau of Investigation. FBI officials said Monday they have completed their preliminary reports and referred them to the justice department in Washington, D.C…. U.S. Attorney Robert Simka reported the justice department usually takes a minimum of 30 days to review the complaint and decide what further action to take.

STURGEON AND WASHBURN DENY COUNTERFEITING

Cedar Rapids Gazette—July 18, 1973

Two Cedar Rapids men charged in connection with an alleged counterfeiting operation pled innocent before U.S. Magistrate James Hodges, jr., Wednesday. Remaining free on bond are Thomas C. Sturgeon… and Donald K. Washburn…

JURY SELECTED IN STURGEON TRIAL, BEGIN TESTIMONY

Cedar Rapids Gazette—Sept 12, 1973

The jury was chosen and testimony got under way Wednesday morning in the case of Dr. Thomas C. Sturgeon… [who] is charged in Cedar Rapids federal court with eight counts in connection with possession and counterfeiting 74 bogus $20 bills, possession of plates to counterfeit and conspiracy with Donald K. Washburn… to counterfeit the bills.

Russell C. Gallagher and William Gasway, sales representative and president of J.P. Gasway Co., respectively, testified Wednesday that Sturgeon purchased printing supplies from that company between July 14 and Dec. 29, 1972, including quantities of green ink.

Before testimony began, U.S. Attorney Gary Wenell told the jury government witnesses would relate incidents of Jan 30 and 31, the time of Sturgeon and Washburn’s arrest. Secret service agents arranged a sale of the bogus money with the pair the evening of Jan. 30 and obtained evidence in a search at the Sturgeon residence Jan. 31, he claimed. Evidence will also show the counterfeit money had been passed in other cities in Iowa, Wenell said.

Sturgeon, a chiropractor who is serving as his own counsel, told the jury, “The government must tie me to that evidence, not anybody else.” He also said counterfeit money is something that is complete on the front and back and if it is not complete, it isn’t legally counterfeit money…

WASHBURN PLEADS GUILTY TO FOUR COUNTERFEIT CHARGES

Cedar Rapids Gazette—Sept 13, 1973

While Dr. Thomas C. Sturgeon… defended himself against government witnesses in a Cedar Rapids federal court trial Wednesday, his alleged accomplice pled guilty to four charges in connection with counterfeiting activities. When questioned by an assistant U.S. attorney, Donald Keith Washburn… related the pair’s activities prior to their Jan. 31 arrest. However, Washburn apparently won’t be called to testify in the Sturgeon trial…

Sturgeon’s trial was adjourned early Wednesday afternoon so Washburn could enter his plea… When questioned after his plea, Washburn said he and Sturgeon were in the process of printing $20 bills when raided by secret service agents, Cedar Rapids police officers and Linn sheriff’s deputies early the morning of Jan. 31.

There were no denominations on the bills when the raid occurred, he testified, but they were to be $20 bills. Washburn said he had not actually helped in the counterfeiting process before, but had observed sheets of uncut $20 bills when at the Sturgeon residence. He told of receiving $5,000-$6,000 in bogus $20 bills from Sturgeon on the weeks before their arrest. His attorney told the court there was no deal with the U.S. attorney’s office regarding the sentencing on the guilty pleas.

He said it is his understanding the government does not intend to call Washburn as a witness in the Sturgeon trial. The attorney pled with the court to place Washburn on probation rather than  jailing him. Washburn has “re-evaluated his whole manner of living since the arrest,” the attorney said. He told of Washburn’s becoming a partner in an asphalt construction company, attempting to get out of debt and becoming reacquainted with the church. Washburn, married and the father of two children, never denied his guilt in the case, the attorney said.

“For the first time, I have seen a change in the defendant from the time he wa charged with an event to the time he faced the court,” the attorney claimed. Judge Edward J. McManus sentence Washburn to one year imprisonment on one sale charge and two years on each of the other charges. The two-year sentences were suspended. Incarceration was delayed until Oct. 1.

Only one additional witness was called in the Sturgeon trial Wednesday afternoon, Leonard E. Fox, manager of Midwest Paper Co., Cedar Rapids. He told of selling printing supplies, including black, green and blue ink, to Washburn Jan 2. Attorneys in the case met in chambers with Judge McManus for about two hours Wednesday arguing motions filed by Sturgeon, including a motion to reconsider a motion denied earlier to suppress evidence. McManus late Wednesday refused to reconsider the motion. However, Thursday morning, testimony in the case was delayed so a hearing could be held on the motion to reconsider.

Two special agents for the secret service testified on events of Jan. 31, when they and local police officers and sheriff’s deputies broke through a wall at the Sturgeon residence and found Sturgeon and Washburn printing what they say was to be bogus $20 bills. After hearing the evidence McManus again denied Sturgeon’s motion to reconsider. Sturgeon entered for the record a standing objection to any evidence he sought to suppress. Sturgeon has contended the raid on his residence and subsequent search of the premises was illegal.

A secret service agent testified after the suppression hearing that he, another agent, Washburn and Sturgeon met in a room at the Village Inn motel in Cedar Rapids the night of Jan. 30. The agent said he discussed the poor quality of counterfeit bills he had received from Washburn and Sturgeon agreed to improve the quality and print as many bills as possible before the morning. The agent was posing as a representative of a Chicago gangster who wanted to buy counterfeit money. The agent said Sturgeon told him the road around his business was closed several months and he had turned to counterfeiting to make money.

BOTH SIDES REST IN COUNTERFEITING CASE

Cedar Rapids Gazette—Sept 14, 1973

Both government and defense rested Friday morning in the Cedar Rapids federal court trial of Dr. Thomas C. Sturgeon… Sturgeon, serving as his own counsel, presented no witnesses. The U.S. attorney presented one witness Friday morning, concluding two and one-half days of government testimony…

The trial has been repeatedly interrupted for conferences between the attorneys and Judge Edward J. McManus over points of law. After both sides rested, another conference in the judge’s chambers was called at 11 a.m. Attorneys were expected to present concluding arguments to the jury Friday afternoon.

Counterfeit $20 bills allegedly printed by Sturgeon were found in Dubuque and Sioux Falls, S. D., according to testimony Thursday afternoon. Two Sioux Falls, S.D., policemen testified they investigated eight bogus $20 bills passed at two Sioux Falls businesses—a drug store and a pool hall. A Dubuque policeman said he investigated a counterfeit $20 bill passed Jan. 26 at a Dubuque grocery store. Linn County Sheriff Walter Grant testified he found 14 counterfeit $20 bills in Sturgeon’s pants at the county jail following the early morning raid on Sturgeon’s residence Jan. 31.

A series of secret service agents, Linn county sheriff’s deputies, and a Cedar Rapids police detective related their roles in the raid and items they found in searching the Sturgeon residence. More than 1,200 sheets bearing the treasury seal and serial numbers were found, according to one agent. David John Floyd, a former sheriff’s deputy, said he found a black billforld with several $20 bills, several printing plates, several negatives of $20 bills and a negative of a $100 bill in a darkroom at the residence. The items were hidden behind a chest of drawers, he said.

