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May 5, 2008

Three Kids, a Road Trip and a Funeral

The morning of Friday, April 28, I received a phone call that sparked a chain of events that took the three children and me on a road trip to Oklahoma. Needless to say, it was the type of phone call that no one ever wants to receive.

There was a house fire -- Debbie has died. We don't know much else yet, but there is one more thing. God, I don't want to tell you this on the phone. The authorities think it is suspicious.

I sat and listened. Then I quickly hung up and ran into the bathroom to be sick. How could something like this happen? It must be a nightmare, and, if I just will myself, I'm going to wake up.

Unfortunately, this was no nightmare that would be washed away by the dawn.

Needless to say, I wasn't good for much on Friday as I waited for more information. I've never felt more helpless than I did that day, three states away from family that I knew needed me -- that I needed. I spoke with journalists who were covering the story locally. Mostly, I just had to convince myself that this was true, that a fire really did happen and that my niece had really died. I spoke with the fire department, although they were waiting on my sister and brothers to arrive and wouldn't provide me -- the strange, hysterical reporter lady in Iowa -- much information.

I waited... debated pulling the kids out of school that day and starting the trip down south... but just kept waiting. The kids came home from school and I dreaded telling them. They weren't that close with my niece, but death always has a way of creeping into young people's thoughts when it strikes close to home.

I was to attend the 2nd District Democratic Convention on Saturday and run for re-election to the State Central Committee. On Sunday, I was supposed to go horseback riding with the Girl Scout troop. Funny how those two things -- things that seemed so important just a few hours before -- melted away as insignificant.

My large family had already begun to gather around the grieving sister. When I spoke with family Friday night, they told me to come Sunday -- that Debbie, who had been so proud that I sat on the State Central Committee, would have wanted me to attend the convention and run for re-election as I'd planned. If anyone reading this had the misfortune of hearing my so-called speech at the convention, then I don't need to tell you that my heart just wasn't in it. I'm extremely grateful for the friends who stuck around until ungodly hours to vote for me, who took it upon themselves to campaign for me during the convention and who ensured my re-election. I've no doubt that there is no way I could have done it on my own -- I was busy answering the phone, getting more bits and pieces of information from three states away.

The boyfriend is in the hospital, smoke inhalation. The fire is definitely suspicious -- investigators can't find a cause, have asked neighbors and the public to call an arson line if they saw anything. Not sure about the funeral yet, investigation may postpone it.

By the time I got home Saturday night, it was early Sunday morning. I collapsed, still dressed onto the bed and let the bottled up emotions flow freely for the first time.

My husband had to stay home, so, the next morning, the children and I packed suitcases and piled into the car for the long drive. We almost made it, but finally stopped at a hotel in Joplin, Mo. We completed the trip the following morning, driving on Oklahoma toll roads and state highways. It was amazing to see trees full of leaves and flowers already blooming.

The next few days were a blur. There was a visitation, the funeral service and family -- lots of family. Why is it that when we grow old, we tend to only gather with family at the most sad times?

The most difficult aspect of the trip was watching Debbie's 7-year-old daughter -- who looks so very much like her mother -- and 5-year-old son grieve at the funeral. Their sobbing prompted my youngest two -- just 8 and 5 -- to being their own grieving process. What can you do? There's no explanation, no reason and no real comfort. So, you hold them close and let them feel the warmth of the sun on the tops of their heads.

While I didn't have 30-some years to fall in love with my son who was stillborn, I still felt the pang of knowing what my sister would be going through in the coming months and years. Another soul with another raw gaping hole that time will never fully heal. Right now, she's not interested in knowing the hows and whys of what happened. She understands that foul play or not, her daughter is gone. Knowledge is small comfort.

Later that night, I sat on the back deck at my brother's home -- which was formerly my parent's home -- and watched the ghosts of the past at play in the yard. An old, metal swing set use to sit beside the house. One warm night Debbie and I were running around the yard, getting ready to play our favorite game, "Ghosts in the Graveyard." We decided it wasn't quite dark enough to start the game, although the sun was quickly setting. We began a game where we pushed the sawhorse on the swing set. I'd push it and she'd catch it. She'd push it and I'd catch it. It was going great until I gave it a hard push, too fast for Deb to catch. The metal bar, long missing the plastic protector at the end, smashed into Deb's face, just above her lip. The gash was deep and required several stitches.

We were both young at the time -- I think I was about 12 and she was about 8, I don't remember exactly. As we grew up, the scar moved up into her nose where only the slightest blemish could be seen -- and then, only if you looked for it. Still, I never once saw Debbie after that without that scar flashing at me like a neon sign. I cannot count the number of times I told her how sorry I was. Accidents are like that. In a single snap of time, everything changes forever.

We hugged family and friends and began our journey back home, despite the fact that it felt too soon to be leaving. Thunderstorms and tornadoes pushed at our backs as we abandoned the fastest route that was in the direct line of storms and opted for the longer drive across Missouri. I drove straight through -- not wanting to be away from my home and husband any longer, not wanting to watch nature's fury over a strange landscape (but understanding exactly how nature felt).

May 6, 2008

Organization with Conservative Ties Gives Iowa Universities Lower Ranking

High school students still debating which college or university to attend in the fall have some new information at their fingertips. Unfortunately, the information, provided by an organization with conservative ties, doesn't shine a favorable light on most Iowa institutions of higher education.

Richard Vedder, director of the Washington, D.C.-based nonprofit Center for College Affordability and Productivity (CCAP) writing for Forbes, took a direct swipe at the popular college and university rankings produced by U.S. News & World Report, saying the "rankings ought to get a D."

While the U.S. News rankings didn't give Iowa institutions glowing marks, both the University of Iowa and Iowa State University ranked in the top 100. Iowa ranked 64th while Iowa State ranked 85th on the list of all national universities. On the list of national public universities, Iowa ranked 24 and Iowa State ranked 38. Both have significant slips backward in the rankings compiled by Vedder and CCAP.

"We start with the premise that consumers want two things when they buy a good or service," Vedder wrote in an announcement on the CCAP blog. "First, they want to be satisfied using the good -- it is easy to use, safe, etc. Second, they want it to do the job for which it is intended. We think ratings of colleges should reflect how colleges do in meeting those objectives. The US News rankings are more based on resources or inputs used or on institutional reputation. The two sets of rankings are moderately highly correlated with one another, but there are important differences."

