Journal Express, Knoxville, IA

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
News
  • 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

  • Construction Trades pic 1 Marion County building permits on the rise

    It's expected to be a busy construction season around Marion County. According to County Zoning Administrator Missy Poffenbarger, her office has issued 17 building permits since March 18. 

    April 14, 2014 1 Photo

  • Troy Rider.jpg State responds to gag order request

    Marion County Attorney Ed Bull has filed a resistance, on behalf of the State of Iowa, to a motion made by Troy Neil Rider's defense attorney to restrict law enforcement's ability to comment on the pending case. 

    April 14, 2014 1 Photo

  • PHS FFA 10-73.jpg Pleasantville Greenhouse Plant Sales Begin Soon

    The Pleasantville High School Greenhouse will begin its annual greenhouse sales Saturday, April 19, and will continue through Saturday, May 24.

    April 14, 2014 1 Photo

  • Reeds.jpg Bussey pair facing several charges

    Two Bussey residents are charged in a pair of thefts in Otley and Pella on April 5 and April 11. 

    April 14, 2014 1 Photo

  • Loebsack and Mitchell.jpg Video: Loebsack tours Knoxville Fire Department

    Knoxville Fire Chief Jim Mitchell welcomed Congressman Dave Loebsack and wife, Terry, to the fire station Saturday afternoon, April 12. 

    April 12, 2014 2 Photos 1 Video

  • work on Young field.jpg Video: Young's Park field seeing improvements

    City of Knoxville crews have been busy working on the baseball field at Young's Park, with plans to renovate a forgotten field behind the Kiwanis Miracle Playground. 

    April 12, 2014 1 Photo 1 Video

  • Robinson work 1.jpg Rock Island to be closed

    Rock Island, between Highway 14 and Grant, will be closed for approximately three days for sanitary sewer and street repairs. 

    April 12, 2014 1 Photo

  • supes in Pville.jpg County awaits Pleasantville Memorial Hall proposal

    The Marion County Board of Supervisors met with representatives from the City of Pleasantville and Memorial Hall Commissioners from the Rose City, to discuss the status of transitioning the hall from County ownership to the City. 

    April 11, 2014 1 Photo

  • Tom Hoefling.jpg Hoefling's gubernatorial campaign focused on grassroots

    Longtime political activist Tom Hoefling of Lohrville is hopeful that his grassroots campaign, nurtured with the conservatism of Iowans, will gow into a term as Iowa's next governor. 

    April 11, 2014 1 Photo

Features
AP Video
Facebook
Hyperlocal Search
Premier Guide
Find a business

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

Which service of the Knoxville Chamber of Commerce do you believe is most beneficial for its membership?

Events
Legislative lobbying
Promotional material publication
Educational programs for the community
Other
     View Results