Deputy Ted Beuler told of being the first officer into the Sturgeon press room. Sturgeon immediately shut off the press, grabbed something from on top of the press and ran to the darkroom, he said. Sturgeon came out of the darkroom when ordered at gunpoint, Beuler said. He was then guarded by Cedar Rapids Detective Kenneth Millsap. A secret service expert from Washington, D.C., pointed out defects in the $20 bills common to several of the bills Sturgeon allegedly counterfeited.

Sturgeon was questioned by the judge on several occasions about his line of questioning and warned not to be so argumentative. Sturgeon is serving as his own counsel with a court-appointed attorney serving in an advisory role.

On one occasion after Patrick Culhane, a Sioux Falls, S.D., policeman, told of picking up a bogus $20 bill in Sioux Falls, Sturgeon immediately asked, “Do you know anything except what other people tell you?” The U.S. attorney objected and Judge E. J. McManus upheld the objection. Sturgeon then asked no further questions of the witness.

FIND STURGEON GUILTY IN COUNTERFEITING CASE

Cedar Rapids Gazette—Sept 15, 1973

The jury returned verdicts of guilty Friday afternoon against Dr. Thomas Spurgeon (sic)… on all eight counts of an indictment charging counterfeiting activities… Both government and defense rested Friday in the trial and presented final arguments to the jury early Friday afternoon. The jury returned with verdicts at 4:10 p.m. after about two hours deliberation…

STURGEON GIVEN PRISON TERMS; RETRIAL DENIED

Cedar Rapids Gazette—Oct 4, 1973

A request for a new trial was dismissed Wednesday in the case of Dr. Thomas C. Sturgeon… and [he] was sentenced Thursday morning as scheduled… by Judge Edward McManus to one ten-year and seven five-year sentences on the eight counts. The five-year sentences are to be served concurrently with the ten-year sentence…

STATE SEEKING REVOCATION OF STURGEON LICENSE

Cedar Rapids Gazette—Oct 31, 1973

The state of Iowa has gone to court to revoke the chiropractic license of Thomas C. Sturgeon, jr., because of his conviction on several counterfeiting counts in federal court in Cedar Rapids. The 47-year-old chiropractor is free on appeal bond from the Oct. 4 convictions.

A petition filed in Linn district court Wednesday by the state attorney general’s office says the state department of health directed filing of the petition. The suit says the convictions for conspiracy, counterfeiting, possessing counterfeit bills and possession of printing plates for counterfeit bills fall within grounds set out by state statute for revocation of licenses of doctors, chiropractors, barbers and other practice professions.

One of the grounds specified in the suit is being guilty of an offense involving turpitude, which the dictionary defines as depravity. The other ground is being guilty of an act or offense that is immoral, unprofessional or dishonest. The suit also asks for an injunction barring Sturgeon from practicing chiropractic.

LINN SHERIFF IS SUED FOR $11 MILLION

Cedar Rapids Gazette—May 8, 1974

An $11.2 million lawsuit against Linn county Sheriff Walter Grant was filed in Cedar Rapids federal court Tuesday by Dr. Thomas C. Sturgeon, a Cedar Rapids chiropractor convicted last fall for counterfeiting. In his suit, Sturgeon claims that Grant and others acting under his command “engaged in illegal conduct to the injury of the plaintiff and deprived the plaintiff of the rights, privileges and immunities secured to the plaintiff by the 14th Amendment to the U.S. Constitution.” He lists 20 complaints in connection with and following the Jan. 31, 1973, arrest at his residence…

According to the suit, Grant committed perjury before a grand jury, and that Sturgeon was indicted on the basis of his testimony. Sturgeon also claims that Grant lied at the trial. The counterfeit $20 bills did not come from his pocket, as Grant testified, Sturgeon argues.

Further, Sturgeon claims he was arrested and held in the Linn county jail “without any warrant, writ or any other legal process.” He also says he was jailed “without benefit of any clothing from the waist up,” which he claims constitutes “cruel and unusual punishment.” The plaintiff argues that he was not notified of his constitutional rights at the time of arrest and had his trousers searched without a warrant.

Other complaints against Grand include that he “illegally stole the plaintiff’s permit to carry a concealed weapon;” that he “prejudiced the plaintiff’s rights” by giving out information to the news media; and that he ignored Sturgeon’s demands for medical treatment. Sturgeon also claims that property was taken from him without a receipt being given. And, he says, a Zippo lighter was confiscated and never returned. This, the complaint says, “constitutes petty larceny.” Damages of $100,000 were asked for this alleged action.

In addition, Sturgeon says he was jailed for 14 days following his conviction in federal court without receiving any document authorizing such containment. He asks $2 million in damages from Grant for suffering “mental, physical and financial harm and anguish.” Also, he says he has been “greatly humiliated and held up to public scorn and derision.”

PRISON TERM STAYS GIVEN TO TWO IOWANS

Cedar Rapids Gazette—Sept 20, 1974

Two individuals scheduled to begin federal prison terms have been given stays of execution by U.S. Magistrate James Hodges while their cases are being appealed in the U.S. supreme court. Dr. Thomas Sturgeon of Cedar Rapids, whose appeal on a counterfeiting conviction was recently turned down by the Eighth circuit court of appeals, was to turn himself in to U.S. marshals Friday. He was found guilty in September of 1973 on eight counts of printing $20 federal reserve notes and was sentenced to 10 years in prison. In his petition to the appeals court, Sturgeon argued that counterfeiting is not a violation of Iowa law and that a state-issued search warrant was therefore invalid. He further stated that when he dismissed his attorney three weeks prior to the federal trial and defended himself he should have been given a continuance…

RULE AGAINST STURGEON IN DAMAGE SUIT

Cedar Rapids Gazette—Nov 7, 1974

U.S. district Judge Edward J. McManus Wednesday issued a summary judgment in favor of a secret service agent who had been sued for $3.4 million by Cedar Rapids chiropractor Thomas C. Sturgeon. In his complaint against agent Fred Douglas of Des Moines, Sturgeon asked $1.7 million in actual damages and a like amount in punitive damages as a result of a Jan. 31, 1973 arrest for alleged counterfeiting. Douglas, along with members of other law enforcement agencies, took part in the arrest at Sturgeon’s residence…

Sturgeon was subsequently convicted by a federal jury… In his suit against Douglas, Sturgeon charged his civil and constitutional rights were violated in that an illegal search with an invalid warrant was conducted in connection with the arrest. In addition, the Cedar Rapids man claimed Douglas committed perjury in the original complaint and at Sturgeon’s trial.