The CCAP rankings utilized student perceptions gleaned from the ratemyprofessors.com Web site, alumni presences in "Who's Who in America," student success in national award competitions, and the probability of graduating from college in four years. In writing for Forbes, Vedder explains that he believes the rankings compiled by U.S. News are the "equivalent to evaluating a chef based on the ingredients he or she uses" instead of rating the actual meal.

The CCAP rankings, however, did offer some praise for two of Iowa's liberal arts schools. Both Cornell College in Mount Vernon and Luther College in Decorah barely ranked in U.S. News' top 100. Cornell rose to CCAP's top 25, ranking 24th overall. Luther didn't rise quite as far, but moved up 10 slots to number 87 in the CCAP rankings.

Grinnell College, a private liberal arts school in Grinnell, fared much worse, dropping from 11 on the U.S. News rankings to 55th on the CCAP scorecard.

Ohio University, the school where Vedder is a professor of economics, rose on both the national university and national public university rankings.

The CCAP was founded by Vedder in 2006 with a $200,000 grant by the Searle Freedom Trust, founded by Daniel Searle. It wasn't the first time that the two teamed up. Searle was a large monetary contributor for Vedder's 2004 book, "Going Broke by Degree: Why College Costs Too Much," through a program at the American Enterprise Institute. It was Vedder's injection of personal conservative ideology in that book that has garnered him criticism as an enemy of higher education.

The attention to the book "got us thinking that there's really a lot more work to be done," Kimberly Dennis, executive director of the Searle Freedom Trust, told reporter Doug Lederman in May 2006. "No one’s looking into these issues, especially from the conservative side, and we wanted to support Rich’s interest in trying to figure out why higher education is so expensive, and what kind of policy mechanisms we could adopt that might make it more affordable.”

In addition to his work in relation to higher education, Vedder has partnered with Steve Moore, a former senior fellow at the Cato Institute and former president, chief executive officer and founder of Club for Growth, and Lowell Gallaway, another professor of economics at Ohio University and former chief of the Analytic Studies Section of the Social Security Administration, to produce a study about the impact of immigration on the American economy for the Alexis de Tocqueville Institution. Gallaway and Vedder also worked to produce several studies for the U.S. Congressional Joint Economic Committee dealing with the "welfare state," economic opportunity, small business, entrepreneurs and labor.

Vedder was also a "peer reviewer" for a report for The Tobacco Institute that was published by the Alexis de Tocqueville Institution. Vedder has been a proponent of Wal-Mart as an economic stimulator and friend to the middle class. In addition, he has previously worked with Dwight Lee, another "peer reviewer" for the tobacco industry and a professor of economics at the University of Georgia, to write studies on government deficit reduction, tax cuts and monetary growth.

How Iowa Schools Ranked
CCAP  US News
All National Universities:
     University of Iowa 75 64
     Iowa State University 120 85
National Public Universities:
     University of Iowa 29 24
     Iowa State University 61 38
All Liberal Arts Schools:
     Cornell College 21 97
     Grinnell College 55 11
     Luther College 87 97

May 7, 2008

House Challenger Radke Takes Another Swing

Iowa House District 10 Democratic challenger Susan RadkeThere was never a doubt in Susan Radke's mind that she would make a second bid as a Democrat in typically progressive Iowa House District 10. Only 680 votes out of more than 12,000 cast separated Radke and current Republican incumbent Dave Deyoe when they faced off for the open seat in 2006. But before she can fully return her attention to the candidate she's already faced, she has two hurdles to jump: Josh Eaton and Sam Juhl. The men are also Democratic candidates vying to appear on the November ballot and opponents Radke must face in a June primary.

Eaton is a member of the International Brotherhood of Electrical Workers. Juhl, a student at Des Moines Area Community College, received national attention in 2005 when he was elected mayor of Roland at age 18. Radke, a resident of Nevada, Iowa, and vice president of the local American Federation of State, County and Municipal Employees, says she doesn't know of any specific reasons or issues that led the other two Democrats to run for the seat.Statistical Information on Iowa House District 10

"I guess you'd have to ask them," she said. "I know [Juhl] feels that students should be better represented. I've also met Eaton, but have only spoken with him briefly. I can tell you, however, that we are all in agreement that someone from the Democratic ticket would represent the people of this district -- their values and their goals -- better than our Republican opponent has and will."

Deyoe, also a Nevada resident, was first elected to the House seat in 2006 when then-Republican incumbent Jim Kurtenbach left to launch an unsuccessful bid for an open seat in the Iowa Senate. The Senate seat was vacated by Stew Iverson, the current chairman of the Republican Party of Iowa. Kurtenbach lost the Senate bid to Democrat Rich Olive.

Radke was initially encouraged to run for the House Seat by Johnie Hammond, a woman who served the Story County area for more than 20 years. Hammond served eight years in the Iowa Senate, 12 years in the Iowa House of Representatives and four years on the Story County Board of Supervisors.

"Johnie was serving on the Board of Supervisors when I first met her. I thought she was just a fantastic role model -- a great woman, who wasn't afraid to speak her mind," Radke said. "She thought things and issues through very thoroughly, and, when she made decisions, she did so with the best interests of her constituents in mind. When she was elected to the House and then to the Senate, I followed her career there too. She called me a few years ago and asked me to run. At that point, I thought Kurtenbach would be my opponent and I knew he'd be a formidable one. Still, I felt -- and still feel -- that the people in District 10 could be better represented by a Democrat."

Less than 24 hours after learning that she lost to Deyoe by 680 votes, Radke received a phone call that solidified her resolve to make another bid for the House seat.

"The day after the election, Sen. Tom Harkin phoned and told me that I had to run again," she said. "He said that I just needed to reach a few more people and gather a few more votes. So, with his encouragement, I decided to give it another try."

Radke, who grew up working on a Century Farm in Forest City, believes the people in District 10 are ready for change and that her life experiences will help bring needed reform in the areas of education, health care, renewable energy and the environment.

