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Supreme Court upholds civil verdict in mother’s death against Knoxville man

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The Iowa Supreme Court has rejected the request of a Knoxville man to overturn the civil verdict against him in his mother’s death.

The 2017 verdict ordered Jason Carter to pay $10 million to the estate of his mother Shirley Carter. Jason’s brother and father sued — saying he was responsible for shooting Shirley to death in her home in 2015.

Jason Carter was tried in criminal court after the civil verdict and was acquitted of first-degree murder.

The Supreme Court ruled against several arguments Carter made in his appeal — including evidence presented in the criminal trial was withheld from the civil trial and would have change that verdict.

Judge limits evidence, refuses to move trial in Floyd death

By STEVE KARNOWSKI and AMY FORLITI

MINNEAPOLIS (AP) — A judge on Friday denied a defense request to delay or move the trial of a former Minneapolis police officer charged in George Floyd’s death after the announcement of a $27 million settlement for Floyd’s family raised concern about a tainted jury.

In a separate ruling, Hennepin County Judge Peter Cahill said he would allow the jury to hear limited evidence from Floyd’s 2019 arrest, but only that pertaining to the cause of Floyd’s death in 2020. He acknowledged there are several similarities between the two incidents, including that Floyd swallowed drugs after police confronted him.

The rulings were a blow to Derek Chauvin’s defense. His attorney, Eric Nelson, had sought to halt or move the trial due to concerns that the settlement announcement had tainted the jury pool.

Jury selection was halfway complete last week when the city of Minneapolis unanimously approved the payout to settle a civil lawsuit over Floyd’s death. Nelson called the timing of the settlement deeply disturbing and unfair, and said it jeopardized Chauvin’s chance for a fair trial. Chauvin is charged with murder and manslaughter.

But Cahill, who has called the timing “unfortunate,” said he thought a delay would do nothing to stem the problem of pretrial publicity. As for moving the trial, he said there’s no place in Minnesota that hasn’t been touched by that publicity.

The judge had previously denied a defense attempt to allow the year-old arrest at trial. But he heard fresh arguments this week because of drugs found in January in a second search of the police SUV in which the four officers attempted to put Floyd in 2020.

He said Thursday that he would allow medical evidence of Floyd’s physical reactions, such as his dangerously high blood pressure when he was examined by a paramedic, and a short clip of an officer’s body camera video. He said Floyd’s “emotional behavior” such as calling out to his mother in 2019 won’t be admitted.

Nelson argued that similarities between the encounters are relevant, with Floyd calling out for his mother, claiming he had been shot before, crying and putting what appeared to be pills in his mouth.

Prosecutor Matthew Frank said the defense was simply looking for a backdoor way to portray Floyd as a bad person, and the only relevant issue in Floyd’s death is how he was treated by police.

Floyd, who was Black, was declared dead May 25 after Chauvin, who is white, pressed his knee on Floyd’s neck for about nine minutes while he was handcuffed and pleading that he couldn’t breathe. Floyd’s death, captured on a widely seen bystander video, set off weeks of sometimes-violent protests across the country and led to a national reckoning on racial justice.

Just two more jurors were needed for the trial. The 12 jurors seated through Thursday are evenly split by race, with six white jurors, four Black and two multiracial, according to the court. The last two jurors chosen will be alternates.

Opening statements are March 29 if the jury is complete. That process was on track to finish nearly a week early despite news that the city would pay a $27 million settlement to Floyd’s family.

Jurors added Thursday include a white registered nurse in her 50s who assured the court that she wouldn’t draw on her medical knowledge at Chauvin’s trial, and a Black woman in her 60s who said she didn’t watch the entire bystander video of Floyd’s arrest and didn’t know enough to form a firm opinion of Chauvin or Floyd.

The 12th juror seated, a white woman in her 40s who works in commercial insurance, said she has experience with someone who struggled with alcohol, and might view someone who uses drugs cautiously, saying they could act violently or aggressively when under the influence.

But she said she doesn’t believe someone who uses drugs or doesn’t cooperate with police should be treated poorly. “If someone uses drugs, I don’t think there should be ramifications of violence for that,” she said.

Three other former officers face an August trial in Floyd’s death on charges of aiding and abetting second-degree murder and manslaughter.

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Find AP’s full coverage of the death of George Floyd: https://apnews.com/hub/death-of-george-floyd

Grinnell College sees record applications

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The odds of being accepted as a new student at Grinnell College are becoming extraordinarily low, as the institution in Grinnell is seeing a tremendous jump in the number of prospective students.