Judge McManus ruled Wednesday that the constitutionality of the search warrant  had been previously established. He further noted there is no indication Douglas committed perjury, but that if such alleged perjury was made it did not affect due process for Sturgeon. In addition to ruling against Sturgeon, Judge McManus ordered him to pay Douglas’ costs in the action.

Judge McManus also denied a request by Sturgeon that Judge McManus be removed from the case because of “personal bias and prejudice” arising out of the counterfeiting trial. Judge McManus denied the claim.

A nearly $14 million lawsuit Sturgeon filed against Linn County Sheriff Walter Grant, County Attorney William Faches, Asst. County Atty Thomas Horan and others is still unresolved. This suit lists more than 20 complaints, including violation of his constitutional rights, mental and physical abuse and perjury. Grant alone was sued for $11.2 million.

STURGEON ASKS FOR REVERSAL OF FEDERAL RULING

Cedar Rapids Gazette—Nov 14, 1974

Dr. Thomas Sturgeon… has appealed in the Eighth circuit court of appeals for a reversal of a judgment in connection with a $3.4 million damage suit he filed against a secret service agent…

JUDGE DENIES STURGEON PLEA

Cedar Rapids Gazette—Nov 29, 1974

Cedar Rapids Federal Judge Edward J. McManus has turned down a request by Dr. Thomas Sturgeon… that the judge remove himself from a case involving Sturgeon’s multi-million-dollar damage suit against Linn county Sheriff Walter Grant and others… The judge ruled… “prior judicial exposure is not sufficient evidence of personal bias.” He added that “statutory requirements must be strictly met to prevent frivolous attacks upon the integrity of the judiciary.” Earlier this month, Judge McManus issued a summary judgment against Sturgeon in connection with a similar damage suit against a secret service agent. He likewise turned down a request to disqualify himself from that case.

MAN FILES $126 MILLION AGAINST MEDIA

Cedar Rapids Gazette—Dec 10, 1974

Thomas C. Sturgeon has filed a $126 million suit alleging various news companies, some of their employees and other individuals conspired against him in connection with his conviction on counterfeiting charges. In the suit filed in federal court in Cedar Rapids Tuesday, the former chiropractor claimed he lost $2,000 to $3,000 a month in income as a result of “libelous” statements made against him.

He contended his good name and reputation have been damaged, that he and his family have been subjected to mental anguish and that the jury in his trial was illegal and improperly influenced by the acts of the defendants. He claimed the news media published excessive, untruthful and biased stories, making the finding of an impartial jury impossible in the state, district and possibly the nation.

Sturgeon seeks $10 million each from The Gazette Co., KCRG radio, KCRG television, the Des Moines Register and Tribune Co., WMT radio, WMT television, the Associated Press and United Press International. The suit seeks $1 million each from Gazette employees Roland Krekeler, Roger Green, Jack Illian and as yet unknown Gazette and Register employees (including typesetters and those who distribute the paper), unknown employees of KCRG radio, KCRG-TV, WMT radio, WMT-TV (including station engineers), Edwin Lasko of KCRG-TV, William Simbro of the Register, Lew Van Nostrand and John Bachman of WMT-TV, Mrs. Dennnis Fiser, Walter Coughlin, and other, unknown secret service agents, Asst. County Atty. Thomas Horan, co-defendant Donald Washburn and unknown employees of the AP and UPI. He seeks $1 million in damages from each of the defendants.

Mrs. Fiser allegedly said in public to an unspecified individual to the effect, “You should go to my chiropractor instead of a person like Sturgeon.” She also allegedly belittled Mrs. Sturgeon’s income by saying she only had $40 in her purse, when she actually had $40 and “$20 was stolen.”… 

SUPREME COURT WON’T HEAR STURGEON, BRIERLY APPEALS

Cedar Rapids Gazette—Dec 28, 1974

The U.S. supreme court has refused to review the appeals of Dr. Thomas Sturgeon of Cedar Rapids and Burton Gene Brierly of Nora Springs, and the two have been ordered to begin serving federal prison terms Jan. 6… Sturgeon has a second suit in the appeals court asking that a writ be issued to correct errors in its ruling. And he has indicated he plans to file another petition in Cedar Rapids federal court attacking the sentence…

STURGEON, BRIERLY TURN THEMSELVES IN

Cedar Rapids Gazette—Jan 7, 1975

Dr. Thomas Sturgeon of Cedar Rapids and Burton G. Brierly of Nora Springs turned themselves in at the U.S. marshal’s office in Cedar Rapids Monday at noon to begin serving federal prison terms… Both men lost appeals to the U.S. supreme court. Federal authorities said the pair will be held in Linn county jail until the attorney general’s office decides which federal prison they should be sent to.

STURGEON TAKEN TO TERRE HAUTE PRISON

Cedar Rapids Gazette—Jan 15, 1975

Dr. Thomas Sturgeon, 48… Wednesday morning was transferred by U.S. marshals to the maximum security federal penitentiary at Terre Haute, Ind., to begin serving a 10-year sentence for counterfeiting…

STURGEON DENIED TERM REDUCTION

Cedar Rapids Gazette—Apr 24, 1975

U.S. District Judge Edward McManus has denied a request by former Cedar Rapids chiropractor Thomas Sturgeon to have his 10-year prison sentence reduced…

STURGEON APPEAL REQUEST VETOED

Cedar Rapids Gazette—June 4, 1975

U.S. District Judge Edward J. McManus has denied a request that convicted counterfeiter Thomas Sturgeon be allowed to appeal the dismissal of a $126 million libel suit at government expense…

STURGEON SEEKS TO OVERTURN HIS SENTENCE

Cedar Rapids Gazette—June 5, 1975

Convicted counterfeiter Thomas Sturgeon Wednesday filed a civil suit in Cedar Rapids federal court asking that his 10-year prison sentence be overturned because of alleged irregularities surrounding his case… In his petition for a dismissal of his sentence, Sturgeon claims he was illegally held 39 hours in the Linn county jail in early 1973 for before being charged with a federal offense. He further claims the jury was improperly influenced by the great number of charges against him. Sturgeon also argues the pre-sentence report on him contained errors and that he was not given the opportunity to view the report before it was submitted to U.S. District Judge Edward J. McManus…

DOWN STURGEON SENTENCE APPEAL

Cedar Rapids Gazette—July 10, 1975

Convicted counterfeiter Thomas Sturgeon’s petition to have his 10-year federal prison term overturned has been denied by U.S. District Judge Edward J. McManus… In his suit to have the sentence vacated, Sturgeon claimed the jury was influenced by the “great number of charges” in the indictment and that the pre-sentence report prepared on him was “tainted with erroneous information.” In ruling against Sturgeon, McManus noted the second charge was “so vague as to be unworthy of consideration.”

LIBEL SUIT IS DISMISSED

Cedar Rapids Gazette—Oct 10, 1975

A libel suit brought by convicted counterfeiter Thomas Sturgeon… against secret service agent Walter Coughlin… has been dismissed by U.S. District Judge Edward J. McManus… McManus had previously dismissed the suit against all but Coughlin, who just recently filed motions for dismissal.