"I just thought it was criminal when I learned that Iowa was 42nd in the United States for teacher pay," she said. "Teachers have so much responsibility and our children are in their care for so many hours each day that I really thought they should be better paid. I'm also concerned about the early childhood development programs that are available for children. I know that our children learn so much in those early years and that a strong foundation is important for success in their later years. Early childhood development programs are essential for our state."

Radke said because of her own children's higher education, she knows firsthand about the costs of continuing education.

"With my own children, I saw the cost of tuition going up and up," she said. "I really think higher education -- not just colleges and universities, but vocational training too -- needs to be affordable for our young people in Iowa. Each person is different and each one benefits from different training. Because of that, I do think both the vocational and college training after high school are important and that we need to support those programs."

Both growing up on a farm and the influence of her husband, Jerry, a retired soil physicist who is seeking a third term on the Story County Soil and Water Conservation Commission, have sparked her interest in renewable energy and protecting Iowa's environment.

"I think, because I worked on the farm, I have a love for our land and soil," she said. "I know what a valuable resource we have and I know how hard farmers work. Of course, going to the gas station and filling the tank just takes a huge bite out of everyone's budget. I think we need to focus on renewable technology so that we can become energy independent.

"When I was a child, we use to go fishing in Clear Lake. We'd catch bullheads and Dad would throw them on the grill. We ate those fish without thinking twice. Now, I'm not sure whether or not you can eat the fish you catch in Clear Lake. It really worries me that our streams, rivers and lakes are becoming polluted. It also worries me that our air has become polluted as well. I think we have a responsibility to protect our environment for the next generation."

Radke is thankful for the district's history of promoting women to positions of power. Because of that history and women like former Sen. Johnie Hammond, Rep. Beth Wessel-Kroeschell and Rep. Lisa Heddens, who have already served, she doesn't feel that her gender played a role in the last election or will play a role in the upcoming election either. But she also acknowledges that her gender, as well as her life experiences, are a part of who she is as a person and who she will be as a state representative.

"We all bring to public service what we know," she said. "I worked as an Iowa Department of Human Services social worker, investigating child abuse cases and working with foster families and children. I also worked with the elderly and their families as a medical social worker. Mostly, I worked with families that didn't have health insurance and I think that there is no excuse for all Iowans not to have access to affordable, accessible health care. I think that can be done. I think we need to do it gradually. We need to be fiscally responsible while we do it, but we can do it.

"When we make policy decisions, those decisions are reflected by our values and beliefs. The people in this district are interested in health care and education. Most here were happy that the ban on stem cell research was reversed. I believe my values and principles are a good match with this district and that I would best serve them."

What about those 700 votes?

"I've just got to get out there and meet as many people as I can," she said with a soft laugh. "I've got to work even harder this time, listening to as many people as possible so that I know the issues they are concerned about, learning what they want me to take down to Des Moines. Our middle class is struggling and they deserve better. They deserve a government that will work together to solve the issues we face."

May 8, 2008

CR Officer Gets Six Months for On-Duty Sexual Intercourse

A 36-year-old Cedar Rapids man, who had sex with a woman during a traffic stop while he was working as a member of local law enforcement, was sentenced to six months in federal prison today.

Kevin Sims received the prison term after pleading guilty in January to one count of depriving another of civil rights. At the guilty plea, Sims admitted he was a patrol officer with the Cedar Rapids Police Department during the spring of 2004 and on-duty when he stopped a woman he knew through earlier bar checks. Sims made the stop without contacting dispatch. When the woman informed him that her driver's license was under suspension, Sims again neglected to contact dispatch for a status check and, instead, instructed the woman to pull her vehicle into a nearby park.

At that location, Sims and the woman engaged in sexual intercourse while he was still on duty, in his police uniform, and with his firearm still in his holster. According to the U.S. Attorney's Office, the woman voluntarily engaged in the act believing that by doing what Sims wanted she would escape any criminal charges. Although admitting to driving while under suspension, the woman was not arrested by Sims and was given no other citation.

Three years later, Sims was interviewed by FBI agents. He initially denied the accusations in relation to the traffic stop, but, when confronted with "other information," admitted to having intercourse with the woman. To date, law enforcement has not explained how this case surfaced three years after the fact or the nature of the "information" which led to Sims' confession.

Sims was sentenced in Cedar Rapids by Magistrate Judge Jon Stuart Scoles to six months in federal prison. A special assessment of $25 was imposed, as well as a fine of $2,000, and he will serve one year on supervised release after he serves his prison sentence. There is no parole in the federal system. Sims was released on a bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set. As a condition of his guilty plea, the former officer waived the right to appeal his conviction or sentence. As a further condition of the plea, Sims was required to resign as a police officer and is forever barred from serving as a sworn law enforcement officer.

The case was prosecuted by Assistant United States Attorney C.J. Williams and was investigated by the Federal Bureau of Investigation with the cooperation and assistance of the Cedar Rapids Police Department.

May 9, 2008

Stephanopoulos: 'The Race Is Over' and Iowa Remains First

The audience in King's Chapel on the campus of Cornell College in Mount Vernon seemed to hold its collective breath Thursday night as George Stephanopoulos gave voice to words about the Democratic presidential nomination process that most in the nation have been impatiently waiting to hear: "The race is over." The same quiet audience emitted whoops of joy a few minutes later when Stephanopoulos said that Iowa's position as the first-in-the-nation caucus state would continue.

"I want to tell you that I do think this race -- the Democratic race -- is over," Stephanopoulos said. "Tuesday night was a decisive tipping point. Mathematically it is simply not possible for Sen. [Hillary Rodham] Clinton to catch Sen. [Barack] Obama in the elected delegates. Beyond that, I think what you are starting to feel in the 48 hours or so since North Carolina and Indiana is the sense inside the Democratic Party that this has to end, that Democrats have to unify behind a single candidate and get on with the business of the general election."

As evidence of his prediction, Stephanopoulos said that Obama was expected to pick up two additional Democratic superdelegates today, placing his campaign ahead of Clinton's for the first time in terms of the coveted pledged superdelegate total.

