May 22, 2012

Appeals Court says Burlington man’s last wish to freeze head must stand

The Iowa Court of Appeals has ruled a family must allow their brother’s body to be dug up so his head can be frozen. Longtime Burlington pharmacist Orville Richardson bought a membership with the Alcor Life Extension Foundation in 2004 to have his head cryogenically frozen when he died.

Documents signed with the company stated the procedure would be done with the hope of possibly bringing Richardson back to life in the future. He paid the company just over $53,000 for the membership. Orville’s brother David and sister Darlene took over his care in 2008 when he became ill. The informed Alcor they had taken over Orville’s care, but when he died in 2009 they didn’t notify the company and had his body embalmed and buried.

Two months after his death the family wrote Alcor and requested a refund of the $50,000 Orville had paid to have his head frozen. Alcor wrote back demanding Orville’s remains so it could follow through with the procedure, and offered to pay the costs associated with digging up and shipping his remains to the company. The brother and sister resisted and Alcor filed suit against them.

The district court ruled in favor of Orville’s siblings, but the Iowa Court of Appeals says Alcor is entitled to an injunction against the brother and sister. The court says despite the novelty of cryogenics, the case is dictated by longstanding traditions that defend the wishes of the person involved in their method and location of burial. And it is up to the courts to find a remedy when one party has violated another’s rights, which the brother and sister did to Alcor because they had known of Orville’s desire to have his head frozen and did not notify the company of his death.

The Appeals Court said it could not decide whether it had been too long since Orville had been buried to follow through with the procedure, because that would require scientific and philosophical judgments they are not prepared to make. They ordered the district court to move ahead and order Orville’s remains be disintered and sent to Alcor per their agreement.

See the entire ruling here: Burlington Cryogenic ruling. PDF

Branstad crying foul over critical ad campaign

Ad attacking Terry Branstad

Ad attacking Terry Branstad

Former Governor Terry Branstad is crying foul over an ad campaign that’s attacking his 16-year record as governor. 

Branstad, a Republican, is seeking a fifth term as governor and a group called “Iowans for Responsible Government” has sent mail to Iowa Republican voters and is running ads critical of Branstad’s fiscal record. ”It’s a front group,” Branstad says.  “They don’t even identify who is paying for it.” 

The mailing from the group leads off with this question:  “What kind of a Democrat raised Iowa taxes 30 times?”  The inside headline reads: “It wasn’t a Democrat.  It was Terry Branstad.”  Branstad says that’s not the “whole story.”

“It is, again, taking some things out of context and not pointing out the fact that when I was governor we cut taxes and we restored fiscal responsibility and we got the budget balanced for the first time on generally accepted accounting principles,” Branstad says.

Branstad cites his actions as governor which cut state income taxes by 10 percent, across-the-board and eliminated inheritance taxes for children and grandchildren. The ad cites Branstad’s actions which raised the gas tax “by 54 percent and the sales tax twice — by a total of 67 percent.”

“We’re not going to let them get by with that,” Branstad says.  “…I find it kind of interesting that you have a liberal trial lawyer who was chairman of the Democratic Party and who has contributed to Chet Culver’s campaign who is now running these misleading ads.” 

Branstad-Ad-2

Inside of mailer that attacks Branstad's record.

The lawyer Branstad is referring to is Rob Tully, a former Iowa Democratic Party chairman who is listed on paperwork filed with the Internal Revenue Service as the group’s “custodian.”  Branstad accuses Tully of trying to “fool Republican primary voters with misinformation.”

“We’re not going to let them get by with that,” Branstad says, “because we’re going to tell them the whole story.”

According to Branstad, the group’s ads are a signal Democrats believe he is the only candidate who can beat the incumbent Democratic governor. Branstad is demanding that the group attacking his record reveal who has contributed to the effort, but the next disclosure report isn’t due ’til after the June 8th primary.  “Iowans for Responsible Government” operates under tax rules for groups that are formed “for the purpose of influencing the selection” of candidates for public office.

DNR considers change in Dickinson County boating laws

The Iowa D.N.R. is considering changes to a couple of boating laws that would only impact boaters in Dickinson County. Rich Jordet is with the D.N.R. Law Enforcement Bureau in northwest Iowa says one of the changes would help address safety concerns and reduce soil erosion around the shore.