STURGEON TO BE RETURNED TO C.R. FOR TWO TRIALS

Cedar Rapids Gazette—Oct 16, 1975

U.S. District Judge Edward J. McManus has ordered convicted counterfeiter Thomas Sturgeon… released from federal prison so he may attend a pre-trial conference in connection with two civil suits he has filed in Cedar Rapids federal court. The pre-trial conference is set for Nov. 3, and trial is slated to begin Nov. 17. He is to remain in custody during the trial… [He] is currently serving time at Leavenworth, Kan. Several other suits filed by Sturgeon have been dismissed, but there have been no motions for dismissal in the two to be tried. One, against former Linn county Attorney William Faches and others, seeks $1 million in damages and $250,000 in punitive damages from each of the seven defendants… In the other petition, Sturgeon charges he was illegally jailed by Linn county Sheriff Walter Grant. He asks a total of $24.2 million from Grant.

CLAIMS AGAINST TWO DROPPED IN STURGEON SUITS

Cedar Rapids Gazette—Nov 12, 1975

With trial scheduled to start in Cedar Rapids federal court Monday in connection with two civil suits filed by former Cedar Rapids chiropractor Thomas Sturgeon, the number of defendants was reduced Wednesday in an order issued by U.S. District Judge Edward J. McManus… Named as defendants [in the suits] were, in addition to [Linn County Attorney William] Faches, Asst. Linn County Attorney Thomas Horan and Cedar Rapids police officers Roland Achey, Donald Potter and Denton Schultz. McManus dismissed all charges against Horan and Faches and dropped the conspiracy charges against the policemen. He deferred ruling on the remaining charges against the officers and ordered them to produce by Thursday police records involving Sturgeon’s claim of criminal conduct against him which were not investigated. There is also a motion for dismissal pending in the case against [Linn County Sheriff] Walter Grant.

PORTION OF STURGEON SUIT IS DISMISSED

Cedar Rapids Gazette—Nov 13, 1975

U.S. Judge Edward J. McManus has dismissed part of a suit brought by… Thomas Sturgeon against Linn Sheriff Walter Grant, but said asserted claims under civil rights statutes remain unresolved. The section in the Grant suit retained was one in which Sturgeon charges the sheriff unlawfully held him in jail. [Sturgeon] also has claims brought under the Fourth amendment dealing with warrants and search of his clothing at the jail.

TRIAL BEGINS IN CIVIL SUIT AGAINST LINN SHERIFF

Cedar Rapids Gazette—Nov 17, 1975

A jury trial began Monday morning in Cedar Rapids federal court on the $23.4 million civil suit filed by… Thomas Sturgeon against… Walter Grant… In taking the stand as his own first witness, Sturgeon said his health had been hampered by the experience [of his arrest] and claimed “you can’t put a price tag on health.” As to Grant’s alleged denial of Sturgeon’s constitutional rights, the plaintiff noted, “you have to put some sort of figure on it.” It is the defense’s argument that Grant was acting in his lawful role as sheriff and that none of Sturgeon’s claims are valid. The defense contends Sturgeon was at all times lawfully held and that he was not deprived, at any time, of counsel or medical attention.

Sturgeon admitted in court he was represented by a lawyer at all court appearances and that he was treated at Mercy hospital on the day of his arrest. He also admitted he had no personal contact with Grant…  A jury of five women and one man is hearing the case, which is expected to last at least two days.

JURY RULES GRANT DIDN’T VIOLATE STURGEON’S RIGHTS

Cedar Rapids Gazette—Nov 19, 1975

After less than two hours of deliberation Tuesday afternoon, a six-person Cedar Rapids federal court jury decided Linn county Sheriff Walter Grant did not violate the civil rights of Thomas Sturgeon in connection with the former Cedar Rapids chiropractor’s arrest on counterfeiting charges in 1973… The jury… cleared the sheriff of any wrongdoing and awarded Sturgeon no money. The action marked the conclusion of Sturgeon’s numerous legal activities arising out of  his arrest… on Jan. 31, 1973… The defense attorney characterized the suit as one of “spite,” and without basis. “It is my opinion,” he told the jury, “this is a frivolous action arising out of anger on the part of Dr. Sturgeon because he was arrested.”

Both Sturgeon, who prepared the lawsuit personally, and his court-appointed lawyer made closing statements. The plaintiff said Grant “knowingly deprived me of various constitutional rights” and argued, “If it could happen to me, it could happen to anybody.” Because of the sheriff’s actions, he asserted, he had lost his standing in the community, his reputation, his profession and the respect of those who know him. “You cannot put dollars and cents value on what I and my wife have suffered,” Sturgeon commented…

CHIROPRACTOR CHARGED

Olwein Daily Register—Aug 2, 1990

A retired Cedar Rapids chiropractor was arrested on two sex-related charges involving teenagers. Dr. Thomas Sturgeon, 64, was arrested at his home by Linn County Sheriff’s deputies and charged with third-degree sexual abuse and assault with intent to commit sexual abuse. According to documents filed by the County Attorney’s office, Sturgeon is accused of performing a sex act on a 13-year-old boy during the past year. Court records allege the act occurred on a chiropractic table inside Sturgeon’s home. Sturgeon is also accused of the attempted sexual abuse of a 14-year-old girl on March 15. According to statements made to investigators, Sturgeon fondled the victim’s breasts after attempting to hypnotize her on the same table.

DEATHS

Cedar Rapids Gazette—Mar 11, 1999

Thomas C. Sturgeon Jr., 73, of 1050 Fourth Ave. SE, died Thursday, March 4, 1999, in Living Center West after an extended illness. Services: 3 p.m. Friday, Cedar Memorial Chapel of Memories, by the Rev. William Harnish. Burial: Cedar Memorial Park Cemetery. Friends may call after 2 p.m. Friday at the chapel. Arrangements are by Cedar Memorial Funeral Home. Survivors include his wife, Ramza; and a daughter, Pam Sturgeon Hough of Cedar Rapids. Also surviving are two grandchildren, one great-grandchild, and many nieces and nephews.

He was preceded in death by a brother, Gene, and a sister, Irene Bakehouse. He was born Oct. 20, 1925, in Cedar Rapids to Thomas and Flossie Sturgeon and was married to Ramza Abodeely on July 10, 1955, in Cedar Rapids. He graduated from Palmer Chiropractic School in Davenport and was a chiropractor in this area for many years. He served in the Army during World War II.