"By the end of the day tomorrow, [Obama] will be ahead of her by that count as well, and you are going to start to see even more of the ranks closing around him," Stephanopoulos said. "I think it is very possible that Sen. Clinton will stay in the race for another week or two. You see, [Clinton] has never actually lost a race. ... I think this is really a difficult process for her to wrap her head around."

According to Stephanopoulos, Clinton's staff was telling her prior to Tuesday night that she would "win Indiana by a much larger margin -- by 8 or 10 points -- and would hold North Carolina to a very narrow loss, maybe even win it." The disappointment, he said, was evidenced on Clinton's face when she spoke late that night.

"You could see it -- those of you who were able to stay up that long -- you could see it in her face," he said. "I think she was in a little bit of shock and angry. I think she's in the process now of trying to absorb that and figure out how we get out of this primary process."

Looking past the 2008 contests, Stephanopoulos said that Obama, whom he now considers the de facto nominee, not only owes Iowa for his catapult out of the state and into the remaining contests, but, if elected to the White House in November, will reward Iowa by pushing for it to continue the role as the nation's earliest presidential nomination contest.

"As to first-in-the-nation status, I don't think that's going to change," he said. "I hope next time around is not in 2011. You know, this time it started so early that it was almost in 2007. But I think [Iowa's place] is secure. ... Especially if Obama becomes president, he will feel such loyalty to Iowa just as Pres. Clinton felt to New Hampshire that there is no way it will change."

Clancey to Retire as CR Chamber President

File Photo: Lee ClanceyLee Clancey, current president and chief executive officer of the Cedar Rapids Area Chamber of Commerce, has announced that she will retire from that position effective Sept. 1. Clancey was also the first woman elected as mayor in Cedar Rapids, a position she held for six years.

"I believe that women have the potential to be the kind of leaders who will shift paradigms, encourage and mentor others and celebrate diversity," Clancey said during the 2007 Women's Equality Day celebration in Cedar Rapids. "It's long past time for equal representation with women at the political table, in corporate American board rooms and in leadership positions at all levels. Not only are women wanted to run the nation, they are desperately needed to run it in order to bring important issues to the forefront."

The Chamber's Board of Directors is currently in the process of establishing a search committee that will be led by Brad Hart, secretary for the board and an attorney with Bradley & Riley PC. Officials are not ruling out the possibility of utilizing the services of an executive recruitment firm to assist in "a comprehensive, national search." Clancey will assist in the search effort, according to Allen Witt, chairman-elect of the board. He added that the group anticipates hiring a successor by late summer.

“During Lee’s service, the Chamber has helped our community in several important initiatives, including the transition to a new form of city government, passage of the penny tax for Linn County schools and the development of the downtown master plan,” said Ralph Russell, chairman of the board. “We sincerely thank Lee for her leadership these past three years and suspect she will continue to be a leader in our community in the future.”

During her tenure, Clancey has overseen the implementation of numerous programs for Chamber members including the Chamber Academy, pharmacy discount card, and the Community Gift Certificate. She serves as a board member with Diversity Focus, the Entrepreneurial Development Center, the Technology Corridor Business Alliance and the Iowa Chamber Alliance. She was the first executive director of the Renaissance Group (now the Downtown District).

“It has been an exciting time for me with the Chamber,” Clancey said in a prepared statement. “We have accomplished a great deal in a few short years. However, it is with a sense of excitement that I leave to move on to life’s next adventure. It is also time for the next generation to take the reins.”

Iowa Supreme Court: Commitment of Sexually Violent Predators Not Limited by Time Frame

The Iowa Supreme Court, in an opinion handed down this morning in a Warren County case, granted the state a little more wiggle room in terms of the requirements to commit an individual as a sexually violent predator.

When considering the state's petition to have Bryan Pierce committed as a sexually violent predator, the Warren County District Court found evidence to support that:

  1. Pierce had been convicted of a sexually violent offense
  2. Pierce suffered from two mental abnormalities -- pedophilia and antisocial personality disorder.

On the issue of whether Pierce was more likely than not to reoffend, the District Court ruled that the state failed to meet the burden of state law requirements since an expert witness could not offer an opinion as to whether or not Pierce would be more likely than not to reoffend within five years. Although the state's witness did testify that Pierce shares similar characteristics with sex offenders who had high rates of reoffense over six- to 15-year periods, the District Court interpreted the Iowa Code to require a "current or present likelihood of reoffense."

The Iowa Supreme Court, after establishing that the state did have the authority to appeal a refusal to commit from the District Court, reviewed the testimony of expert witness that concluded that Pierce would fall "into the higher category of risk and is someone whose level of risk would be more likely than not" to commit future sexual offenses.

"The Act does not require more precise evidence for a reasonable fact finder to conclude Pierce is dangerous and a menace to society if not committed," wrote Supreme Court Justice Michael Steit in the opinion. "The district court erred by refusing to consider evidence of Pierce's lifetime risk. ...Sexual offenses are often crimes of opportunity. It is impossible to predict when Pierce will have access to young children. However, there is abundant evidence Pierce has abused children when the opportunity was presented to him."

At the time of the commitment hearing in District Court, Pierce was 44. He already had an extensive criminal history that included convictions for burglary, interference with official acts, criminal mischief, trespass, eluding, assaulting a police officer and domestic assault. He had also been convicted of three violent sexual offenses. While living with a girlfriend in Missouri in 1987, Pierce fondled and performed oral sex on the girlfriend's 6-year-old son. Pierce pled guilty to sexual abuse in the first degree and was sentence to five years in prison.

Three years later, Pierce was living in Iowa with a different girlfriend and her children. On at least two occasions he fondled the new girlfriend's 7-year-old daughter. That same year, Pierce showed pornographic magazines to a 9-year-old girl he was babysitting and performed oral sex on her. As a result of those incidents, Pierce pled guilty to lascivious acts with a child and third-degree sexual abuse. He was sentenced to 10 years.

Pierce was scheduled for release from prison in late August 2005. However, in early August the Iowa Attorney General's Office filed a petition alleging Pierce was a sexually violent predator and should be committed. In May 2006, following a bench trial, the District Court made its ruling that the state failed to prove its case and Pierce was released from custody.

Because the District Court will now reconsider the case within the scope provided by the Iowa Supreme Court, there is a high likelihood that Pierce will be committed and returned to the custody of some maximum security, state-run facility.

