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Bahena Rivera murder trial moved to Sioux City

A Mexican national charged with first-degree murder in the abduction and killing of 20-year-old Mollie Tibbetts will have his trial moved from Poweshiek County to Woodbury County in northwest Iowa.  A judge on Wednesday (3/27) approved a motion filed earlier this month to have Cristhian Bahena Rivera’s first-degree murder trial moved out of Poweshiek County. Rivera’s trial is now set to be held in Sioux City on September 3. His attorneys had argued the trial should be moved to allow for more minority representation in the jury pool.  Rivera is accused of killing Tibbetts, who disappeared while out for a run July 18 in Brooklyn. Investigators recovered her body a month later in a cornfield. Officials say she was stabbed to death.  Rivera, who is accused of being in the country illegally, worked at a dairy farm a few miles from where Tibbetts disappeared.

Osky boys track season starts

The Oskaloosa High boys’ track team opened its season Tuesday (3/26) with a new school record.  The Indians took on Albia, Centerville and Chariton at Statesmen Community Stadium.  Oskaloosa’s sprint medley relay team of Casey Hill, Aaron Blom, Brayden VanKampen and Carter Huyser took first in a school record 1:37.81.  Casey Hill also set a personal best when he won the discus with a toss of 145 feet.  Other firsts for Oskaloosa came from Aaron Blom in the long jump, Carter Huyser in the 800, Isaiah Haywood in the 400 and Brayden VanKampen in the 400 hurdles.  The next meet for the Oskaloosa boys is Saturday (3/30) at Knoxville.  Saturday’s meet will also be the first meet of the year for the Oskaloosa girls.

 

No Immunity for Vanhemert, Trial to Commence on April 9

Judge Lucy Gamon has denied Luke Vanhemert’s claim of immunity from prosecution under Iowa’s “Stand Your Ground Law”.   In overruling the Defendant’s Motion to Force Immunity, Judge Gamon distinguished the Iowa law from a similar statute in Florida holding that under Iowa Law, a Defendant is immune only for  a claim of damages, not from criminal prosecution for the use or threatened use of force.  Vanhemert, who is charged with second-degree murder in the stabbing death of William Penn student Marquis Todd on March 1, 2018, will stand trial as scheduled in Mahaska County District Court commencing on April 9.

Backlash, questions follow dismissal of Jussie Smollett case

CHICAGO (AP) — Prosecutors still insist Jussie Smollett faked a racist, anti-gay attack on himself in the hopes that the attention would advance his acting career. The “Empire” star still says he was assaulted by two men late at night in downtown Chicago.

But with little explanation, authorities on Tuesday abruptly dropped all charges against Smollett, abandoning the criminal case only five weeks after the allegations were filed. In return, prosecutors said, the actor agreed to let the city keep his $10,000 in bail.

The dismissal drew a swift backlash from the mayor and police chief and raised questions about why Smollett was not forced to admit what prosecutors had said they could prove in court — that the entire episode was a publicity stunt.

Among those sure to keep pressing for answers is Chicago Mayor Rahm Emanuel, who appeared blindsided by the decision. His voice rising in anger at times, Emanuel called the deal “a whitewash of justice” and lashed out at Smollett. He said Smollett had exploited hate-crime laws meant to protect minorities by turning the laws “inside out, upside down for only one thing — himself.”

“Where is the accountability in the system?” Emanuel asked. “You cannot have, because of a person’s position, one set of rules apply to them and another set of rules apply to everybody else.”

Smollett has become a household name as a result of the case, but it’s unclear if the dropped charges will diminish the taint that followed his arrest last month. His insistence that he had been vindicated may make the entertainment industry cautious about fully embracing him.

Defense attorneys said Smollett’s record was “wiped clean” of the 16 felony counts related to making a false report. The actor, who also agreed to do community service, insisted that he had “been truthful and consistent on every single level since day one.”