DEATHS

Cedar Rapids Gazette—Feb 27, 2000

Ramza Abodeely Sturgeon,75, of Living Center West, died there Friday, Feb. 25, 2000, following a long illness. Services: 10 a.m. Monday, St. George Orthodox Church, with Father Paul Baba officiating. Burial: Oak Hill Cemetery. Friends may call at the St. George Orthodox Church from 4 to 8 p.m. today, where a Trisagion service will begin at 7 p.m. Arrangements are by the Cedar Memorial Funeral Home. Surviving are four sisters, Mrs. Alma Ellis of Madison, W.Va., Vivian Nemer and husband Fauzie of Cedar Rapids, Vickie Sedlacek and husband Dr. Robert A. of Cedar Rapids and Loretta Haddy and husband Joe of Cedar Rapids; two brothers, Kenneth Abodeely and wife Joyce of Marion and George T. Abodeely of Cedar Rapids; and many nieces and nephews. Ramza was born on Aug. 12, 1924, in Lowell, Mass., to the Rev. Thomas and Ida Abodeely, and was married to Dr. Thomas C. Sturgeon Jr. on July 10, 1955, in Cedar Rapids. He preceded her in death on March 4, 1999. She had owned and operated Ramza’s Beauty Shop in Cedar Rapids for many years. She was a member of St. George Orthodox Church and the choir and ladies auxiliary at the church. She was a graduate of McKinley High School and the Paris Beauty Academy in Cedar Rapids. She loved her church, the many customers she served at Ramza’s Beauty Shop over the years and her family. She will be dearly missed by all who knew her. In lieu of flowers, contributions may be made to St. George Orthodox Church, c/o the Building Fund.

Perry Henry Harris

U.S. 8th Circuit Court of Appeals

UNITED STATES v CARLOS WILLIAMS

 United States Court of Appeals for the eighth circuit

No. 97-1930

United States of America, 

Plaintiff – Appellee,  Appeal from the United States  v. District Court for the Northern District of Iowa.

Carlos Williams,  Defendant – Appellant.

Submitted: October 21, 1997

Filed: March 20, 1998

Before RICHARD S. ARNOLD, Chief Judge, LOKEN and HANSEN, Circuit Judges.

After conditionally pleading guilty to possession with intent to distribute crack cocaine, see 21 U.S.C. § 841(a)(1), Carlos Williams appeals the denial of his motion to suppress narcotics seized during a warrantless search. Reviewing the district court’s   1   Fourth Amendment conclusions of law de novo , see United States v. Martinez , 78 F.3d 399, 401 (8th Cir. 1996), we conclude the police had reasonable suspicion of drug trafficking to conduct an investigative stop of the car in which Williams was a passenger, and that they acquired probable cause to arrest Williams and seize the cocaine during a protective pat-down search. We therefore affirm.

At the suppression hearing, Officer Dominic Wibe testified that he served as spotter for the Cedar Rapids Police Department’s street interdiction detail on the evening of June 20, 1995. Using high-powered binoculars from an elevated position about seventy-five yards away, Officer Wibe observed the front of the CIO Tavern, located in an area where citizens had complained of drug trafficking. At 9:15 p.m., Wibe saw Charles Cook and Williams park a car in front of the tavern and go inside. Minutes later, Perry Harris and George Ratliff arrived in a second car and parked in front of the tavern. Harris entered the bar and soon returned to speak with Ratliff, who was now standing outside the car. Ratliff handed Harris money, and Harris re-entered the tavern. Cook soon exited the tavern, spoke to Ratliff, and went to his car. Williams followed Cook out of the tavern and approached Ratliff, and Harris came out and joined them. Williams took some items from his right front pants pocket and held them out to Ratliff, who selected from the offering. Williams returned the remaining items to his pocket, while Ratliff and Harris looked at what Ratliff had selected. All four then drove away in the two vehicles.

Officer Wibe, an experienced narcotics officer who had once attempted to purchase narcotics from Williams while working under cover, testified that he was “100 percent certain” that this ten-minute sequence of events was an illegal drug transaction. Wibe inferred that Harris had acted as intermediary because Ratliff did not know Williams and Cook well enough to buy from them directly, that Harris had delivered Ratliff’s money to Williams or Cook in the tavern, and that Williams had completed the exchange by offering Ratliff a choice of the illegal drugs Williams was carrying in his pants pocket. Wibe immediately radioed fellow officers that he had just observed a drug transaction and that the passenger in Cook’s car was likely carrying narcotics in his pants pocket. Wibe provided license plate numbers, described the cars and the clothing worn by their occupants, and directed that the two cars be stopped.

Officer Scott Syverson, the other government witness at the suppression hearing, testified that he and Officer McDaniel received Wibe’s radio transmission and stopped the car driven by Cook. Syverson approached passenger Williams and reviewed the identification he provided. Syverson told Williams the reason for the stop and asked him to exit the car. Syverson radioed Wibe, who confirmed that Williams was the right person to be questioned about the events Wibe had observed. Syverson then patted Williams down for weapons. When Syverson felt a bulge in the pants pocket where Wibe said narcotics would likely be found, Syverson reached in that pocket, removed crack cocaine, powder cocaine, and marijuana from the pocket, and arrested Williams. This prosecution followed.

On appeal, Williams first argues that Officer Wibe lacked probable cause to order the stop of the car in which Williams was riding because Wibe could not see well enough — by street light, from a distance, and through binoculars — to determine that Williams, Ratliff, Harris, and Cook were engaged in an illegal drug transaction. However, the issue at this point in the scenario is whether Wibe saw enough to form a reasonable, articulable suspicion that criminal activity was afoot, thereby justifying an investigative stop of the car. See Terry v. Ohio , 392 U.S. 1, 25-31 (1968). Wibe’s decision to order an investigative stop was unquestionably justified. Wibe observed behavior consistent with his knowledge of illegal narcotics street sales outside a tavern in a suspected drug trafficking area, and the behavior involved Williams, whom Wibe had suspected of drug trafficking in the past. Although the interplay could have been innocent, Wibe had reasonable suspicion that both Williams and Ratliff left this scene with drugs in their possession, evidence of criminal activity that might be uncovered by a prompt investigative stop of the highly mobile participants. Officer Wibe violated no Fourth Amendment rights by directing an investigative stop of the two cars. The scene now shifts to Officer Syverson’s discovery of the incriminating narcotics in Williams’s pants pocket. Syverson was of course entitled to rely on information provided by Officer Wibe in stopping the car in which Williams was riding. See United States v. Robinson , 119 F.3d 663, 666-67 (8th Cir. 1996); United States v. Riley , 927 F.2d 1045, 1048-49 (8th Cir. 1991). Once an investigative stop has been initiated, a police officer who has reason to believe that the person stopped may be armed and dangerous may conduct a pat-down search for weapons to protect officer safety. See Adams v. Williams , 407 U.S. 143, 146 (1972); United States v. Menard , 95 F.3d 9, 11 (8th Cir. 1996), and cases cited. In this case, Williams concedes that Officer Syverson’s decision to conduct a pat-down search was reasonable.

