January 28, 2012

DNA confirms body found in Texas is missing Iowa woman

DNA evidence has confirmed that a young woman found dead in Texas nearly 26 years ago is a Davenport teenager that went missing after a rock concert. Seventeen-year-old Bambi Dick disappeared on September 29, 1983 after seeing the band Quiet Riot at Col Ballroom.

A little over a week later, an unidentified woman was found strangled to death along a highway north of Amarillo, Texas. Amarillo Police Lieutenant Gary Trupe  says Sergeant Modeina Holmes has worked on the case ever since.

"Modeina was just not going to let this go," Trupe said. "She was going to stay here as long as it took to identify her and thankfully we did." Holmes retired in 2000, but returned part-time in 2002. She went so far as to send 18,000 letters to optometrists around the country.

Trupe says Holmes was hoping someone would recognize the girl who was wearing blue contact lenses. Those letters did not produce any leads. The break in the case finally came last month when Bambi’s brother, Paul, noticed a post on the Jane Doe Network fitting his missing sister’s profile.

DNA from Bambi’s parents confirmed her identity. Edward and Evelyn Dick still reside in Davenport. Lieutenant Trupe says detectives now hope to find Bambi Dick’s killer. "We do have a few people we want to talk to that might help us in tying together her last few days, after she left Davenport and why she was here in Texas," Trupe said. He says the Davenport teen may have left Iowa on her own to visit someone she knew in Texas.

Trupe says investigators are hoping to find that individual to learn more about the girl’s time spent in Texas. "There’s a chance," Trupe said of the potential for making an arrest in the case. "We’re not at a total standstill. There are some people we’re going to talk to…but we’re chasing 26 years." Bambi’s family now plans to get a headstone engraved with her name. They do not plan to move her body from the gravesite in Amarillo.

AUDIO:Radio Iowa’s Pat Curtis report on identification of missing Iowan. :57 MP3

Council Bluffs firefighter loses job after prostitution arrest

The Council Bluffs city councilman who was arrested in a prostitution sting last month has been fired from his job as a firefighter in the Omaha Fire Department. Darren Bates was among six men arrested in the sting at a Council Bluffs hotel on February 3rd.

Bates pleaded not guilty to the misdemeanor charge and is upset Omaha terminated him. "I was expecting to be at least be given my day in court," Bates says. "Obviously, I have a wife and three children to take care of. I lost my livelihood so I’m very disappointed." Bates’ attorney, James Martin Davis, says Omaha’s decision to fire Bates is out of line.

Davis says: "They have presumed Mr. Bates to be guilty. We intend to go to trial on May 5th and get a not guilty verdict. After that, we are not only going to ask the city to give him his job back but to apologize for their rush to judgment." Davis now plans to appeal the decision to an out of state arbitrator.

He says, "In this country, you’re innocent until proven guilty beyond a reasonable doubt and I don’t know why that presumption of innocence has been erased at the fire department." The city of Omaha followed the recommendation of the Omaha fire chief to terminate Bates.

Davis and Bates say the fire chief holds much animosity toward Bates who, until recently, was president of the Omaha Firefighter’s Union. Bates says the fire chief was just waiting for an opportunity to hand him his pink slip.

"He has been looking for a reason for months," Bates says. "All the grievances that we filed over the last year we won all but two and those two are in arbitration now." Bates says the firing is a scare tactic in retaliation for his work as a union leader.  

Command of Iowa National Guard changes hands

Lt. General Ron Dardis, Carmel Dardis, Governor Chet Culver, General Timothy Orr, Suzanne Orr (L-R) The leadership of the Iowa National Guard changed hands Thursday in a ceremony at Camp Dodge in Johnston.

It was the 28th time the command of the state’s national guard has been passed from one general to another since the organization was created in 1839.

This time retiring Lieutenant General Ron Dardis passed the flag of command on to brigadier general Timothy Orr. Dardis took over the top spot in the guard 10 years ago.

“Serving as the Adjutant General of Iowa has been an opportunity of a lifetime, and I thank everyone here who has played a role in supporting me in this endeavor,” Dardis says. Dardis also thanked his wife Carmel and family for supporting him.