“I would not be my mother’s son if I was capable of one drop of what I was being accused of,” he told reporters after a court hearing. He thanked the state of Illinois “for attempting to do what’s right.”

In a statement, a spokeswoman for the Cook County prosecutors’ office said the dismissal came “after reviewing all of the facts and circumstances of the case.” Tandra Simonton called it “a just disposition and appropriate resolution,” but said it was not an exoneration.

First Assistant State’s Attorney Joseph Magats said prosecutors “stand behind the investigation and the facts.”

When dropping cases, prosecutors will sometimes insist that the defendant accept at least a measure of responsibility. Outside court, neither Smollett nor his legal team appeared to concede anything about his original report in January .

Defense attorney Patricia Brown Holmes said Smollett was “attacked by two people he was unable to identify” and “was a victim who was vilified and made to appear as a perpetrator.”

Authorities alleged that Smollett, who is black and gay, knew the men and arranged for them to pretend to attack him.

Emanuel, who leaves office in May after two terms, said the hoax could endanger other gay people who report hate crimes by casting doubt on whether they are telling the truth.

Police Superintendent Eddie Johnson said Chicago “is still owed an apology.”

“I’ve heard that they wanted their day in court with TV cameras so that America could know the truth. They chose to hide behind secrecy and broker a deal to circumvent the judicial system,” he said.

Chicago’s top prosecutor, Cook County State’s Attorney Kim Foxx, recused herself from the investigation before Smollett was charged, citing conversations she had with a Smollett family member.

Many legal experts were surprised by the dismissal, especially the fact that it did not include any condition that Smollett apologize and admit he staged the assault.

“This situation is totally bizarre. It’s highly, highly unusual,” said Phil Turner, a Chicago defense attorney and former federal prosecutor with no ties to the case.

Smollett reported that he was attacked around 2 a.m. on Jan. 29 on his way home from a sandwich shop. Investigators said he made the false report because he was unhappy with his pay on “Empire” and believed it would promote his career.

The actor plays the gay character Jamal Lyon on the hit Fox TV show, which follows a black family as they navigate the ups and downs of the recording industry.

Smollett said two masked men shouted racial and anti-gay slurs, poured bleach on him, beat him and looped a rope around his neck. He claimed they shouted, “This is MAGA country” — a reference to President Donald Trump’s “Make America Great Again” campaign slogan. He asserted that he could see one of the men was white because he could see the skin around his eyes.

Police said Smollett paid $3,500 to the two men, both of whom are black.

The men were brothers Abimbola “Abel” and Olabinjo “Ola” Osundairo, and one of them had worked on “Empire.” An attorney for them, Gloria Schmidt, has said the brothers agreed to help Smollett because of their friendship with him and the sense that he was helping their careers. They declined to comment.

Schmidt said in a statement Tuesday: “The Osundairo brothers were fully prepared to testify in any criminal proceeding in the Jussie Smollett case.”

On Wednesday, Smollett’s attorney told “Good Morning America” that the two brothers are lying. Tina Glandian said Smollett had hired one brother as a personal trainer, and that they discussed training and nutrition in the hours before the attack as Smollett’s flight to Chicago was delayed. But she said Smollett had no idea who attacked him until the brothers were later identified by police.

She said Smollett is a crime victim and “just wants his life back.”

Before the attack, police said, Smollett also sent a letter threatening himself to the Chicago studio where “Empire” is shot. The FBI, which is investigating that letter, has declined to comment.

Smollett said he wanted “nothing more than to get back to work.” But his future with the show was unclear. Shortly after the charges were filed, producers announced that his character would be removed from the final two episodes of the season.

Fox Television, which produces “Empire,” issued a one-sentence statement late Tuesday saying only that the company was “gratified” that the charges had been dropped.

___

Associated Press Writer Caryn Rousseau contributed to this report.

