Journal Express, Knoxville, IA

Breaking News

August 23, 2013

Court overturns two Neiderbach convictions

Des Moines — The Iowa Supreme Court has confirmed several convictions against Polk County child abuse convict Jonas Neiderbach, but most of the court believes that there was insufficient evidence in two of the counts.

Neiderbach was found guilty of six counts of child endangerment and sentenced to 50 years in prison. His son was less than seven weeks old when the boy suffered 15 fractured ribs, a broken arm and a permanent brain injury over a three-week period. 

Neiderbach appealed his conviction on several grounds. The majority of the Supreme Court agreed to vacate the conviction of two counts of child abuse, related to broken ribs, due to lack of evidence. At trial, Neiderbach also sought to have an in-camera review of the child's mother, Jherica Richardson's, mental health. 

"We vacate the convictions on counts four and five because the evidence was insufficient to prove Jonas inflicted E.N.’s rib injuries. We reverse the order denying Jonas’s motion for an in camera review of Jherica’s mental health records. We remand the case to allow the district court to conduct that review pursuant to Iowa Code section 622.10(4)(a)(2) (Supp. 2011) to determine whether her records contain exculpatory information," Justice Waterman wrote. "We affirm on all other issues. If no exculpatory evidence is found, Jonas’s convictions on counts one, two, three, and six are affirmed, and the district court shall resentence Jonas. If exculpatory evidence is found, then the district court shall proceed as set forth in section 622.10(4)(a)(2)(c) and (d) to determine whether Jonas is entitled to a new trial."

All justices concurred, except for Chief Justice Cady, who concurs specially. Appel, Wiggins and Hecht concur specially, on separate issues. 

The 108-page decision can be read at http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20130823/11-1082.pdf

 

1
Text Only
Breaking News
  • Raceway rebate passed in Senate The Iowa Senate has approved the Knoxville Raceway rebate, 39-10.

    April 23, 2014

  • raceway concept drawing.jpg Senate Committee advances Raceway Rebate

    The Iowa Senate Ways and Means Committee advanced HF2464, a bill intended to rebate up to $2 million in sales tax back to the Knoxville Raceway, this afternoon. 

    April 22, 2014 1 Photo

  • care facility.jpg Supervisors looking for new management team

    The Marion County Board of Supervisors met in closed session Friday morning to discuss the future management of the Marion County Care Facility. 

    April 18, 2014 1 Photo

  • Troy Rider.jpg Rider's motion granted

    Judge John Lloyd has granted a motion filed by Troy Neil Rider's defense, to limit extrajudicial comment by witnesses regarding the sexual abuse case against Rider. 

    April 18, 2014 1 Photo

  • raceway concept drawing.jpg Raceway Rebate passes the House

    Rep. Greg Heartsill reports that the bill to provide up to $2 million in sales tax rebates to the Knoxville Raceway has passed out of the Iowa House of Representatives, 78-15. 

    April 16, 2014 1 Photo

  • Burn ban to be lifted at 11 a.m.

    Marion County's burn ban will be lifted at 11 a.m. Monday, April 14. 

    April 14, 2014

  • Van Wyk.jpg Van Wyk's Jasper County voter registration canceled

    Following a hearing Thursday afternoon, Jasper County Auditor Dennis Parrott has canceled the voter registration of former Republican House District 28 Candidate Jon Michael Van Wyk. 

    April 11, 2014 1 Photo

  • New Governor-Branstad.jpg Flags ordered at half-staff on Friday

    Gov. Terry Branstad has ordered flags to be flown at half-staff in Iowa from 5 p.m. Friday, April 11, 2014, until 8 a.m. Monday, April 14, 2014, in honor of U.S. Army Air Corps 1st Lt. Louis L. Longman, formerly of Clinton, Iowa.

    April 10, 2014 1 Photo

  • field fire 1.jpg UPDATE: KRFD fights wide field fire

    We now know more about a fire broke out in a field at the corner of Pratt Drive and 150th, approximately five miles south of Knoxville, Monday afternoon. 

    April 7, 2014 7 Photos 1 Video

  • Dustin Todd.jpg Todd rejects plea offer

    In Marion County District Court Friday morning, Dustin Blake Todd, 28, rejected what was referred to as the State's one and only plea bargain offer to settle 19 criminal charges against him. 

    April 4, 2014 1 Photo

Features
AP Video
Deadly Fungus Killing Bats, Spreading in US Companies Ramp Up Wellness to Lower Health Costs Raw: Pres. Obama Visits Japan's Imperial Palace Swimmer Michael Phelps Attempts Comeback Bashtag: NYPD Twitter Campaign Backfires Raw: Cattle Truck Overturns in Texas Cubs Superfans Celebrate Wrigley's 100th Admirers Flock to Dole During Kansas Homecoming Alibaba IPO Could Be Largest Ever for Tech Firm FBI Joining Probe of Suburban NY 'Swatting' Call US Reviews Clemency for Certain Inmates Air Force: $4.2B Saved From Grounding A-10s Raw: What's Inside a Commercial Jet Wheel Well Motels Near Disney Fighting Homeless Problem Michigan Man Sees Thanks to 'bionic Eye' Obama to Oso: We'll Be Here As Long As It Takes Bon Jovi Helps Open Low-income Housing in Philly Pipeline Opponents Protest on National Mall Hagel Gets Preview of New High-tech Projects S.C. Man Apologizes for Naked Walk in Wal-Mart
Facebook
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Should more time and money be invested in Knoxville's City Parks?

Yes
No
     View Results