May 13, 2008

Criminal Hearings Under Way; Postville Detainees Will Leave Waterloo Facility Soon

Criminal hearings are currently under way in makeshift courtrooms in Waterloo for 20 of the nearly 400 individuals detained following a Monday immigration raid of meatpacking plant Agriprocessors, Inc. in Postville.

In a press conference this afternoon in Cedar Rapids, Matt Dummermuth, U.S. Attorney for the Northern District of Iowa, and Claude Arnold, special agent with Immigration and Customs Enforcement (ICE), said the process of separating individuals charged in a criminal offense from those only facing administrative charges remains underway and more criminal charges are expected.

"As of right now 20 people have been arrested on criminal charges following their administrative arrest," Dummermuth said. "This includes 10 men and 10 women so far. Those people -- and any others who are arrested on federal criminal charges -- will appear in federal court in Waterloo."

Temporary courtrooms have been placed at the National Cattle Congress in Waterloo. It marks the first time since 1996 that the court has temporarily moved to handle criminal cases related to immigration work site enforcement operations. Dummermuth said that the exact criminal charges vary from individual to individual, but include felony allegations of aggravated identity theft and false use of social security numbers.

"Those charged criminally will receive attorneys and will appear before a Federal Magistrate Judge for an initial appearance," Dummermuth said. "Meeting rooms have been set up for people criminally arrested to meet with their attorneys. The magistrate courtroom has been set up in the Electric Park Ballroom and two district court courtrooms have been set up in nearby trailers. The court plans to post names and appearance times on its website as well as on site at the fairgrounds."

Hearings for the 10 men criminally charged began today at 4 p.m. Hearings for the women facing criminal charges will begin Wednesday at 10 a.m.

"There may be other hearings, yet to be scheduled, for tonight -- so there may be more than that," Dummermuth added.

Those detained in criminal proceedings will no longer be held in temporary detention facilities, but will be placed in U.S. Marshal's custody. Men currently awaiting a hearing on criminal charges will remain in Estel Hall as a temporary detention facility until they have appeared in court. Women facing criminal charges will likewise remain in the local jail facilities that are being used as temporary detention locations until they have appeared in court. Following initial appearances, individuals not released pending their next court appearance will be placed in the custody of the U.S. Marshal for confinement in local jails.

Individuals that are not facing criminal prosecution, but still subject to administrative detention, will remain in Estel Hall or local jails until they are moved to other locations for the completion of the administrative process. According to Dummermuth, there will be no administrative proceedings held at the Waterloo site.

"Everyone will have an opportunity to be represented in their administrative proceedings," said Arnold. "Right now, people are going through the criminal proceedings, but, when it comes time for them to complete the intake processing for administrative proceedings, they will have the opportunity to be represented by counsel."

Arnold added that some already have representation and that those who do not will be provided a local list of free or low-cost legal services. Administrative hearings will be scheduled at locations throughout the nation where ICE has detention space, with consideration to the specific classification of the detainee. It is unlikely that many, if any, of the administrative hearings stemming from the Postville raid will be held in Iowa.

"There is very little detention space here in Iowa," Arnold said. "This is partially because the detention space is shared between the Marshals and ICE. So if a lot of people are being detained by the Marshal's Office for criminal proceedings, there aren't beds available for those in ICE custody."

While it remains unclear exactly how long federal agencies will be on the temporary site in Waterloo, Arnold indicated that the processing of Postville detainees should be quickly coming to an end.

"We anticipate that we won't be housing the people [at the temporary detention facilities in Waterloo] past Wednesday night -- Thursday morning at the latest," said Arnold. He then refused to state if or how the facility, which will remain rented by federal agencies past this week, will be used during the remaining time frame.

Dummermuth and Arnold, while commenting that Agriprocessors was "cooperative during the execution of the search warrant," refused comment on whether any criminal investigation was underway in relation to the company or its leadership. The two also refused to comment on if there would be more arrests in relation to the more than 300 outstanding criminal complaints.

A total of 390 first-shift workers were arrested as a result of the immigration raid. The event, which boasted 697 criminal complaints and arrest warrants for plant employees, is the largest single-location immigration raid in the nation. Nearly 60 people, most of them women, were released under ICE supervision to care for children or due to medical reasons. Those released are wearing electronic monitoring devices. Of those arrested, 290 are Guatemalan, 93 are Mexican, four are Ukrainian and three are Israeli.

May 14, 2008

Postville Raid: A Look Inside the Temporary Courtroom

The setting is different, but the process remains basically the same.

The scene outside the National Cattle Congress in Waterloo.

Initial court appearances for the individuals who stand criminally charged following the immigration raids on Agriprocessors in Postville began Tuesday night in Waterloo and continued today.

Immigrant detainees file in and out of the Electric Park Ballroom on the campus of the National Cattle Congress in Waterloo in groups of 10 for their first appearance before a federal judge. The detainees, all men except for a group of nine women that were a part of the first proceedings Wednesday morning, are bound by handcuffs at the wrists as well as chains from their upper torso to their ankles.

The court proceedings take place on the wooden floor area of the facility that is typically the site of disc jockeys and dancers. A line of black curtains have been placed midway across the dance floor, a seal for the court affixed at the center, just above the makeshift judge's bench. Clerks and other court officials flank the judges bench at long tables placed to the right and left. The tables are filled with computer equipment and paperwork. Directly in front of the judge's bench are two tables, one for the defense and one for the prosecution. Near the defense table are a line of 11 chairs -- one for each of the 10 defendants and one for an interpreter.

There are three interpreters present at each hearing. One provides translation of the judge's words to the 10 defendants, who wear special ear phone devices so that they can hear the translator clearly. Each group coming before the judge is asked if the translation system is working properly before the actual hearing commences.

The scene outside the National Cattle Congress in Waterloo.

The roughly 15 observers -- members of the media, advocates and other interested parties -- sit in rows of seats near the main entrance to the facility, behind a thigh-level row of black curtains that separate observers from those taking part in the proceedings. Several men in flack jackets and shirts labeled with "U.S. MARSHAL" stand and sit behind the observers. Similar law enforcement escort the detainee groups into the makeshift courtroom and out again.