Ritenour to be tried in Lee County

Citing media and social media coverage of the Ritenour proceedings, Judge Myron Gookin ruled yesterday that Alicia Ritenour’s defense team would be prejudiced by a Mahaska County jury pool and ordered that her trial be moved to Lee County.  Ritenour was re-charged after her convictions for first-degree murder and child endangerment for killing her two-year-old child Ava were overturned in December of 2018.   Ritenour’s new trial in Fort Madison is slated to begin on August 13, 2019.

Maren Morris’ Girl Debuts as Top Country Album

CMT – Women may be scarce on Billboard’s country charts, but this week one of them boasts the genre’s bestselling album. And it’s about damn time.

We’re referring, of course, to the debut of Maren Morris’ much-anticipated Girl. Apart from its country eminence, it also rolls in at No. 4 on the Billboard 200 all-formats rankings. The excitement surrounding the album boosts Morris’ previous collection, Hero, from No. 42 to No. 26.

Meanwhile, the unsinkable Luke Combs’ “Beautiful Crazy” crowns the airplay chart for the third week in a row.

No other albums debut this week, but The Essential John Denver comes back aboard at No. 36.

There are two new songs to celebrate — Travis Denning’s “After a Few” (arriving at No. 58) and Combs’ “Houston, We Got a Problem” (No. 60). Returning to action are Walker Hayes’ “90’s Country” (No. 55) and Zac Brown Band’s “Someone I Used to Know” (No. 59).

The No. 2 through No. 5 albums, in that order, are Combs’ This One’s for You (last week’s No. 1), Florida Georgia Line’s Can’t Say I Ain’t Country, the self-titled Dan + Shay and Kacey Musgraves’ Golden Hour.

Rounding out the Top 5 songs array are Chris Stapleton’s “Millionaire,” Riley Green’s “There Was This Girl,” Jason Aldean’s “Girl Like You” and Brett Young’s “Here Tonight.”

A tip of the hat to the newest additions to the Country Music Hall of Fame — Brooks & Dunn, Ray Stevens and retired RCA Records chief Jerry Bradley.

http://www.cmt.com/news/1804073/maren-morris-girl-debuts-as-top-country-album/

Statewide tornado drill Wednesday

This is Severe Weather Awareness Week in Iowa.  One of this week’s activities is a statewide tornado drill that will take place Wednesday morning (3/27) at 10:10am.  Meteorologist Allan Curtis with the National Weather Service office in Des Moines talks about the drill.

“We do the practice test, one, for us to make sure that everything is working.  But two, so the public is able to figure out and see the different ways they can get the information….make sure their cell phones and weather radios, other things of that nature, make sure that they’re all in proper working order. And in general, it’s just a great tuneup for severe weather season.”

Curtis also says it’s a good time for you to get together with your family and figure out what you’ll do this summer when school is out…..where you should take shelter.  Again, the statewide tornado drill is Wednesday morning at 10:10am.  The No Coast Network will broadcast warnings during the drill.

Change of venue hearing for Bahena Rivera to be held Wednesday

A hearing will be held Wednesday (3/27) in Montezuma on whether Christian Bahena Rivera’s first degree murder trial will be moved.  Bahena Rivera is accused of killing 20-year-old Mollie Tibbetts of Brooklyn last July.  His attorneys have asked that the trial be moved from Poweshiek County to a more diverse area.  On Monday (3/25), the Poweshiek County Attorney’s Office and State Attorney General’s Office filed a response saying that Tibbetts’ death “touched many…residents and her death has significantly and emotionally affected many residents of the county and prospective jurors, making it extremely difficult to obtain a fair and impartial jury.”  A hearing on the change of venue motion is scheduled for Wednesday morning in Montezuma.

March 26 – On This Day

In 1996 – The Woman in Me the second studio album by Shania Twain was at #1 on the Country chart. It went onto become her biggest-selling recording at the time of its release, selling 4 million copies by the end of the year. “Whose Bed Have Your Boots Been Under?”, a song about a woman confronting her lover about his frequent infidelity, was released at the first single from the album.

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