Grinnell set another record this spring for students seeking admission, according to Joe Bagnoli, vice president for enrollment and dean of admission and financial aid. “We had over 10,400 applications for 450 seats in our first year class,” Bagnoli says. “Our prior record of applications, a little over 8,000, was just last year, so, we’ve had a substantial increase in applications this year.”

It’s part of a rising trend, he says. A decade ago, the college had 2,900 applications for about as many seats. Just over a year ago, Grinnell College was one of the first institutions of higher learning in Iowa to shut down its campus due to the COVID-19 pandemic and shift to virtual learning.

While students are slowly being reintroduced to campus this spring, Bagnoli says the college made a coronavirus-induced change that shifts who gets invited.
“We had a number of students we admitted in the last cycle decide that they wanted to delay their arrival until the fall of ’21,” he says, “which would admit that we maintain the same number of students to accommodate in the fall, we would have needed to reduce the number of offers we made to this year’s first-year students or this year’s high school seniors.”

Bagnoli says another factor in the skyrocketing number of applicants is that the college adopted a new policy for admittance this year. “Grinnell had for many, many years required an ACT or an SAT of all of its applicants for admission,” he says, “but recognizing that so many of this year’s high school seniors would not have access to a test center, we adopted a ‘test optional’ admission policy for the fall of ’21.”

That policy was recently extended to the fall of ’22 for this year’s juniors. In addition, Bagnoli says Grinnell College is receiving a lot of applications from Iowa students, for two big reasons.

“The Iowa Scholars program that awards a $12,000 scholarship annually to every student who is admitted and is a resident of the state of Iowa,” he says. There’s also the Iowa Access Initiative which awards a full tuition scholarship to students who are Iowa residents and whose family earns less than $75,000 a year.

Despite the increased interest, Bagnoli says Grinnell College has no plans to increase enrollment.

(By Timothy Dill, KGRN, Grinnell)

Oskaloosa will again hold Art on the Square in June

An Oskaloosa event that was cancelled last year due to coronavirus is coming back later this year.

“Art on the Square was one of the first events that had to be cancelled last year, but Art on the Square 2021 will mark the return of live in-person festivals to downtown Oskaloosa.”

Oskaloosa Main Street Director Jessica Reuter tells the No Coast Network her organization is planning to hold Art on the Square outdoors at the Oskaloosa Square.

“We always have a Plan B in mind.  But as of right now, we are planning for Art on the Square 2021 to take place Saturday, June 12 from 10am to 4pm in City Square Park.”

Vendors who have participated in Art on the Square in the past have already received application forms for this year’s event.  The deadline for early bird applications is April 2.

Iowa House passes bill relaxing gun permit laws

Republicans in the Iowa Legislature are again working to rewrite the state’s gun laws with a bill that would allow people to buy firearms and carry a concealed handgun without first obtaining a state permit.

The measure continues moves to lessen restrictions on gun ownership that have been a priority for Republicans since the party took control of state government in 2017.

The bill passed the House on Wednesday night (3/17) with the support of all Republicans and a single Democrat would eliminate current state permit requirements and the accompanying background checks that ensure the person obtaining or carrying a gun isn’t disqualified from ownership due to past felonies or abuses. The bill also eliminates firearms training now required to obtain a gun permit.

Currently, buying a gun from a federally licensed dealer requires a background check. In Iowa to buy a handgun from anyone else, a carry or purchase permit is required that necessitates a background check. There are no such protections even now for someone buying a rifle or shotgun from a unlicensed seller in the state, leading the gun safety advocacy group Everytown for Gun Safety to argue that Iowa’s laws are already weak.

The bill now moves to the Senate.

“Those practicing Second Amendment rights would no longer have to get a permission slip to practice their basic fundamental right,” said Rep. Steven Holt, a Republican western Iowa businessman who has been a driving force behind previous gun rights expansion laws.

House Republican Leader Matt Windschitl, who has tried for years to pass similar measures, said the bill is about “the basic human rights to self preservation that is encompassed in the Second Amendment.”

Scott Jones, a lobbyist for the National Rifle Association, said Iowa’s current laws treat gun rights as a privilege and not a right. He said criminals already carry concealed guns without regard for the law so the bill improves Iowans’ right of self defense.

“This legislation simply puts law abiding Iowans on equal footing,” he said.

