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Iowa SC overturns gay bias verdict against Branstad

Overturning a landmark $1.5 million jury verdict, the Iowa Supreme Court ruled Wednesday (6/30) that former Gov. Terry Branstad did not illegally discriminate or retaliate against a gay state official.

The court found a lack of evidence to show that Branstad discriminated against then-Iowa Workers’ Compensation Commissioner Chris Godfrey because of his sexual orientation.

Although Godfrey was widely known as openly gay, there is no proof Branstad was aware of Godfrey’s sexual orientation before asking him to resign and slashing his salary when Godfrey refused, Justice Christopher McDonald wrote.

The ruling overturned a 2019 verdict in which Polk County jurors found that Branstad and his former legal counsel violated the Iowa Civil Rights Act. Jurors had awarded Godfrey, a Democrat who is now an official with the U.S. Department of Labor, $1.5 million in damages for emotional distress.

Branstad, a Republican who later served as U.S. ambassador to China, has argued that he sought Godfrey’s resignation because powerful business interests disagreed with rulings by Godfrey and his staff awarding benefits to injured workers. He has claimed that he acted legally in 2011 by reducing Godfrey’s salary by $40,000, to the lowest amount allowed by the Legislature for the position.

Godfrey couldn’t be fired under a provision in Iowa law intending his six-year term to be insulated from politics. He eventually left state government in 2014.

The ruling ordered a lower court to dismiss all of Godfrey’s claims, ending a case that lasted a decade, made three trips to the Iowa Supreme Court and cost taxpayers millions of dollars in legal fees.

Six of the seven justices agreed with the outcome, including the two justices that Branstad appointed to the court.

Pets and fireworks don’t mix

You may be planning to go watch fireworks during the 4th of July weekend.  If you do, you might want to leave your dog or cat at home, or keep them inside.  Daniel Young, the CEO and co-founder of Happy Paws 4 Life, which makes products for pet health, says people enjoy fireworks, but pets don’t.

“It’s scary for them.  They don’t understand what’s going on.  Did you know that a dog’s hearing is actually amplified by 100 times?  So everything that we hear, they hear… It’s just way more sensitive for them.”

Young says the noise and flashing lights of a fireworks display can drive a pet to a point that they will run away.   He has suggestions to help get your pet back if that happens.

“Have ID tags on their collars. Make sure they have an ID tag on their collar.    If they’re not microchipped right now, it’s always good to double check that your pet is microchipped.  Make sure that if they are microchipped, that the contact information is updated, if needed.”

The best advice, according to Young, is to keep your dog or cat inside during a fireworks display in a cool spot with plenty of water, and close the blinds so the bright light of fireworks won’t get in.

House poised to launch new probe of Jan. 6 insurrection

By MARY CLARE JALONICK

WASHINGTON (AP) — The House is poised to launch a new investigation of the Jan. 6 Capitol insurrection on Wednesday with expected approval of a 13-person select committee to probe the violent attack.

The panel would be led by Democrats, with House Speaker Nancy Pelosi appointing a chairperson and at least eight of the committee’s members. The resolution up for a vote gives Pelosi a possible say in the appointment of the other five members as well, directing that they will be named “after consultation” with House Republican leader Kevin McCarthy.

In a memo to all House Republicans late Tuesday, No. 2 House Republican Steve Scalise urged his members to vote against the resolution, saying the select panel “is likely to pursue a partisan agenda” in investigating the siege by former President Donald Trump’s supporters. Scalise and McCarthy have so far declined to say whether Republicans will even participate.

Pelosi is moving to form the select committee after Senate Republicans blocked the creation of a separate independent and bipartisan panel that would have been evenly split between the parties and modeled after a commission that investigated the 9/11 terrorist attacks. Republicans ready to move on from the insurrection — and Trump’s role in it — argued against that as well, claiming it would be duplicative and partisan.

The speaker has said that it was her preference to have an independent panel lead the inquiry, but that Congress could not wait any longer to begin a deeper look at the insurrection.

The GOP role in the probe, and the appointments to the panel, could help determine whether the committee becomes a bipartisan effort or a tool of further division. Two Senate committees issued a bipartisan report with security recommendations earlier this month, but it did not examine the origins of the siege, leaving many unanswered questions about the events of the day.

McCarthy is facing pressure to take the investigation seriously from police officers who responded to the attack, Democrats and even some of his fellow Republicans. Pelosi has invited representatives of the Metropolitan Police Department of the District of Columbia and the U.S. Capitol Police to sit in the gallery and watch Wednesday’s vote, according to a person familiar with the plan who wasn’t authorized to discuss it and spoke on condition of anonymity. Dozens of those officers were brutally beaten and suffered injuries as Trump’s supporters pushed past them and broke into the building to interrupt the certification of President Joe Biden’s victory.