Williams argues, however, that Officer Syverson exceeded the permissible scope of a pat-down search when he removed the bulge from Williams’s pocket. We disagree. When an officer discovers contraband during the course of a legitimate Terry search, “the Fourth Amendment does not require its suppression.” Michigan v. Long , 463 U.S. 1032, 1050 (1983). Typically, such discoveries are made when contraband comes into plain view of the officer conducting a protective search. But the principle is not limited to what can be seen. “If a police officer lawfully pats down a suspect’s outer clothing and feels an object whose contour or mass makes its identity immediately apparent, there has been no invasion of the suspect’s privacy beyond that already authorized by the officer’s search for weapons.” Minnesota v. Dickerson , 113 S. Ct. 2130, 2137 (1993); see United States v. Craft , 30 F.3d 1044 (8th Cir. 1994); United States v. Hughes , 15 F.3d 798, 802 (8th Cir. 1994). Here, Williams argues that Syverson went too far because the incriminating nature of the bulge in Williams’s pants pocket was not “immediately apparent.” But that ignores the very basis for the Terry stop — the fact that Officer Wibe had seen Williams put what Wibe reasonably believed to be illegal narcotics in that very pocket only minutes before the stop. Based upon the information Wibe had supplied, the reasonable suspicion that justified an investigative stop rose to probable cause when Officer Syverson felt the confirming bulge in Williams’s pocket. See United States v. Rogers , 129 F.3d 76, 80 (2d Cir. 1997) (immediately apparent under Dickerson means “anytime in the course of a search conducted within the bounds of Terry”). Therefore, Syverson lawfully arrested Williams and removed the incriminating evidence from his pocket incident to that arrest, and Williams’s motion to suppress was properly denied. See United States v. Turpin , 920 F.2d 1377, 1386 (8th Cir. 1990) (substantially contemporaneous search may precede arrest so long as probable cause to arrest existed before the search), cert. denied , 499 U.S. 953 (1991).

The judgment of the district court is affirmed.

A true copy.

Attest: CLERK, U. S. COURT OF APPEALS EIGHTH CIRCUIT.

James “Junior” Browning

MAN SEEKING TO HALT WOMAN’S USE OF HIS NAME

Cedar Rapids Gazette—Jul 29, 1970

Louis Butler of Cedar Rapids is seeking an injunction barring Flossie Wright from using the name Flossie Butler. In a petition in Linn district court Butler says the real name of the woman is Flossie Wright and that she has no legal right to the name Butler. He says he has never een married to her by a ceremony or at common law, but that he has had to defend in numerous law suits and collection matters which her use of the name Butler has caused to be filed against him. As a result, according to the petition, his reputation and credit rating has been damaged.

OBITUARIES

Cedar Rapids Gazette—May 10, 1972

Melissa Ann Wright, infant daughter of Henry Davison and Flossie Wright… died Wednesday. She was born May 4 in Cedar Rapids. In addition to her parents she is survived by four sisters… her grandmother, Alvernia Franklin and her stepgrandfather, Sammy Franklin… a grandfather Henry Browning, Camden, Ark… and a great-grandmother, Elizabeth Beets, Fordyce, Ark.

FIVE ARRESTED OVER WEEKEND ON ASSAULT COUNTS

Cedar Rapids Gazette—Jun 19, 1972

James Browning, 24, of 1206 Fifth avenue SE, was arrested Sunday night on a Powers warrant. Dianne E. Brockway, 1206 Fifth avenue SE, claimed Browning beat her at her residence. Browning appeared before Powers and pled innocent to the charge. He was released from jail upon posting $110 bond.

COUNTS AGAINST THREE DISMISSED IN COURT

Cedar Rapids Gazette—Nov 20, 1972

Three persons appeared in municipal court last week and had the charges against them dismissed. James Browning, jr., 1022 Sixth street SE, was charged with assault and battery on information signed by Delores Browning on Sept. 30.

GUILTY PLEAS TO LESSER COUNTS ENTERED BY SIX

Cedar Rapids Gazette—Feb 16, 1973

Six people have appeared in municipal court and pled guilty to amended charges… James Browning, jr., 1014 Sixth street SE, pled guilty last week to a charge of manner of conveyance and was given a 30-day suspended jail sentence. He was charged with carrying a concealed weapon—a knife—on Dec. 8.

JAMES BROWNING ACCUSED OF ASSAULT

Cedar Rapids Gazette—May 15, 1973

James Browning… was arrested Monday on a charge of assault and battery. Browning was arrested on a warrant issued by Justice of the Peace Vince Hall, charging him with assaulting a Cedar Rapids woman in her home Friday. He was released after posting $110 bond.

FORGERY AND ROBBERY CASES TO GRAND JURY

Cedar Rapids Gazette—Jun 28, 1973

… James Browning, 1017 Nineteenth street SE, was bound over on a charge of robbery with aggravation. He is charged with robbing Vicky Lyon of $75 on May 22.

MAN ARRESTED ON 2 CHARGES

Cedar Rapids Gazette—Mar 25, 1974

James Browning, jr., 26, of 1014 Sixth street SE, was arrested Sunday night on two warrants charging him with assault and battery and criminal trespass. He is accused of assaulting Robert Scott Jones… on Feb 23, and trespassing at Jones’ home. He was being held in the Linn county jail in $250 bond Monday morning.

SENTENCE SUSPENDED ON TRESPASS CHARGE

Cedar Rapids Gazette—Apr 15, 1974

James Browning… appeared in magistrate’s court last week on two charges. The assault and battery charge was dismissed on a motion of the state… Browning pled guilty to a charge of criminal trespass and was given a 20-day suspended jail sentence…

PAIR JAILED ON ROBBERY COUNT

Cedar Rapids Gazette—Dec 16, 1974

Two men were being held Monday in the Linn county jail under $10,000 bond each on a charge of robbery. James Browning, jr., 27 of 1015 Tenth avenue SE, and Carl Hobbs, 25, 0f 1024 Sixteenth street SE, are accused of robbing Gregory Karrick, Magnus hotel, of $30 cash Sunday night, possibly at knife-point. Police said the robbery occurred while Karrick was riding with the two men in the car in the 800 block of Fifth street SE. Karrick suffered a small cut at the back of his head but did not require treatment, police said.

J.J. BROWNING FOUND GUILTY OF CHECK CHARGE

Cedar Rapids Gazette—Apr 3, 1975

James Junior Browning has been found guilty of uttering a forged instrument in connection with an attempt to pass a check for $195.08 at a northeast Cedar Rapids bank on Nov. 26. A Linn district court jury returned the verdict against the 27-year-old Cedar Rapids man Thursday morning, after about four hours’ deliberation. Sentencing is scheduled for May 7. Testifying against Browning was Cleo Wallace, an alleged accomplice in the crime. Wallace earlier received a suspended sentence of one year in the county jail on a reduced charge of gross frauds and cheats at common law…

BROWNING GETS 10 YEARS ON CHECK CHARGE

Cedar Rapids Gazette—Jul 7, 1975

James Junior Browning, 27… Monday was sentenced to up to ten years in the men’s reformatory at Anamosa on a charge of uttering a forged instrument… Judge August Honsel denied a motion by Browning’s attorney to set aside the verdict. The motion was based on the manner in which the petit jury was selected.