Democratic Rep. Christina Bohannan, a constitutional law professor at the University of Iowa, said the current permit system strikes a balance between the rights of gun owners and the rights of everyone to be safe in public spaces. Under this bill, Iowa would have no permit requirement for the first time in more than 40 years.

“By eliminating state permit requirements and background checks this will make it much more difficult to stop gun violence before it happens,” she said.

Traci Kennedy, a volunteer with the Iowa chapter of Moms Demand Action, said the bill weakens gun measures widely supported by Iowans and raises basic public safety concerns.

“What keeps me up at night is wondering whether my children will be safe at school or will be safe in any number of public places if these most basic restrictions are firearms are lifted,” she said.

The bill has no registered support from Iowa law enforcement or public safety organization lobbyists, and Polk County Sheriff Sheriff Kevin Schneider, a Democrat, said the bill presents an increased danger to law enforcement officers because if the law passes “people will now have access to guns with the same convenience as buying a bottle of water — no questions asked.”

Iowa is among 22 states that now require background checks for firearm sales.

Most states, including Iowa, now require a permit to carry a handgun in public, but the bill would place Iowa among 17 states that don’t require a permit to carry in public.

The House on Wednesday also passed a bill that would make it more difficult to sue a company that makes, imports, distributes or sells a gun for injuries caused by its lawful use unless it is proven defective.

Since they gained control of the legislature in 2017, Republicans have chipped away at gun laws. The first year they had the majority, Republicans approved a stand your ground law that allows people to use deadly force anywhere they feel their life or safety is at risk. Last year Gov. Kim Reynolds signed into law a measure that protects shooting ranges from being shut down by cities or counties and prohibits local governments from passing local laws on firearm ownership, possession or transfer.

In January, Republicans passed without Democratic votes a resolution to add gun rights language to the Iowa Constitution, If approved by voters in November 2022, it would make Iowa one of only four states with language that could make it easier to strike down gun laws.

While Republican-run states are seeking to weaken gun laws Democrats now in charge in Congress are pushing for more gun limits nationally. The U.S. House recently passed two bills to require background checks on all firearms sales and transfers and to allow an expanded 10-day review for gun purchases. Passage is likely to be difficult in the equally divided U.S. Senate,

Mahaska County Law Enforcement Center to open to public

Starting Monday (3/22), the Mahaska County Law Enforcement Center will once again be open to the public.  Visitors will be asked to wear masks and maintain social distance inside the center.  The Mahaska County Sheriff’s Office also says that the County Jail will again allow inmates to get visitors on or around April 1.  It was exactly one year ago (3/18/20) that the Law Enforcement Center was closed to the public because of the coronavirus pandemic.

Despite headwinds, House set to OK Dems’ immigration bills

By ALAN FRAM

WASHINGTON (AP) — Democrats seemed poised to claim victory Thursday in the House’s first votes this year on immigration, but moving legislation on the divisive issue all the way through Congress is an uphill fight.

With the blessing of President Joe Biden, the House was set to vote on one bill clearing a path for over 2 million young “Dreamer” immigrants and others to gain legal status and a chance for citizenship. A second measure would do the same for around 1 million immigrant farm workers. Both seemed certain to pass.

White House statements endorsing both measures noted that many immigrants in the U.S. illegally have been essential workers during the pandemic. It said approving the legislation would “deliver much needed economic security and stability to millions of people who currently face perpetual uncertainty and vulnerability.”

But party divisions and solid Republican opposition mean pushing legislation on the issue through the Senate remains difficult, especially for Biden’s goal of a sweeping measure helping all 11 million immigrants in the U.S. illegally become citizens. The partisan battle shows little promise of easing before next year’s elections, when Republicans could use it in their effort to regain House and Senate control.

Work on the legislation comes as the number of migrants attempting to cross the border has been growing since April, with the 100,441 reported last month the highest level since March 2019. Homeland Security Secretary Alejandro Mayorkas said Tuesday that figure is on track to reach a 20-year high.

Scores of groups supporting the bills include the U.S. Chamber of Commerce. Among those arrayed in opposition is the conservative Heritage Action for America.

GOP lawmakers have been singularly focused on the growing wave of migrants, including children, trying to enter the U.S. from Mexico and blaming Biden administration policies for it. Though neither House bill would affect those trying to cross the boundary, top Republicans were urging rank-and-file lawmakers to oppose both measures.