Two of the officers who responded, Metropolitan Police Officer Michael Fanone and Capitol Police Officer Harry Dunn, met with McCarthy on Friday and asked him to take the House investigation seriously.

Fanone, who has described being dragged down the Capitol steps by rioters who shocked him with a stun gun and beat him, said he asked McCarthy for a commitment not to put “the wrong people” on the panel, a reference to those in the GOP who have downplayed the violence and defended the insurrectionists. Fanone said McCarthy told him he would take his request seriously.

Sen. Mitt Romney, R-Utah, has also publicly pressured McCarthy. “I hope he appoints people who are seen as being credible,” he said Sunday on CNN.

Ohio Rep. Jim Jordan, a close Trump ally, said that he doesn’t know what McCarthy is going to do but that it’s possible Republicans will just choose not to be involved.

“I know I’ve got real concerns, I know he does, that this is all just political, and that this is impeachment three against President Trump,” Jordan said.

Trump was twice impeached by the House and twice acquitted by the Senate, the second time for telling his supporters just before the insurrection to “fight like hell” to overturn his defeat to Biden.

Pelosi has not yet said who will lead the panel, but one possibility is House Homeland Security Committee Chair Bennie Thompson, D-Miss. Thompson said Tuesday that it would be an “honor” to serve as chair and that it’s Pelosi’s call if she wants to have a say on the Republican members.

“They had an opportunity to really engage,” Thompson said of Republicans who voted against the bipartisan commission. “And they didn’t. So they can’t now come back and say, ‘Oh, that’s not fair.’”

Many Republicans have expressed concerns about a partisan probe, since majority Democrats are likely to investigate Trump’s role in the siege and the right-wing groups that participated in it. Almost three dozen House Republicans voted last month for the legislation to create an independent commission, and seven Republicans in the Senate have also supported moving forward on that bill. But that was short of the 10 Senate Republicans who would be necessary to pass it.

Many Republicans have made clear that they want to move on from the Jan. 6 attack. But some have gone further, including Rep. Andrew Clyde of Georgia, who suggested that video of the rioters looked like a “tourist visit.” Rep. Paul Gosar of Arizona insisted that a Trump supporter named Ashli Babbitt, who was shot and killed that day while trying to break into the House chamber, was “executed.” Others have defended the rioters as they have been charged with federal crimes.

In their meeting with McCarthy, Fanone and Dunn asked the GOP leader to publicly denounce those comments downplaying the violence, as well as the 21 Republicans who recently voted against giving medals of honor to the U.S. Capitol Police and the Metropolitan Police to thank them for their service. They said McCarthy, who voted for the measure, told them he would only deal with those members privately.

Seven people died during and after the rioting, including Babbitt and three other Trump supporters who suffered medical emergencies. Two police officers died by suicide in the days that followed, and a third officer, Capitol Police Officer Brian Sicknick, collapsed and later died after engaging with the protesters. A medical examiner later determined he died of natural causes.

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Associated Press writers Lisa Mascaro, Kevin Freking and Padmananda Rama contributed to this report.

Attempted murder case tossed out

An attempted murder case against a Lovilia man has been thrown out because prosecutors missed the deadline for a speedy trial.  45-year-old Joshua James Burk was accused of attempted murder, eluding, leaving the scene of an accident and driving while barred in connection with an incident last December in Albia. Prosecutors say Burk intentionally hit another man with his vehicle, fled the scene and led law enforcement on a chase.  Iowa law says prosecutors must file an indictment within 45 days of an arrest and a trial must be held within 90 days of the indictment being filed.  In this case, the indictment was filed on February 5 and Burk didn’t ask for a speedy trial until April 28

Gun deaths rising in Iowa

Gun deaths are surging in Iowa as a law is set to go into effect Thursday that will allow people to more easily buy handguns and carry them in public without training or a permit.

A record 353 people died from gunshot wounds in Iowa in 2020, including 263 suicides and 85 homicides, an Iowa Department of Public Health spokeswoman said Tuesday.

The shooting deaths represent a 20% increase from Iowa’s previous high in 2019, including a 73% jump in homicides, and the most dramatic one-year hike in an upward decades long trend, according to Centers for Disease Control and Prevention data. From 1999 to 2001, Iowa averaged only 194 annual gun deaths, including just 25 homicides.

Iowa is among several Republican-led states that have passed laws this year allowing for the permitless carry of guns, including one that will take effect Thursday in Tennessee and another in Texas on Sept. 1. Iowa’s new law also eliminates a requirement that people pass background checks to obtain permits to purchase handguns, breaking with more than 20 other states that have similar policies.