BROWNING FOUND GUILTY OF FALSE PRETENSES COUNT

Cedar Rapids Gazette—Feb 19, 1976

James Junior Browning has been found guilty of false pretences in the Nov 30 passing of a check at the Eagle store at 2828 First avenue SE. A Linn district court jury returned the verdict against the 28-year-old Cedar Rapids man on Wednesday afternoon after about an hour’s deliberation. State’s witnesses included two Cedar Rapids women, Merilee Rollins and Pamela Sue Collins, who admitted being accomplices. They said they had gone along with Browning’s plan to have one of them use checks from the depleted account of the other. The jury was advised that the two had received an offer from the state to recommend a suspended sentence upon a guilty plea. The defense centered around the contention that the wrong charge had been filed, that it should have been conspiracy or receiving stolen property.

INJUSTICE

Cedar Rapids Gazette—Mar 3, 1976

To the Editor:

In reference to the trial of my son, James Junior Browning, held Feb. 17 and 18, preceded by a hearing on Feb. 6, several questions come to mind.

First, during the hearing, there was no evidence pointing toward my son that showed him committing a felony. The judges ha only verbal statements that were indifferent. The two detectives’ stories were obtained while my son was sick. I would like to know how a statement from a sick person holds up in court. During the jury trial, my son was found guilty of aiding and abetting, yet the newspaper stated that he had been found guilty of false pretense passing a check. There were witnesses who stated under oath that they wrote the check. My son did not write the check or put his hands on it. Other witnesses could not identify my son a being in the store at the time the check was written.

I am not going to say my son did not know about this check. However, others knew about it, who were not brought to trial or questioned. How does the county attorney’s office pick out its victims and leave out others?… Why was so much pressure put on my son for this particular case?  It is plain to see it is a frame-up, where others are guilty yet nothing is being done to convict them.

I know that our judicial system in most cases tries to be just to all, but in the case there were two witnesses who turned state’s evidence (made a deal with the prosecuting attorney) that if they testified against my son, they would be given a suspended sentence. To my knowledge, these witnesses have not even been tried. In fact, during the trial of my son, one of the witnesses stopped in the middle of the interrogation while on the stand and asked the prosecuting attorney if their deal still stood.

As the trial ended, I cannot see why the jury found my son guilty of something he obviously didn’t do. I feel that my son was singled out, prosecuted and found guilty unjustly. I cannot find any justifiable reason for sending him to jail for something that someone else did… I do not believe that the citizens of Linn county will permit this type of justice to continue.

Alvernia Franklin, 1022 Sixth street SE

TWO SENTENCED IN LINN COURT

Cedar Rapids Gazette—Mar 10, 1976

Action has been taken on the following cases in Linn district court. James Junior Browning received a sentence of up to seven years in the penitentiary on his jury conviction on a false pretenses charge…

THREE JAILED AFTER MARBLE CHIPS STOLEN

Cedar Rapids Gazette—Apr 7, 1976

Three Cedar Rapids men were being held in lieu of $125 bond each in Linn county jail Wednesday on charges of larceny. James Junior Browning… Willie Benjamin Love… and Jesse James Clark… were arrested by Cedar Rapids police at about 2 a.m. Wednesday in the 2700 block of Fourth avenue SE. They are accused of stealing $8.89 worth of marble chips from Drug Town, 2405 Mt. Vernon road SE.

MAN ARRESTED ON LARCENY CHARGE

Cedar Rapids Gazette—Sept 19, 1976

James Junior Browning… Saturday morning was arrested by police on charges of larceny in the nighttime. According to police reports, the arrest was in connection with a Sept. 8 theft of an item at a garage located at 4985 Kessler road NW. Browning was picked up Saturday at 10 a.m. at 310 Second avenue SW. HE was taken to the Linn jail in lieu of $5,000 bond.

FREE ON APPEAL, HE’S CONVICTED THIRD TIME

Cedar Rapids Gazette—Apr 7, 1977

A 29-year-old Cedar Rapids man, who is free on appeal bond from two previous convictions, has been found guilty of receiving stolen property. A Linn district court jury returned the verdict against James Junior Browning after deliberating about an hour and a half Tuesday afternoon. Browning was accused of having stereo speakers valued at $300 in his possession on Jan. 10,, knowing they had been stolen. The speakers had been reported stolen in a breakin at a Cedar Rapids residence. Browning was sentence to up to ten years in prison on July 7, 1975 on a charge of uttering a forged instrument. He posted $2,500 appeal bond in that case. He then was charged with false pretenses in a Nov. 31, 1975, incident and was sentenced… to serve seven years in prison. He posted a $5,000 appeal bond in that case. He is to be sentenced on the third conviction on April 27.

THIRD AVENUE DIVISION—LINN DISTRICT COURT

Cedar Rapids Gazette—May 5, 1977

James Junior Browning received a sentence of up to five years in the penitentiary on a  charge of receiving stolen property. The sentence is to be served consecutive to earlier concurrent sentences of up to seven years and up to ten years imposed earlier…

EIGHT ARRESTED ON A VARIETY OF CHARGES

Cedar Rapids Gazette—Jun 22, 1977

Eight persons were arrested by area law officers Monday and Tuesday on a variety of charges… James Junior Browning… was charged with larceny of a motor vehicle about 1 a.m. Tuesday. The arrest was made in connection with a report filed by Pam Orr… Miss Orr was charged with fighting after officers were sent to the 600 block of Fifth avenue SE and allegedly observed her striking the defendant.

OBITUARIES

Cedar Rapids Gazette—Aug 6, 2003

James J. Browning Sr., 55… died Monday, Aug. 4, 2003 in University Hospitals, Iowa City, following a short illness. Services: 1 PM Saturday, Gospel Tabernacle Church by the Rev. Paul Beets. Friends may call at the church from 11 AM until service time. Burial : Oak Hill Cemetery. Survivors include his children, Annette, Dana, Andrew, Marcee, James, Shannon, Cory, Jamie, Elizabeth, Donta, Jessica, Chantel and Nancy; his mother, Alvernia Beets Franklin; his siblings, King Browning, Dennis Watson of Albuquerque, N. M., Shawn Franklin, Donnie Franklin, Flossie Wright, Floristine Barbara, Earnestine Clark, Harriett Franklin and Vernell Franklin, all of Cedar Rapids. Also surviving are 16 grandchildren. He was preceded in death by his son, Michael Browning; his father, Henry Browning Jr., and a brother Excell Browning.

James was born Nov. 27, 1947, in Thornton, Ark., the son of Henry and Alvernia Browning. He was a construction worker. He enjoyed fishing and traveling. A memorial fund has been established by the family.