The National Cattle Congress in Waterloo is basically a fairgrounds facility that has a full perimeter fence. For these proceedings, however, additional fencing and barricades have been installed. Members of the media are directed away from the main entrance, which is used primarily by law enforcement and court officials such as interpreters, to a side entrance near the Electric Park Ballroom. Media, after passing through an initial security check, is directed to park outside the actual facility on a grassy area. (The parking lot at that location appears to be reserved for law enforcement, advocates and defense attorneys.)

Members of the media then walk into and across the fenced parking area to a more intense security check point located in a temporary shelter. Individuals passing through this area must provide state identification, such as a driver's license, and empty pockets to pass through a metal detector. No cameras or mobile phones are permitted beyond this point.

Because of the camera restrictions, some members of the media have positioned themselves along the fences and are using zoom lenses to attempt to capture the scene on film. Because of the layout of the building, the temporary security structures and the route taken by law enforcement as detainees are moved from one location to another, most photographers are frustrated.

The initial court appearance is very basic. Most detainees have only recently been given a sheet of paper that outlines the criminal charges against them. Because the complaint is written in English and there are limited translators, some entering the courtroom have no real knowledge of the charges against them. The judge explains that an attorney has been appointed to represent all of the defendants at the hearing and, if the defendants agree to use that attorney at the court's expense, he or she will meet with them following the initial appearance. During the four or five court hearings observed, all of the defendants present opted to use the court appointed attorney.

The process is slow and a bit cumbersome due to the need for translators. At various times the detainees are requested to raise a hand to indicate understanding.

By and large the detainees are Hispanic and young. Most look to be in their late teens or early 20s. Few make eye contact with court officials or observers as they move in and out of the facility. Of those who did make eye contact, there was no spark of facial expression.

When the judge asks if the detainees have questions, there are few who speak up. Of those who do speak, the questions are basic: "Is there any way to speed up this process?" or "Can I not have an attorney?" It's obvious that some have little understanding of the court process or what might be happening over the course of next few days and weeks.

The court-appointed defense attorneys are assigned detainees in the same groups of 10 that come in for initial appearances. Status hearings are scheduled for next week at the National Cattle Congress facility and preliminary hearings for the following week.

At a press conference yesterday, the media was told by representatives of the U.S. Attorney's Office and the U.S. Department of Homeland Security that a total of 20 individuals were facing criminal charges. By today at noon, according to Bob Teig, communications director for the U.S. Attorney of the Northern District of Iowa, that number had blossomed to 125. Of those facing criminal charges, only nine are women.

Once an individual is charged and he or she has an initial court appearance, the individual is placed in the custody of the U.S. Marshal and transported out of the temporary facility and into area county jails. It is anticipated that many will be housed in Linn County facilities, near the permanent home of the court. Those accused will be transported back to the National Cattle Congress campus for scheduled status hearings next week.

Detainees not facing criminal charges, but still subject to immigration investigation, continue in the custody of Immigration and Custom Enforcement (ICE). Those detainees are also expected to be removed from the temporary location -- most expected to be removed from the state to ICE detention facilities. The closest such facility is in Omaha, NE.

"This process doesn't have many major differences from the types of processes that happen at ICE offices on a daily basis," said Tim Counts, public affairs officer for the Department of Homeland Security. "The difference here is that the geographical location has been compressed to the NCC grounds in Waterloo. This was done because of the large scope as well as for the convenience of all concerned."

Counts said he anticipates that those detainees remaining in the custody of ICE will be removed from the temporary location either late tonight or tomorrow.

Culver Quotes Truman, Vetoes Collective Bargaining Bill & Pay Raises

Gov. Chet Culver said he knows he'll be criticized for deciding to veto pay increases for statewide elected officials and House File 2645, which dealt with public employee collective bargaining, but chalks it up to just doing his job.

"There will be those who criticize my actions. That is to be expected," Culver said at a 4 p.m. press conference today. "That is a part of my job. As Harry Truman said, 'the buck stops here.'"

Culver cited input from "thousands of Iowans who have written, emailed and called me during this constitutionally mandated review period."

"While I have always been a strong supporter of workers rights and collective bargaining, a close examination of House File 2645 shows that it is not in the best interests of the taxpayers of Iowa to let this legislation become law. It is vaguely written with the potential for far reaching, unintended consequences that could obligate the citizens of Iowa to substantial new public expenditures."

It's an action that has left Rep. Todd Taylor, D-Cedar Rapids, shaking his head in disappointment.

"I'm incredibly disappointed with the action that Gov. Culver has taken today," Taylor, who floor managed the legislation in the Iowa House, said in a telephone interview Wednesday evening. "This was a bill that would benefit Iowa's police officers, teachers, fire fighters, corrections workers, the Department of Transportation road crew members and many others. It was a modest change that placed Iowa in line with 27 other states and the private sector.

"In his statement, Gov. Culver said that the language was vague, but at no time did he or anyone from his office contact the legislature so that we could work through those concerns. When we attempted to work with his office while the bill was under debate, there was simply no response. It just brings me back to the fact that I'm disappointed."

Sen. Dick Dearden, D-Des Moines, who floor managed the legislation in the Senate, also summed up his reaction as disappointment.

"I'm just very disappointed that public employees will not have the same bargaining opportunities as private sector workers," he said by phone Wednesday.

In a joint statement released by House Speaker Pat Murphy, Senate Majority Leader Mike Gronstal and House Majority Leader Kevin McCarthy, the legislators expressed their confusion in relation to Culver's statement that the legislation was "vague" and the lack of input from the Culver administration during the debate process.

"We repeatedly offered to consider changes to the bill and not a single suggestion was offered by Governor Culver or his administration. We continue to believe that employees with a strong voice in the workplace will lead to greater productivity and we will continue to work on behalf of teachers, firefighters, police officers, correctional workers, and other public employees.

When the legislature debated the bill, Culver was vacationing with his family in Florida.

Senate Minority Leader Ron Wieck, R-Sioux City, used the veto to bash both the collective bargaining bill and Democrats in the state legislature.

