Thursday, April 13, 2023
Vol. 158, Issue 15
Decorah, Iowa 52101 www.decorahnewspapers.com
One Section email: news@decorahnewspapers.com
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Egg-citing time in Decorah Whittle seeks acquittal Lots of peeps came out to The Landing Market in Decorah for their Little Bunny Breakfast Saturday, April 8, including the Easter Bunny (below). Gift bags, delicious food and craft activities were enjoyed by all in attendance, including Nora (left), daughter of Emily and Jake Feller of Decorah.
Whittle defense team files motion for a new trial citing prejudicial evidence, erred jury instruction By Denise Lana More than a month after being found guilty of second degree murder in the shooting death of his stepfather, Larry Whittle, defense attorneys for Aaron Whittle filed a motion for a new trial. Les Blair and Theresa Sampson Brown, Assistant Public Defenders for Aaron Whittle, filed the motion Wednesday, April 5, which cites that evidence introduced by the state was prejudicial and far outweighed any probative value the evidence may have had. Part of the evidence cited refers to dead and unhealthy cattle and calves on the Whittle farm as presented by the state during the trial. The high number of dead cattle and calves on the Whittle farm, as well as the health of the surviving cattle and calves, were a topic of examination by the state. The farm’s hired hand as well as a bank representative testified that Larry was aware of the
condition of the cattle and the number of dead cattle on his farm. Aaron testified that Larry was in the habit of purchasing sick or “no value” cattle and calves to save and increase his profits; Aaron added that Larry often would mix sick cattle with healthy cattle, often spreading sickness through the herds. The other part of evidence cited in the motion refers to the mixer-wagon used on the Whittle farm. During the trial, the state introduced evidence that the mixer was in poor repair and inoperable. Through witness testimony, the court learned that the mixer-wagon was no longer in use, and Aaron testified that Larry and he instead purchased pre-mixed from a local source. Both parts of evidence have “prejudicial impact,” according to the motion, “far outweighed the dubious probative value of the evidence, and the trial could easily have been presented to the jury without the evidence,”
and “added nothing … relevant to the state’s case.” The motion states that the evidence presented did not have any value toward Aaron’s alleged motive and/or malice aforethought and expresses that the state’s “real purpose of the evidence was to inflame the jury’s passions against the defendant.” In addition to the evidence, Aaron’s defense declares that the jury’s verdict was contrary to the evidence, and the state did not prove beyond a reasonable doubt that Aaron shot Larry with malice aforethought to prove second degree murder. As defined in the motion, malice aforethought is a fixed purpose to do harm physically to someone before the act of harming occurs. Malice is the state of mind that would lead a person to intentionally do a wrongful act to another out of actual
Whittle
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Residential use of storage containers discussed
By Denise Lana
With the housing shortage in Decorah, Planning & Zoning Committee members have spent time during P&Z’s past three monthly meetings discussing the possibility of using retrofitted storage containers as residential construction. Addi-
tionally, storage containers have been considered in conjunction with the current proposed amendments to the city’s code regarding accessory buildings being used as dwelling units. Currently, city code prohibits storage containers in all residential zoning districts, but P&Z is working on language
that would possibly allow them to be used as a construction material. Containers used for buildings has been a popular option across the country due to the affordability of the container and ease of amending them. A recent variance was granted for the press box construction
at the high school soccer field, with the two tiers created from containers. As part of the discussion, P&Z is working to compile a list of building codes to give the Board of Adjustment, as well as more information to present to the Decorah City Council at its Monday, April 17 meeting.
More Roadside Management questions arise
By Kate Klimesh
The last 30 minutes of the April 10 Winneshiek County Supervisors meeting were devoted to public comment regarding the Integrative Roadside Vegetative Management Program (IRVMP) which saw its funding halted immediately by majority supervisor action in March. Initially, the program was terminated in full in non-posted action in February but was rescinded at the following meeting. While not terminated, the supervisors immediately suspended any IRVMP spending other than what is essential – wages, benefits or anything required by state law for the pro-
gram – just before the growing season began. This action caused public backlash and response on the IRVMP at supervisors’ meetings ever since. Roadside Manager Cory Meyer also turned in his resignation and is no longer in charge of IRVMP. At Monday’s meeting, Decorah resident and former judge Jim Beeghley presented public comment that included a listing of IRVMP equipment and supplies purchased at least in part by granted funds from Living Roadways Trust Fund, Alliant Energy, Iowa DNR/ Trees Forever, Winneshiek County Pheasants Forever and Weed Commission, Winneshiek County Community Foundation
and local private donors. This totaled $368,649.70 in equipment and seed the program had accumulated at a cost of only $124,028.65 to the county. Included is $33,475 in equipment donated by Dallas County IRVMP. Beeghly queried what would happen to the assets if the program no longer existed and equipment was not being used on county rights-of-way for IRVMP, and what that may cost the county. A packet of information including guidance from a representative of the Iowa DOT was made available at the meeting, detailing DOT grant guidance if the equipment was not continuously used for an IRVMP program per the Living Roadside Trust Fund guidelines,
that the DOT should be notified immediately. The DOT may reassign the assets or dispose of them through a sale to be coordinated by the county with final sale price approved by the DOT. Beeghley asked the supervisors to share their financial information illustrating the savings from suspending the IRVMP. Supervisor Steve Kelsay noted he did not recall getting the itemized financial detail from the engineer they had requested, and Supervisor Mark Vick concurred. Supervisor Dan Langreck noted the report was
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Visit us online - www.decorahnewspapers Top left: “I never want to stop making memories with you” colored pencil drawing by Clairissa Huffman. Top right: “Volcàn Goteante” functional 3D piece by Corina Timm. Bottom left: “Chrysanthemum” computer drawing by Nev Harper. Bottom right: “Hellboy” 3D sculpture by Otto Sim. (submitted photos)
Nine DHS students win awards at NEIA/ LOST revenues’ potential UIC Art Show Roadside management
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legislation brings county resolution The Winneshiek County Board of Supervisors unanimously passed resolution 23-34 Monday, April 10, which supports the one-cent Local Option Sales Tax (LOST) currently in place through county voter referendum including revenue purpose statements directing how the funds should be used at both city and county level.
Their support of the current LOST tax structure and option to choose to implement it or not was supported by the supervisors, who also noted in the resolution that Senate File 550 as currently written, “would not
LOST revenues continued on page 3
Results from the Northeast Iowa/Upper Iowa Conference (NEIA/UIC) Art Show were posted Wednesday, April 5, and nine students from Decorah High School received awards, including four first-place winners. First-place winners include: Clairissa Huffman, colored pencil; Corina Timm, Functional 3D; Nev Harper, Computer Drawing; and Otto Sim, 3D Sculpture. Lily Swenson was awarded second place in the Functional 3D category. Earning third
place honors were: Cora Fisher, Graphite Drawing; Aya Hawthorn, Craft; and Jakob Maret, Painting. Isabella Sailor received honorable mention in the Computer Drawing category. DHS art instructor Erik Dutcher remarked, “I’m so proud of all of the artists who made artwork and presented it at this online show. It’s awesome to have students win awards for their artwork, but the process of creating is the greatest accomplishment.” Visit decorahnewspapers.com to view all DHS contest winners.
Last chance to get on the Citywide Garage Sale map! See page 5.