“By failing to include enforcement provisions to deal with the tide of illegal immigration or provisions to address the humanitarian crisis at the border, the bill would only worsen the flow of illegal immigrants to the U.S.,” an email No. 2 House GOP leader Steve Scalise of Louisiana sent his colleagues said of the “Dreamers” measure.

Democrats were showing no signs of wavering from either bill, similar versions of which the House approved in 2019. Seven Republicans voted for the “Dreamers” bill and 34 backed the farm workers measure that year, but GOP support was expected to plummet this time as the party rallies behind demands for stiffer border restrictions.

“It looks like they’re trying to weaponize the border situation against Democrats in 2022 to say that we’re weak on border security,” said Democratic Rep. Henry Cuellar, whose south Texas district abuts the border.

Both 2019 measures died in what was a Republican-run Senate and never would have received the signature of Donald Trump, who spent his four years as president constricting legal and illegal immigration.

To counter GOP messaging, Cuellar said, Biden must send “a clear message about the border, ‘Hey, you can’t come here illegally.’” Republicans say the administration’s policies and rhetoric have encouraged the migrants to come.

In an ABC News interview that aired Wednesday, Biden said, “I can say quite clearly: Don’t come over.” He has ended Trump’s separation of young children from their migrant families and allowed apprehended minors to stay in the U.S. as officials decide if they can legally remain, but has turned away most single adults and families.

No. 2 Senate Democrat Dick Durbin of Illinois said this week that he saw no pathway for an immigration overhaul this year, citing GOP demands for tough border enforcement provisions. Democrats would likely need at least 10 GOP votes in the 50-50 chamber to pass immigration legislation.

The “Dreamer” bill would grant conditional legal status for 10 years to many immigrants up to age 18 who were brought into the U.S. illegally before this year. They’d have to graduate from high school or have equivalent educational credentials, not have serious criminal records and meet other conditions.

To attain legal permanent residence, often called a green card, they’d have to obtain a higher education degree, serve in the military or be employed for at least three years. Like all others with green cards, they could then apply for citizenship after five years.

The measure would also grant green cards to an estimated 400,000 immigrants with temporary protected status, which allows temporary residence to people who have fled violence or natural disasters in a dozen countries.

The other bill would let immigrant farm workers who’ve worked in the country illegally over the past two years — along their spouses and children — get certified agriculture worker status. That would let them remain in the U.S. for renewable 5 1/2-year periods.

To earn green cards, they would have to pay a $1,000 fine and work for up to an additional eight years, depending on how long they’ve already held farm jobs.

The legislation would also cap wage increases, streamline the process for employers to get H-2A visas that let immigrants work legally on farm jobs and phase in a mandatory system for electronically verifying that agriculture workers are in the U.S. legally.

Nearly half the nation’s 2.4 million farm workers were in the U.S. illegally, according to Labor Department data from 2016.

Mahaska County Board lowers tax levy

The Mahaska County Board passed its budget for fiscal year 2022 on Monday (3/15).  On Wednesday (3/17), they amended that budget—in the favor of taxpayers.  The Board of Supervisors voted to lower the general supplemental levy 19 cents from $1.74 of assessed value to $1.55.  County Board Chairman Mark Groenendyk explains that lowering that part of the tax levy will get its general supplemental fund balance closer to state standards for ending balances.

Covid vaccines for all Iowans will be available in April

Iowa Gov. Kim Reynolds said Wednesday (3/17) that all Iowa residents will be eligible for coronavirus vaccinations on April 5 as long as supply projections are met.

Reynolds said the federal government is promising a surge in supply in late March that will enable enough vaccinations to meet much larger demand. Until then, vaccinations are only available to adults in certain occupations, people older than 65 or those who have qualifying health conditions.

Reynolds said the state doesn’t plan to offer new ways to help people sign up for vaccinations, but she argued the main issue was adequate supply and not issues around scheduling.

Southern Iowa Speedway cars and drivers at Penn Central Mall

Coming up on Friday (3/19) and Saturday (3/20), racing fans will be able to see the cars and drivers who will compete this year at the Southern Iowa Speedway in Oskaloosa.  The cars will be on display at Penn Central Mall in Oskaloosa starting at 5pm Friday and until the late afternoon on Saturday.  The Southern Iowa Speedway season starts Wednesday, April 21.  Remember, KBOE-FM will have live coverage of races at the Southern Iowa Speedway throughout the 2021 season.

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