Newton
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Tuesday, January 28, 2014
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State, defense rest cases in Olea trial
OBITUARIES Buddy G. Bills, 59 Wilma J. Matherly, 90 Joseph Street, 73 INSIDE TODAY
Newton, Iowa
‘Always Watched’
Olea testifies on own behalf; State plays video of interview with police By Bob Eschliman Daily News Editor
Local
Capitol II gets digital projectors
Colin Hansen/Daily News Newton Senior High School DECA/Marketing instructor Karla Cazett talks with students Paul DeHart and Trent Wickliff below the school’s new security cameras.
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NHS undergoes several security enhancements Agriculture
Today is Judgement Day for RFS Page 8A
Sports
Newton’s future cheerleaders Page 1B
By Colin Hansen Daily News Intern Since the 1999 Columbine school shooting, there have been a number of school violence tragedies around the United States. But Newton Senior High School has taken steps to prepare itself for such events. Principal Bill Peters explained the steps the school has taken to keep the students and staff in the safest environment possible. “Schools around the U.S. have went to high-end security based off unfortunate events,” Peters explained.“In
By Bob Eschliman Daily News Editor The attorney for Daniel Edwards, who has been accused of OWI and vehicular homicide in connection with the April death of 14-yearold Brendan O’Brien. Last week, Gerald Feuerhelm, the Des Moines attorney representing Edwards in his felony criminal trial, filed a motion to suppress a urinalysis collected by police following the April 21 incident in which Edwards, 42, struck O’Brien with his car while the Newton teen was walking along-
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side the road. Feuerhelm said police lacked “reasonable grounds” to obtain the urinalysis. According to the motion, the attorney states Edwards was given a field sobriety test at the scene of the accident, which indicated “minimal if any impairment.” He said officers invoked Iowa’s implied consent law at the Newton Police Department, where a breath test showed Edwards had not consumed any alcohol. “A drug recognition exam was then conducted by an [Iowa State Patrolman], which showed minimal if any impair-
ment,” Feuerhelm wrote. He added the urinalysis collection was a violation of Edwards’ Fourth and 14th Amendment rights under the U.S. Constitution and supported by prior Iowa case law. Assistant Jasper County Attorney Scott Nicholson filed a resistance to the motion. District Court Judge Martha Mertz set a hearing for the matter to be held at 1:30 p.m. Wednesday, Feb. 12. A new trial date for the matter will also be slated at that time. Edwards was previously scheduled to stand trial beginning Feb. 12.
Council opens discussions on upcoming budget
Also:
By Zach Johnson Daily News Staff Writer
Astrograph Page 5B
The Newton City Council held a special meeting Monday night to discuss the budget hearings for the upcoming year. Newton City Administrator Bob Knabel presented to the council Monday night for the budget hearing. During the first session of the budget hearing, the council separated wish list items and real priorities proposed in the budget. This resulted in lowering the tax levy by a projected 7 cents.
Classifieds Page 3B Comics & Puzzles Page 6A Dear Abby Page 6A Opinion Page 4A Obituaries Page 3A
“The council has taken a major step forward on some projects that have been out there, including a number of street programs and sidewalk discussion issues,” Knabel said. “The council also has taken an assertive role in regards to personnel with the fire department on call positions and development specialist.” On Thursday, Knabel will be asking the Employee Relations Committee to include the development specialist position for the remainder of this year so that, with council approval, he may begin the hiring process of the development specialist.
April 1 confirmed as PPEL election day
Police Page 3A
By Ty Rushing Daily News Staff Writer
Our 112th Year No. 176
98213 00008
SECURITY See Page 5A
Edwards’ attorney asks court to throw out urinalysis results in vehicular homicide case
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all, we have approximately 27 cameras in the building. We received a grant from the City of Newton providing us money for the security system. It’s hard to say what impact they have had, when it is the stuff that hasn’t happened that the security system is preventing.” Another step the district has taken to provide safety is having staff trained in ALICE. ALICE is a program that prevents the injury of students or staff in the event of an intruder, providing
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After unanimous approval from Newton Community School District’s Board of Education during Monday’s meeting, April 1,
has been officially declared Election Day for the Physical Plant and Equipment Levy. The measure was strongly supported by both Superintendent Bob Callaghan and Board Secretary/Dis-
trict Business Manager Gayle Isaac. Isaac explained the role PPEL plays for school districts and how crucial those funds are to the board. PPEL See Page 5A
Both the state and the defense rested their cases Monday morning in the first-degree murder trial of Joseph Olea. The jury is expected to receive its instructions and begin deliberations Tuesday. District Court Judge Randy Hefner told attorneys for both sides he was reserving his ruling on a defense motion for a directed verdict of not guilty on the first-degree murder charge. If Hefner rules in favor of the defense motion, he will instruct the jury to find Olea, 26, not guilty in the January 2012 death of his 6-month-old son, Kaiden. Outside the presence of the jury, public defender Steve Addington made a procedural motion to enter a directed judgment of acquittal on both counts against Olea: firstdegree murder and child endangerment resulting in death. Hefner’s decision to reserve his ruling until jury instructions are finalized is not uncommon. Jurors were recessed in the late morning and told to return to the Jasper County Courthouse to hear closing arguments beginning at 9 a.m. Tuesday. The seven men and seven women will first hear the court’s instructions, then hear closing statements by the state and defense. After the alternates are selected at random, they will be excused and the remaining jurors will go into deliberations. Monday morning, the jury first heard from the state’s final witness, Lt. Wes Breckenridge of the Newton Police Department, who led the police investigation into Kaiden’s death. Under direct examination by Jasper County Attorney Mike Jacobsen, he testified he was initially contacted by the Iowa Department of Human Services regarding Kaiden’s condition and that he assigned now-Lt. Wayne Winchell — who testified Thursday — to get statements from Joseph Olea and the child’s mother, Chelsea Miller. TRIAL See Page 7A
Park Centre employee facing first-degree theft charge By Daily News Staff A Park Centre employee was charged with first-degree theft, a Class C felony, following an investigation by Newton police of an $11,847 theft from Park Centre. On Dec. 16, authorities received a report of 16 checks totaling $11,847 being deposited into the personal account of Scott T. Hirsch, 38, of Montezuma, who was the marketing director at Park Centre. When questioned about the incident by another Hirsch Park Centre employee in early November, Hirsch “played it off as an honest error and promised to repay it,” according to court documents. Later that month, First Newton National Bank informed Park Centre that several checks made out to Park Centre had been deposited into Hirsch’s account at University of Iowa Credit Union through the FNNB ATM. When confronted, Hirsch delivered a letter of resignation and a signed letter confessing to depositing 12 checks totaling $9,847 into his account. On Jan. 8, the Newton police received copies of 11 checks to Park Centre deposited into Hirsch’s account. Of the 11 checks, only seven were on the list of 12 that Hirsch confessed to depositing in his account. The four additional checks totaled $2,000, and Hirsch was charged in connection with the theft of all 16 checks. Hirsch was convicted of fourth-degree theft in Poweshiek County in 2000 and of fifth-degree theft in Des Moines County in 2002. He was released and scheduled for an initial court appearance this morning.