A leading gun violence researcher said Iowa’s surge in gun homicides in 2020 was part of a national increase that experts are trying to understand. Daniel Webster, director of the Johns Hopkins Center for Gun Violence Prevention and Policy said he expects Iowa’s sweeping handgun deregulation that begins Thursday to make things worse, pointing to studies that have associated such changes elsewhere with a 25% or higher increase in homicides.

Eliminating Iowa’s permit to acquire a handgun will facilitate impulsive purchases that can be associated with suicide and homicide and remove a deterrent against illegal gun trafficking, Webster said.

The number of legally bought guns used in crimes in Missouri spiked “pretty much overnight” after the state eliminated its permit to acquire in 2007, he said. Research also indicates that allowing people to carry loaded guns in public leads to more violent crime and increases in gun thefts from vehicles, he said.

“The direction Iowa is heading here based upon our research to me is very concerning,” Webster said. “It sounds like a train wreck.”

Under the law approved by the Republican-controlled Legislature, people purchasing pistols or revolvers no longer need to obtain permits to acquire or carry handguns, a process that could take days for the background check to complete.

They must still pass an instant federal background check to buy handguns at retailers, but face no such requirement if buying through private sellers. They will not need any permit to carry guns on themselves or in their cars in most places, including the Iowa Capitol, and they no longer need to take an online training course on gun safety and self-defense.

Gov. Kim Reynolds signed the bill in April following pressure from conservative activists. She previously said the permitting system was “reasonable and responsible” and should remain.

Supporters say the Iowa law will prevent law-abiding citizens from having to apply to the government and pay a $50 carry permit fee to exercise their gun rights, while allowing them to quickly obtain handguns for self-defense.

“The relationship between your state government and the citizen is going to be flipped 180 degrees,” said state GOP Sen. Jason Schultz, who noted that the push to loosen Iowa’s firearm rules has taken decades. “You can bear that firearm without permission from the state in the form of a concealed weapon permit or in violation of any open-carry laws.”

He said this would not harm public safety, calling it a “blessing on the citizenry and a problem for criminals because there’s more good guys armed out there.” But the new law is highly unpopular: two-thirds of those surveyed this month for the Des Moines Register’s Iowa Poll said they disapprove.

Schultz spoke during a recent panel on the law sponsored by the Iowa Firearms Coalition, whose lobbyist Richard Rogers called it “the most significant single change in our state’s weapons laws in living memory.” He said it was more important than the 2011 law that limited the ability of county sheriffs to reject applications and caused the number of permits issued to skyrocket.

The law will have a dramatic impact on the court system. More than 600 people per year have been convicted of carrying firearms without a permit, an aggravated misdemeanor that will be wiped off the books, according to an analysis by the Legislative Services Agency.

Gun owners are expected to collectively save hundreds of thousands of dollars in permit fees annually, although some may still obtain permits so they can travel to other states with their firearms or purchase guns without a federal check.

The group Iowa Gun Owners, which pressured Reynolds to sign the bill, called it “a monumental advancement in Second Amendment freedom for law abiding Iowans who are sick of being tracked, traced, and registered like criminals, just to carry a gun.”

‘Excruciating:’ Florida collapse search stretches to Day 6

By RUSS BYNUM

SURFSIDE, Florida (AP) — The slow work of sifting through the remnants of a collapsed Florida condo building stretched into a sixth day Tuesday, as families desperate for progress endured a wrenching wait for answers.

“We have people waiting and waiting and waiting for news,” Miami-Dade Mayor Daniella Levine Cava told reporters. “We have them coping with the news that they might not have their loved ones come out alive and still hope against hope that they will. They’re learning that some of their loved ones will come out as body parts. This is the kind of information that is just excruciating for everyone.”

The work has been deliberate and treacherous. Thunderstorms rolled through the area Tuesday morning, and debris fell onto the search area overnight from the shattered edge of the part of the building that still stands, forcing rescuers to mark a “don’t go beyond here” line and focus their efforts parts of the debris pile that are farther from the structure, Surfside Mayor Charles Burkett told WSVN.

Just two additional bodies were found Monday, raising the count of confirmed dead to 11. That leaves 150 people still unaccounted for in the community of Surfside, just outside Miami.

Authorities are meeting frequently with families to explain what they’re doing and answer questions. They have discussed with families everything from how DNA matches are made to help identify the dead, to how will next of kin be contacted, to going into “extreme detail” about how they are searching the mound, the mayor said.

