Essential Estrogen

The Iowa Court of Appeals has ruled that a homeless man now serving a life sentence in connection with the 2005 kidnapping and molesting of a toddler in a Des Moines library restroom should be granted a new trial because his request for a lawyer was disregarded by law enforcement.

In a swift 2006 jury decision James Carson Effler, 35, was sentenced to life in prison without parole for the first-degree kidnapping of a 20-month-old girl that took place in a Des Moines Public Library in October 2005. The arrest and conviction stemmed from an incident in which Effler, a previously convicted sex offender who had neglected to register in Iowa, was discovered in a library bathroom with the nude girl, his own shirt removed. The girl had been in the company of a babysitter who was using a computer terminal at the library when the toddler went missing. Workers and the babysitter heard the girl scream from behind the locked bathroom door. A library worker opened the door with a screwdriver and exposed the scene within. Library workers then held Effler in the restroom while police were summoned to the library.

The girl was transported to a local hospital and seen by a doctor that specialized in sexually abused children. After conducting a visual exam of the girl's genitals, the doctor found "nothing remarkable," but noted that her labia were "a little bit red."

Effler was transported to the police station where law enforcement video taped an interview with him. The detective noted the suspect smelled strongly of alcohol and stated that Effler "clearly had been drinking." A urine test later showed Effler had a 0.094 blood alcohol level. During the course of the interview, prior to Effler's video taped confession of molesting the the girl, Effler said, "I do want a court-appointed lawyer." The detective affirmed he could have one and then Effler stated, "If I go to jail."

The detective, after providing Effler with a cigarette, continued the interview in which Effler described how he locked the bathroom door, took off the girl's clothing and touched and licked her genital area. He also told the detective that he had masturbated and tried to place his penis inside the toddler's vagina.

Effler's counsel attempted to suppress the video confession and all statements made during the interview on the grounds that Effler's right to counsel had been violated. Polk County District Court Judge Artis Reis heard the argument and concluded that Effler's request for counsel had been "conditioned upon his going to jail" and allowed the tape and statements as evidence.

In the opinion handed down this morning, Judge Robert Mahan wrote, "In sum, we conclude Effler's Fifth Amendment right to an attorney was violated and the district court erred by not granting Effler's motion to suppress the statements he made to officers after he had requested an attorney. In addition, we conclude such error was not harmless beyond a reasonable doubt. We therefore reverse the district court's judgment of conviction and sentence and remand the case for a new trail."

Once it was revealed that Effler had previously used computers at the library to view pornography over the Internet, the case sparked a firestorm of calls for Internet filtering of content at public libraries. The American Library Association opposes Internet filtering as do many libraries throughout Iowa. Libraries that choose not to filter are subject to federal funding being withheld under the Children's Internet Protection Act.