Wendell Beets

FORMER PASTOR GETS MAX SENTENCE

Olwein Daily Register—Mar 17, 1994

Despite his pleas for counseling, a Cedar Rapids pastor has been given a maximum prison sentence for assaulting a young female church member in 1992. Associate District Judge Michael Newmeister on Wednesday sentenced the Rev. Wendell Beets to up to two years in prison for attacking Kim Frazier of Cedar Rapids, now 20, while they were alone in his van the night of July 19, 1992.

During a trial last October, the former pastor at the Sound Doctrine Church of God in Christ testified Frazier was a flirtatious, amorous young woman who lured him into the encounter. In December, Newmeister found Beets, 48, guilty of assault with the intent to commit sexual abuse. Newmeister scolded Beets before Wednesday’s sentencing, saying the former pastor is still blaming others for the incident. “I feel sorry for your family,” Newmeister told Beets.

Beets declined comment after sentencing. His attorneys, Jerald Kinnamon and Dean Keegan, said the conviction and sentence will be appealed. Along with Beets’ wife, Kinnamon argued for probation and counseling. Beets did not have a violent history, and an evaluation determined he did not suffer from a psychosis, Kinnamon said.

WENDELL A. BEETS v IA DEPT. OF CORRECT.

United States Court of Appeals for the eighth circuit

No. 97-2898

Appeal from the United States District Court for the  Northern District of Iowa.

Wendell A. Beets, Appellant, v. Iowa Department of Corrections Services, Director; State of Iowa, Appellees.

Submitted: October 19, 1998

Filed: January 8, 1999

Before BOWMAN, Chief Judge, RICHARD S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges. 

Wendell A. Beets, who was convicted of assault with intent to commit sexual abuse in violation of Iowa Code § 709.11 (1991), appeals from the judgment of the District Court    denying Beets’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994). Beets argues the District Court erred in concluding that the state trial court’s reliance on an erroneous jury instruction in Beets’s trial before the bench did not violate Beets’s Fourteenth Amendment right to due process. We affirm.

We begin with the facts of the crime as determined by the state trial court, which found the testimony of the victim, Kim Frazier, to be an accurate account of the pertinent events.

Kim Frazier and her parents were long-standing, active members of the Sound Doctrine Church in Cedar Rapids, Iowa. Frazier regularly sang in the church choir, which periodically toured various other churches to perform during Sunday services. On Sunday, July 19, 1992, the choir, additional church members, and Pastor Wendell A. Beets journeyed via chartered bus to Des Moines to sing at a church function and engage in other church activities. At around midnight on the night of July 19, the choir returned to Cedar Rapids and the parking lot of the Sound Doctrine Church. Because Frazier did not have a car at the church, she, along with roughly a dozen other church members, rode home on the church van. Wendell Beets drove the van.

As Beets neared the end of the route connecting the various church members’ homes, he dropped off Frazier’s cousin at her destination three blocks from Frazier’s home, leaving only Frazier and Beets in the van. Beets apparently made sure that he and Frazier would be alone in the van by manipulating the order in which he dropped off the various church members. Despite the late hour and the proximity to Frazier’s home, Beets insisted that Frazier accompany him to look at a car she might be interested in buying, and Frazier grudgingly consented. After a protracted drive taking Frazier and Beets outside the Cedar Rapids city limits, Frazier found herself, not at a used car lot as Beets had represented, but on a dark, unfamiliar gravel road in rural Linn County, Iowa.

Upon stopping the van, Beets moved toward the passenger seat where Frazier was sitting, lunged at her, and began trying to kiss her. Although Frazier objected, Beets, who was much larger than Frazier, persisted in kissing Frazier on the face and neck. As Frazier struggled to protest further, Beets inserted his hands inside Frazier’s shirt and fondled her chest. Beets used one of his legs to pry open Frazier’s legs and reached under her skirt to fondle her inner thighs and vagina. Beets took Frazier’s hand in his own and attempted to place her hand on his penis, which at some earlier point had been removed from Beets’s pants. Although Beets’s exposed penis never touched Frazier’s hand, it came into contact with Frazier’s upper leg, very close to her vaginal area.

When Frazier finally began to weep and covered her face with her hands, Beets ceased his advances and withdrew to the driver’s seat of the van. Beets apparently realized the depravity of his behavior and expressed remorse for his weakness. He also pleaded with Frazier not to reveal the night’s events to anyone for fear that his good reputation would be destroyed and the church community and Frazier’s family would suffer. The entire episode, from the time the van stopped to Beets’s attempts at penitence, lasted approximately thirty to forty-five minutes.

Beets was charged in Linn County, Iowa, with assault with intent to commit sexual abuse in violation of Iowa Code § 709.11. Beets waived his right to a jury trial, and his trial was conducted with the Iowa district court sitting as factfinder. The trial court made findings of fact and drew conclusions of law, found Beets guilty beyond a reasonable doubt, and sentenced him to a prison term not to exceed two years. Beets appealed to the Supreme Court of Iowa, claiming that the instruction upon which the trial court relied, Iowa Criminal Jury Instruction 900.6, omitted an essential element of the crime for which Beets was convicted. The Supreme Court of Iowa concluded that the uniform instruction was “not a correct statement of the law,” but affirmed Beets’s conviction because Beets was not prejudiced by the erroneous instruction.

State v. Beets , 528 N.W.2d 521 (Iowa 1995).

OBITUARIES

Cedar Rapids Gazette—Nov 7, 2003

Marcus Lenard Beets, 21, of 1021 Ninth St. SE, Cedar Rapids, died Wednesday, Nov 5, 2003 at University Hospitals, Iowa City, following a short illness. Services: 1 PM Saturday, Nov. 8, at Gospel Tabernacle Church, Cedar Rapids, by the Rev. Wendell Beets and Bishop Paul Beets. Visitation from 4 to 8 PM today at Murdoch-Linwood Funeral Home & Cremation Service, Cedar Rapids. Burial: Linwood Cemetery, Cedar Rapids.

Survivors include his parents, Colbert and Sandra (Waddell) Beets… his aunts and uncles, the Rev. Wendell Beets and wife Lenora…  Bishop Paul Beets and wife Mary of Marion… Alvernia Franklin of Cedar Rapids… LaVernia Johnson and husband Joseph of Chicago…

OBITUARIES

Cedar Rapids Gazette—Feb 12, 2008

Lavernia “Smokey” Johnson, 80… died Monday, Feb. 11, 2008, in her home following a long illness. Services: 1 p.m. Saturday, Word of Faith Pentecostal Church of God in Christ, Cedar Rapids, by the Rev. Wendell Beets… Survivors include her children…  one sister, Alvernia Franklin of Cedar Rapids; two brothers, Colbert “Billy” (Sandy) Beets of Cedar Rapids and the Rev. Wendell (Lenora) Beets of Cedar Rapids; and a host of nieces, nephews and cousins…