Armed with that knowledge, she said, families are coming to their own conclusions.

“Some are feeling more hopeful, some less hopeful, because we do not have definitive answers. We give them the facts. We take them to the site,” she said. “They have seen the operation. They understand now how it works, and they are preparing themselves for news, one way or the other.”

Rescuers are using bucket brigades and heavy machinery as they work atop a precarious mound of pulverized concrete, twisted steel and the remnants of dozens of households. The efforts include firefighters, sniffer dogs and search experts using radar and sonar devices.

Authorities said it’s still a search-and-rescue operation, but no one has been found alive since hours after the collapse on Thursday.

The pancake collapse of the building left layer upon layer of intertwined debris, frustrating efforts to reach anyone who may have survived in a pocket of space.

“Every time there’s an action, there’s a reaction,” Miami-Dade Assistant Fire Chief Raide Jadallah said during a news conference Monday. “It’s not an issue of we could just attach a couple of cords to a concrete boulder and lift it and call it a day.” Some of the concrete pieces are smaller, the size of basketballs or baseballs.

From outside a neighboring building on Monday, more than two dozen family members watched teams of searchers excavate the building site. Some held onto each other for support. Others hugged and prayed. Some people took photos.

Authorities insisted they are not losing hope.

Deciding to transition from search-and-rescue work to a recovery operation is agonizing, said Dr. Joseph A. Barbera, a professor at George Washington University. That decision is fraught with considerations, he said, that only those on the ground can make.

Barbera coauthored a study examining disasters where some people survived under rubble for prolonged periods of time. He has also advised teams on where to look for potential survivors and when to conclude “that the probability of continued survival is very, very small.”

“It’s an incredibly difficult decision, and I’ve never had to make that decision,” Barbera said.

The building collapsed just days before a deadline for condo owners to start making steep payments toward more than $9 million in repairs that had been recommended nearly three years earlier, in a report that warned of “major structural damage.”

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Associated Press writer Bobby Caina Calvan in Tallahassee and writers from around the United States contributed to this report.

Stolen vehicle’s computer shut down to end multi-county chase

BY 

Three people from central Iowa face multiple charges after a chase involving a vehicle reported stolen from Adventureland ended in Wapello County.

The Wapello County Sheriff’s Office says it received word of Mahaska County authorities pursuing a stolen vehicle on Highway 63 around 5:26 Wednesday afternoon. The car was stopped west of Ottumwa after the vehicle’s onboard computer system was shut down. Three occupants attempted to flee on foot and two women were captured without incident. The third subject, a male, was located in a bean field a couple of hours later and taken into custody.

Eighteen-year-old Rondjja Martin of Windsor Heights, 20-year-old Beyonce Davis of Clive, and 20-year-old Joseph Kelly of Des Moines were each charged with first-degree theft and interference with official acts. Kelly was also charged with ongoing criminal conduct, harassment of public officers and employees, and criminal trespass.

(By Ellis Codjoe, KBIZ, Ottumwa)

Xavior Harrelson benefit concert Tonight

There’s going to be a benefit concert tonight (6/29) for Xavior Harrelson.  He’s the 11-year-old Montezuma boy who has been missing since May 27.  The concert will be at the Poweshiek County Fairgrounds in Grinnell with featured artists Adam Whitehead and Hunter Mason.  Tina Goff, a volunteer who is helping the effort to find Xavior, says there is a request for people who are going to the concert.

“We’re asking people to wear orange that night because Xavior’s favorite color is orange.  So we really want to show Xavior we care and we’re coming out for him to bring him home.”

The benefit concert starts at 7pm.  It’s a free will offering with all proceeds going to the reward fund for information on finding Xavior Harrelson.

Disaster declaration for Wapello, Monroe & Linn Counties

Iowa Governor Kim Reynolds has issued a disaster declaration for Wapello, Monroe and Linn Counties after flash flooding last week.  People affected by flooding can apply for up to $5000 through the Iowa Individual Assistance Grant Program.  Eldon is still recovering from a flash flood Thursday night (6/24) that had seven and a half to nine inches of rain in a two hour period.

Tunneling Florida rescuers spot voids, search for survivors

SURFSIDE, Fla. (AP) — Rescue workers digging feverishly for a fifth day Monday stressed that they could still find survivors in the rubble of a collapsed Florida condo building, a hope family members clung to even though no one has been pulled out alive since the first hours after the structure fell.

The death toll rose by just four people Sunday, to a total of nine confirmed dead. But more than 150 people are still missing in Surfside. Their families rode buses to a site close enough to watch the intense rescue effort, including firefighters, sniffer dogs and search experts employing radar and sonar devices.