Orr was born in Winterset and raised in Earlham and Boone. He is married to Suzanne Orr and has a son and daughter. Orr joined the Iowa Army National Guard after graduating from Boone High School in 1979, and rose up through the ranks while serving tours of duty in Iraq and Afghanistan.

Carmel Orr, General Timothy Orr Orr says, “Being afforded this awesome responsibility of commanding the Iowa National Guard is truly a humbling experience,” Orr said, “I realize that I’ve been entrusted with the leadership and the care of our nation’s most precious resource — the soldiers and airmen of the Iowa National Guard, warriors and your families.”

Orr spoke to governor Chet Culver: “It’s my assessment that the Iowa National Guard is strong, it’s Iowa strong, and I want everyone to know that I am committing all my energy, my effort, my heart and focus, to ensure that the Iowa National Guard is agile, adaptive and prepared for any mission, and that we are always ready in the event that Iowa or the nation calls.”

The new commander also spoke to the soldiers he now commands. Orr says it’s an honor to serve with his fellow soldiers and says there’s no higher privilege than being allowed to serve with “such wonderful Americans.” General Dardis is retiring from the Iowa Guard, but has taken over as the head of the Rebuild Iowa Office.

Listen to the full comments of Dardis and Orr through the links below.

AUDIO: Radio Iowa’s Dar Danielson reports on ING leadership change. 1:11 MP3
AUDIO: Lientenant General Ron Dardis. 3:50 MP3
AUDIO: General Timothy Orr. 3:57 MP3

Appeals Court says casino can’t keep winnings from banned man

The Iowa Appeals Court has overturned a district court ruling that kept a man banned from a casino from collecting thousands of dollars in winnings. Tory Blackford won just over $9,700 in May of 2006 while gambling at the Prairie Meadows Casino in Altoona.

Prairie Meadows however refused to pay Blackford, as the casino records showed he had been involuntarily and permanently banned from the casino. Blackford claimed the ban had been lifted, but casino administrators said their records showed the ban had not changed and they confiscated his winnings and donated them to charity.

Blackford sued to get the money back. The district court upheld the confiscation of Blackford’s winnings, saying that was the intent of the law — even though the law does not mention confiscating winnings of someone who was involuntarily banned.

The Iowa Court of Appeals ruled the district court was wrong in ruling that Prairie Meadows would not be required to pay winnings to a person involuntarily banned based the right to do so for someone who was voluntarily banned themselves from a casino.

The Appeals Court also said while the casino has the right to eject someone from the premises, there is no prevision for what happens to that person’s winnings if they return to the casino after being kicked out. 

Appeals Court upholds Cedar Rapids man’s murder conviction

The Iowa Court of Appeals today upheld the first-degree murder conviction of a Cedar Rapids man who killed a former western Iowa resident. In November 2007, an eastern Iowa jury found Christopher Schmidt guilty in connection with the December 2006 bar-stool beating death of 24-year old Robert Nelson, of Atlantic.

Nelson graduated from the Atlantic High School in 2000. He’d moved to Cedar Rapids just two months prior to his death, in order to be closer to his sisters. Schmidt was sentenced to life in prison for the crime.

In his appeal, he argued that the district court erred when it failed to deliver his proposed jury instruction on lack of motive, and that the lower court abused its discretion over-ruling his motion for a mistrial.

In today’s ruling, the appeals court disagreed on both issues, and upheld Schmidt’s conviction. In a taped confession barred from his trial, Schmidt told investigators he hit Nelson with two bar stools during an argument over money. 

Democrats propose "middle class" tax cut for Iowans earning $125,000 or less

Democrats in the Iowa Legislature are proposing a “middle class” tax cut that would lower or keep taxes the same for two-thirds of Iowans and get rid of a tax break that’s popular with many Republicans. That tax break allows Iowans to deduct their federal tax bill from their income before calculating their state income taxes, but critics say it artificially inflates Iowa’s top income tax rate — making the state uncompetitive in the business world. 