If approved, zones would be established where boaters would be restricted to speeds of less than 5 miles an hour. Currently, the areas are marked as “no wake” zones. “In order to get consistency for both the public and law enforcement, we went 5 miles per hour instead of the no wake,” Jordet explained. “No wake is a hard thing to describe.”

Another change would alter a state law that limits boat speeds within 300 feet of shore. Jordet says the speeds would be restricted to 5 miles per hour – down from 10 miles per hour. The proposed changes will be the topic of a public meeting at 7 p.m., May 25, at Gull Point State Park Lodge, on the west shores of West Okoboji Lake

Belmond-Klemme teacher honored

While an Iowan was named as the National Teacher of the Year last month, another contest is placing an Iowan among the country’s top five teachers. Don Dye, who teaches English at Belmond-Klemme High School, will be honored next week on the ABC-TV program “Live with Regis and Kelly” in New York City. Dye says it’s a thrill to win the recognition.

Dye says out of the thousands of nomination letters that were sent to the show, the list was whittled down to ten, and then the ten were narrowed to five by an on-line vote — and Dye is among the five. He says the entire process was kept secret from him until the top ten were named on national TV last week.

“When they announced it, I was just thunderstruck,” Dye says. “It didn’t even soak in right away what was going on until my friends came out with balloons and then I put the pieces together. It’s just awesome and it’s so humbling to be selected as one of the top five in America.” Dye has been teaching since 1971 and has been at Belmond-Klemme 37 years. He has no plans to retire and says he loves his job.

“My students have always been fantastic to me,” Dye says. “They’ve treated me so well over the years and the people in Belmond are absolutely remarkable people. It’s a wonderful community with just fantastic people.” Dye will leave Monday for New York and will appear on “Regis and Kelly” next Thursday, May 20th.

In March, Sarah Brown Wessling, an English teacher at Johnston High School, was named the National Teacher of the Year. She got to visit the White House and met President Obama. It’s the first time since 1958 an Iowa Teacher of the Year was named the National Teacher of the Year.

By Pat Powers, KQWC, Webster City

State to look at alcohol ban at the Great Lakes during July 4th

State regulators may ban alcohol use at Iowa Great Lakes beaches this July 4th weekend. The Natural Resources Commission will take up an emergency ban on alcohol during their meeting Thursday. Iowa Department of Natural Resources director Rich Leopold says Independence Day celebrations at the lakes have gotten out of hand.

“During this weekend it’s become uncontrollable, we can’t get officers in, we can’t get ambulances in,” Leopold says. He says they need to find a way to bring things under control.

[Read more...]

Another bridge incident in the Quad Cities

Quad Cities police are investigating another incident on a Mississippi River bridge. It happened early yesterday afternoon in the eastbound lanes of the I-80 Bridge near LeClaire, which are closed for construction.

It started when a motorist drove through construction barricades on the eastbound lanes of the interstate, then onto the bridge. Police say he crashed, then climbed down a ladder onto a construction platform under the bridge. But he eventually surrendered and was taken into custody.

Last Saturday, Bettendorf police were chasing a stolen car on the I-74 Bridge when the driver, 32 year old Matt Haessler of Davenport, crashed and ran from them. Haessler stepped over a railing. He either jumped or fell into the river and is presumed drowned.

By Phil Roberts, Davenport

Dedication set of Korean War monument in Cedar Rapids

A new monument to Iowa’s Korean War veterans will be dedicated on June 1 in Cedar Rapids. Mike Jager, the city’s Veterans Memorial director, say the monument will be inscribed with the names of 507 Iowa natives who were killed in the conflict or listed as missing in action according to official federal records.

Jager described the monument as square and about six-and-a-half feet high. It will be placed in Veterans Memorial Park in Cedar Rapids, just outside the Veterans Memorial baseball stadium. The Korean War began in June 1950 and ended in July 1953.

“Often times the Korean War is called the forgotten war as it came between World War Two and Vietnam,” Jager said. “We just wanted to make sure the Korean War and the sacrifices of those veterans was not forgotten here in Cedar Rapids.”

Former Secretary of State Colin Powell will be among the speakers at the June 1 dedication. His visit and the monument are both being paid for by P-M-X Industries, a Cedar Rapids subsidiary of a company based in Korea.

P-M-X specializes in the production of copper and copper alloys. Jager says more than 700 Iowans may have been killed in the Korean War, but the government has only been able to officially identify 507.