Early Monday, a crane lifted a large slab of concrete from the debris pile, enabling about 30 rescuers in hard hats to move in and carry smaller pieces of debris into red buckets, which are emptied into a larger bin for a crane to remove. The work has been complicated by intermittent rain showers moving through the area, but at least the fires that hampered the initial search have been extinguished.

Andy Alvarez, a deputy incident commander with Miami-Dade Fire Rescue, told ABC’s “Good Morning America” on Monday that rescuers have been able to find some voids inside the wreckage, mostly in the basement and parking garage areas.

“We have over 80 rescuers at a time that are breaching the walls that collapsed, in a frantic effort to try to rescue those that are still viable and to get to those voids that we typically know exist in these buildings,” Alvarez said.

“We have been able to tunnel through the building,” Alvarez added. “This is a frantic search to seek that hope, that miracle, to see who we can bring out of this building alive.”

He said rescuers, like the families, are still hoping for good news. “You’ve gotta have hope and you’ve gotta have faith,” he said.

Israeli Diaspora Affairs Minister Nachman Shai, head of a humanitarian delegation from Israel that includes several search-and-rescue experts, said the professionals have told him of cases where survivors were found after 100 hours or more.

“So don’t lose hope, that’s what I would say,” he said.

Some families had hoped their visit to the site near the 12-story building would enable them to shout messages to loved ones possibly buried deep inside the pile. As they returned to a nearby hotel, several paused to embrace as they got off the bus. Others walked slowly with arms around each other back to the hotel entrance.

“We are just waiting for answers. That’s what we want,” said Dianne Ohayon, whose parents, Myriam and Arnie Notkin, were in the building. “It’s hard to go through these long days and we haven’t gotten any answers yet.”

The building collapsed just days before a deadline for condo owners to start making steep payments toward more than $9 million in repairs that had been recommended nearly three years earlier, in a report that warned of “major structural damage.”

Authorities on Sunday identified the additional four people that had been recovered as Leon Oliwkowicz, 80; Christina Beatriz Elvira, 74; Ana Ortiz, 46; and Luis Bermudez, 26. The number of people left unaccounted for was 152, said Miami-Dade Mayor Daniella Levine Cava. The last live person rescued was on Thursday, just hours after the collapse.

Miami-Dade Assistant Fire Chief Raide Jadallah explained that conditions at the site — the building pancaked when it fell — have frustrated crews looking for survivors. Alan Cominsky, chief of the Miami-Dade Fire Rescue Department, said his team is holding out hope of finding someone alive, but must continue to move slowly and methodically.

“The debris field is scattered throughout, and it’s compact, extremely compact,” he said, noting that teams must stabilize and shore up debris as they go.

“We can’t just go in and move things erratically, because that’s going to have the worst outcome possible,” he said.

Among the tools rescuers used was a microwave radar device developed by NASA’s Jet Propulsion Lab and the Department of Homeland Security that “sees” through up to 8 inches (20 centimeters) of solid concrete, according to Adrian Garulay, CEO of Spec Ops Group, which sells them. The suitcase-size device can detect human respiration and heartbeats and was being deployed Sunday by a seven-member search-and-rescue team from Mexico’s Jewish community.

Levine Cava said six to eight teams are actively searching the pile at any given time, with hundreds of team members on standby ready to rotate in. She said teams have worked around the clock since Thursday, and there was no lack of personnel.

President Joe Biden said in a statement he spoke with FEMA Administrator Deanne Criswell about efforts on the ground after Criswell visited the site. Biden said his administration is prepared to provide assistance and support.

“This is an unimaginably difficult time for the families enduring this tragedy,” Biden said. “My heart goes out to every single person suffering during this awful moment.”

Crews spent Saturday night digging a trench that stretches 125 feet long, 20 feet across and 40 feet deep (38 meters long, 6 meters across and 12 meters deep), which, she said, allowed them to find more bodies and human remains.

Earl Tilton, who runs a search-and-rescue consulting firm in North Carolina, said rushing into the rubble without careful planning and execution would injure or kill rescuers and the people they are trying to save.

“Moving the wrong piece of debris at the wrong time could cause it to fall” on workers and crush them, he said.

But Tilton agreed families were not wrong to continue holding out hope. During past urban rescues, he said, rescuers have found survivors as long as a week past the initial catastrophe.

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This story has been corrected; One identified victim is Ana Ortiz, not Anna Ortiz.

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Associated Press writers Adriana Gomez Licon in Miami, Freida Frisaro in Fort Lauderdale, Florida; Bobby Caina Calvan in Tallahassee, Florida; and others from around the United States contributed to this report.

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