“Governor Culver’s veto demonstrates how out of touch Sen. [Mike] Gronstal and Senate Democrats are with the people of Iowa and even a Governor from their own party,"said Wieck. "Gov. Culver recognized how extremely harmful this legislation was to all Iowans, but Sen. Gronstal and the Senate Democrats cared only about rewarding their number one campaign contributor, the union special interest groups, at the expense of Iowa’s taxpayers. Shame on them.”

A similar sentiment was expressed by House Minority Leader Chris Rants, R-Sioux City.

“I am pleased that Gov. Culver did the right thing and vetoed the bill that guts Iowa’s collective bargaining law,” said Rants. “Culver took the time to have an open discussion about the bill, unlike his Democrat counterparts in the House and Senate. Culver standing up to his own party illustrates how truly awful this legislation was and how out of touch the House Democrats were with Iowans.”

Iowa's current law, which has been in effect since 1974, dictates that Iowa public sector employees give up the right to strike in exchange for contract dispute settlement by binding arbitration. Only specific issues can be addressed at the bargaining table. The proposed law change would have allowed additional items to be addressed at the bargaining table -- such as class size for teachers.

"Economic uncertainty" was Culver's reason for refusing the pay raises.

"I am vetoing the legislation that would give me and my fellow statewide elected officeholders a pay raise," he said. "In this time of economic uncertainty, I believe it is wrong to raise elected officials salaries. I believe it is wrong to say to the people of Iowa that you have to tighten your belts, but elected officials don't."

While Iowa law allows for the legislature to over-ride a gubernatorial veto, it is unlikely the necessary votes -- 66 in the house and 35 in the senate -- could be achieved on this legislation.

Update

Just noticed that Linda Nelson, president of the Iowa State Education Association, put the following statement on her blog:

"We are deeply disappointed by Gov. Culver's veto of HF 2645. This legislation would have leveled the playing field for educators and other public employees at the bargaining table. It would have allowed us to negotiate over issues that impact student achievement like class size, preparation time, in-service, and a whole host of other topics that under the current law are deemed 'permissive' and off-limits for discussion. While we appreciate the Governor's support for funding public schools and for making teacher salaries competitive, he missed a great opportunity to recognize educators as true professionals and full partners in educational decision making. We are committed to working with Gov. Culver Culver to craft a bill which accomplishes that objective."

May 15, 2008

Braley: Agriprocessors Should Be Fully Investigated

U.S. Congressman Bruce Braley is pushing federal agencies to investigate Agriprocessors in Postville for possible violations of immigration law.

In a letter to Immigration and Customs Enforcement and the U.S. Attorney for the Northern District of Iowa, Braley questioned "Agriprocessors' commitment to making sure they have a legal workforce." The kosher meatpacking plant had 40 percent of its workforce removed during a federal immigration raid on Monday.

"Until we enforce our immigration laws equally against both employers and employees who break the law, we will continue to have a problem with illegal immigration," Braley said.

According to Braley, just three employers were fined for breaking immigration laws in 2004. Last year, following Bush administration promises "to make employer enforcement a priority," Braley says 92 employers were arrested, but only 17 fined out of the six million employers in the U.S.

"Naturally, the sheer number of arrests made by ICE during Monday's raid raises questions about Agriprocessors, Inc.'s knowledge of possible violations of employment and immigration law."

For his efforts, Braley received the same answer as members of the media have received when asked about a possible or ongoing investigation. "Federal officials would not comment on the possibility of an investigation into Agriprocessors for possible violations of the law," he said Wednesday evening.

An official at the Iowa Labor Commission has confirmed that Agriprocessors was under investigation for possible child labor and wage law violations at the time of the raid. No one would comment on the possible impact the raid would have that investigation.

Braley's letter was written Tuesday as a formal request for a tour of the detention facilities at the National Cattle Congress in Waterloo. Braley indicated that he wanted to be sure that the facilities, "never designed for detention," were suitable and provided sanitary living conditions.

Although Braley could not tour the facility personally due to congressional votes in relation to the farm bill, three members of his staff viewed the facilities on Wednesday afternoon. District Director Pete DeKock, Caseworker John Murphy and Communications Director Jeff Giertz toured the makeshift courtroom in the Electric Park Ballroom, temporary detainee housing in Estel Hall and attorney facilities in the Pepsi Arena.

"My aides report that federal officials at the Cattle Congress are conducting a professional operation," Braley said. "Detainees are only being housed at the Cattle Congress grounds until their preliminary hearing, at which point they will be moved to other detention facilities. Officials with the U.S. District Court, Northern District of Iowa told my staff that they expect proceedings to continue at the Cattle Congress into next week."

As of late Wednesday night, a total of 177 of the 390 workers detained had gone through initial appearances in federal court on criminal charges. Those individuals have been placed in the custody of the U.S. Marshal's Office and are now being housed in jail facilities throughout the area. All but nine of the 177 are male.

Status hearings are scheduled to begin on May 19 at the makeshift court facilities at the National Cattle Congress in Waterloo and continue through May 21. It is during these hearings that the prosecution will provide probable cause for the charges -- misuse of Social Security numbers, aggravated identity theft and/or possession of counterfeit identification documents -- and defendants will enter a plea. Detainees being charged criminally are entitled to an attorney at the court's expense.

Detainees not criminally charged, but with questionable immigration status, will remain in the custody of ICE for administration/deportation proceedings. Most, if not all, of these individuals will be moved to ICE detention centers in other states. Workers with questionable immigration status are not provided an attorney; however, ICE officials indicated Tuesday that lists of pro bono and low-cost immigration attorneys have been distributed to detainees.

Federal officials have labeled Monday's raid, which netted 314 men and 76 women, "the largest single-site enforcement operation of its kind in the country."

Over 300 Now Criminally Charged in Postville Raid

Over 300 of the 389 people who were detained following a federal immigration raid of Agriprocessors in Postville on Monday are now facing criminal charges. It's a figure that has civil liberties advocates concerned.

"Based on the number of criminal arrests, this is the largest criminal worksite enforcement operation ever in the United States," Matt Dummermuth, U.S. Attorney for the Northern District of Iowa, said Thursday evening.

Charges in the official complaints vary by individual and include allegations of aggravated identity theft, false use of a social security number, illegal reentry into the United States and fraudulent use of an alien registration card.