Senator Joe Bolkcom, a Democrat from Iowa City, says the plan will make Iowa’s tax forms simpler, too. ”As this recession continues to play havoc with our economy and with the family budgets of a lot of Iowans, we think now is the time to make a major reform in our income tax code,” Bolkcom says, “to put more money back in their hands.” 

The top income tax rate will fall to just below seven percent and Bolkcom says the tax forms will be simpler, too. ”It’s not every day you can give a tax cut or no change to two-thirds of Iowa taxpayers,” Bolkcom says.  “This is a big deal.”

Representative Paul Shomshor, a Democrat from Council Bluffs, says getting rid of that tax break and lowering Iowa’s top income tax rate will make the state more attractive for businesses. ”Iowa looks like — under the current tax system — that they have an artificially high income tax rate at 8.98 percent.  We’re compared to the other four highest states: California, Vermont, Rhode Island and Oregon,” Shomshor says.  “I don’t think we want to be compared to those four other states.” 

Groups like the Iowa Taxpayers Association and the Iowa Chamber Alliance which represents the 16 largest chambers of commerce in Iowa support getting rid of this tax break.  Shomshor says the change Democrats propose would make Iowa’s top rate almost equal to Nebraska’s, for example. “When you have somebody sitting in a corporate board room in New York or California, looking at tax rates and where to expand business in this country, Iowa doesn’t get a fair shake so this is an important piece of legislation,” Shomshor says. “I’m hopeful the legislature will act on this rapidly and we’ll have change that’s good for middle class families and businesses in this state.”

Democrats concede one-third of Iowans would likely see a “slight increase” in their income taxes under the plan and Senate Democratic Leader Mike Gronstal of Council Bluffs is unapologetic. ”We want to put money in the hands of middle class taxpayers,” Gronstal says. “…So obviously you’ve got to take that from somewhere.”

House Republican Leader Kraig Paulsen of Hiawatha says he doubts lowering Iowa’s top income tax rate will make Iowa a more viable site for business expansion. “Raising taxes on Iowans does not make Iowa more attractive,” Paulsen says. 

Senate Republican Leader Paul McKinley of Chariton calls the proposal a “job killer.”

“Democrats continue to want to saddle Iowans with more taxes which is absolutely the wrong thing to do,” McKinley says, “particularly when we’re in the depths of one of the biggest recessions we’ve seen.”

While Republicans vow to fight the plan, Democrats hold a majority of seats in the Iowa Legislature and Democratic leaders indicate they have enough votes to pass the proposal.  Governor Culver has repeatedly said taxes should not be raised during a recession, but Gronstal — the Democratic leader in the senate — asserts Culver will sign the plan into law anyway.  ”We are confident the governor believes in a middle class tax cut,” Gronstal says.

Click on the audio link below to hear Democrats’ news conference featuring Bolkcom, Shomshor, Gronstal and House Speaker Pat Murphy, followed by Republicans’ news conference featuring Paulsen and McKinley.

AUDIO: Democrats and GOP news conferences (mp3 runs 30 min)

Des Moines man charged after fatal motorcycle accident

Neil "Dan" Hanson One man is dead and another is facing charges after a motorcycle crash Wednesday in Des Moines. The crash happened on the city’s southwest side at 11:30 p.m.

Police say 43-year-old Neil "Dan" Hanson was driving a motorcycle that went off the road and struck a curb. He was thrown from the bike, hit a utility pole and died at the scene. Witnesses said Hanson and another motorcyclist were traveling at a high rate of speed at the time.

The other driver continued on, but witnesses say he returned a short time later, looked at Hanson and then walked away. The man was eventually identified as 48-year-old Michael Hatfield, who lives near the crash site. He was arrested on charges of O-W-I, second offense, and Homicide by Vehicle. Police Sergeant Vince Valdez declined to discuss specifics about the homicide charge.

Michael Hatfield "The investigation is still ongoing, we can’t give those details, but we do believe that Hatfield had something to do with (Hansen’s) death," Valdez told Radio Iowa. Hatfield was released from the Polk County Jail this morning after posting $52,000 bond.