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
Features
AP Video
NCAA Settles Head-injury Suit, Will Change Rules Jury Awards Ventura $1.8M in Defamation Case Crayola Announces Family Attraction in Orlando Raw: NH Man Held on $1M in Teen's Kidnapping New Sanctions on Key Sectors of Russian Economy Senate Confirms McDonald As VA Secretary Kerry: Not Worried About Israeli Criticism US Ready to Slap New Sanctions on Russia Boater Rescued From Edge of Kentucky Dam Girl Struck by Plane on Florida Beach Dies House to Vote on Slimmed-down Bill for Border Looming Demand Could Undercut Flight Safety Fish Oil Plant Blast Kills One Two Huge Fires Burning in Northern California Giant Ketchup Bottle Water Tower Up for Sale Easier Nuclear Construction Promises Fall Short Suspect Dead, Marshals and Cop Wounded in NYC Judge OKs Record-setting $2B Sale of Clipper Arts, Humanities Awards Handed Out at WH Former Va. Governor's Corruption Trial Begins
Facebook
Hyperlocal Search
Premier Guide
Find a business

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

Upon completion and reopening of Third Street, should the City of Knoxville wait to start the next stage of the Streetscape and Infrastructure project until 2015?

Yes
No
     View Results