Detainees arrested on criminal charges have been provided court-appointed defense attorneys and have had initial court appearances. They are now being held in local jails -- nearly 100 in the Linn County jail alone -- and are in the custody of the U.S. Marshal's Office. Those accused will travel back to the temporary detention facility at the National Cattle Congress in Waterloo next week for status hearings in the makeshift court facilities there. Many preliminary hearings have been schedule the following week in the federal building in Cedar Rapids.

The American Civil Liberties Union of Iowa issued a statement in which it condemned "the unnecessary use of criminal prosecutions to coerce hundreds of foreign-born workers...into waiving their rights to individually demonstrate why each of them should be allowed to remain in the United States."

"A civil deportation proceeding is the best way to address immigration cases, and each case needs to be handled on an individual basis," said Ben Stone, executive director of the ACLU of Iowa. "By converting the meatpacking plant raid into a mass criminal prosecution, the government is wasting precious legal resources and giving short shrift to the American right of due process, which belongs to all persons, not just citizens.

"It is our understanding that detainees are being threatened with prosecution if they do not waive their right to an individualized deportation hearing and that they may be forced to do so with only minimal opportunity to speak with defense counsel."

Immigration attorneys sent out an e-mail alert on Wednesday that urged Iowans to contact the U.S. attorney's office and push for detainees to e allowed to consult with an immigration attorney prior to entering into any agreement with public defenders for criminal charges.

In a telephone conversation on Wednesday, Tim Counts, public affairs officer for the Department of Homeland Security, said evidence of criminal behavior takes precedence over immigration hearings.

Although federal officials previously indicated 390 had been detained as a result of the raid, they are now correcting that figure to 389. Of the detainees, 62 were released on humanitarian grounds and 21 are being held on administrative charges. From these two groups (83 individuals total), 18 were juveniles ranging from age 13 to 17. The juveniles have since been released to an adult or turned over to the Office of Refugee Resettlement. Those not facing criminal charges will be placed into administrative immigration removal proceedings that will be conducted under the direction of the U.S. Department of Homeland Security at other locations.

“This has been an unprecedented undertaking in nearly all respects,” Dummermuth said. “Since May 12, ICE agents, other law enforcement partners, and attorneys and support staff from my office have worked literally around the clock to process those administratively arrested in Postville and determine who would face criminal arrest. To have this completed within three days is phenomenal.”

May 16, 2008

Postville Immigrant: 'We No Longer Feel Safe Here'

Couple in ShadowsBrown eyes dart first up the downtown Waterloo street and then down toward the river before turning skyward to glisten in the midday sun. When they close against the glare, the 19-year-old woman sways slightly and wraps her arms around her thin waist.

"I don't know if I should be doing this -- talking to you," she said, eyes still closed. "There is so much confusion even now, and I'm not sure who can be trusted. I don't want to do something stupid that will cost me what little I have left."

For several moments the group stands silent, then the woman's eyes open and she squints before continuing. "I want you to call me Lidia Castillo," she said and then turned to the 20-something Hispanic man beside her to speak in a Mayan dialect that is similar to Spanish. When he speaks it is only two words: "Luis Morales." She nods and takes the notebook and pen to write down the names, explaining that she doesn't trust those who cannot speak the language to spell the names correctly. Her smile is open and all hesitation is gone when she looks up and asks, "What do you want to know?"

Castillo and Morales, who speaks little English, have traveled to Waterloo from Postville in order to borrow money from friends. During the federal immigration raid Monday on Agriprocessors, Castillo's older brother was taken into custody by Immigration and Customs Enforcement agents. He's now one of the more than 300 such detainees facing criminal charges in federal court.

Using Castillo as an interpreter, Morales explains that he was a worker at the Postville meatpaciking plant, but was working a later shift on the day of the raid. He had no family in Postville, but most of his friends are now in federal custody.

Morales and Castillo have been dating and were planning to announce their engagement in the coming months. The raid, they said, has changed everything.

"We are both without papers," Castillo said.

Castillo came into this country at a young age with her mother and older brother. She's never known her father, but says that her mother, before she died, kept in contact with family in Guatemala.

Morales, also originally from Guatemala, entered the United States about four years ago. He does not want to provide details of how or where he entered the country. In order to work at Agriprocessors, he purchased fake documents. The employer, he relayed through Castillo, asked few questions.

"He says that they knew he was without proper papers and that an employee helped him fill out applications and other forms so that he could work there," Castillo said. "Many employees there were in this country without papers. He says that family here sent word to others that they could come here and find work, that it was no secret."

Federal authorities conducting the raid -- the largest single-site event in the nation's history -- took 389 individuals, or 40 percent of Agriprocessors' workforce, into custody. Nearly all of those detained are now facing criminal charges such as misuse of social security numbers and aggravated identity theft. To date, no charges have been filed against the business or management.

"The only home I've ever known is Iowa," Castillo said in a voice nearly free of accent. "But that's going to change now. We're are going to find our own way."

The couple has come to Waterloo for money and supplies because they are planning to leave the state. The raid has left them both fearful and isolated.

"We don't know what else to do," Castillo said. "There is nothing left for us here. I want to get somewhere where it will be safe for me to complete the paperwork to become a citizen. I don't want to be deported to Guatemala -- I know nothing about Guatemala except what my mother told me about being treated badly there. This is my home. This is my country, and I need to get someplace where I can fight for it."

As Castillo's voice raises, Morales moves to put an arm around her waist. She leans into him and he whispers something to her.

"He is worried more for me than for himself," she said. "He knows Guatemala and never wants to return, but he knows he can survive there if he is deported. He is worried that I will be hurt if I'm sent there. He thinks that I will be raped and murdered -- that those things happen often there, especially to pretty women."

Neither Castillo or Morales have consulted with an immigration attorney concerning their status. Castillo had planned to begin the process of becoming a citizen, but is now fearful to admit that she is here illegally. Through Castillo, Morales said that he suffered no abuse in his home country, but could not make a living there.

"I'm scared that if I come forward now that I will not have an opportunity to stay," Castillo said. "I'm even more scared that he will not have an opportunity. We need time to sort it all out. We need to feel safe before we begin this process, and we no longer feel safe here."