Dispatcher: 911...
location of your emergency?

Caller: Uh, Cutty's Campground.
D: OK, what's going on there?
C: I've got a gentleman trespassing.
D: OK, and what lot are you at?
C: I'm on, uh, right next to the, um, 232... I don't know the guy personally but, it's a friend of mine's ex-boyfriend. And you don't want me to handle it.
D: Sir, I don't want you to make a threat.
C: No, no, I don't, I don't want to get involved. I don't want any confrontation. And that's the problem. I got personal property I've got to worry about.
D: I understand that... And you don't know the male at all?
C: The gentleman's first name is James. I don't know what his last name is. He's driving through the park, spinning his wheels, trying to pick a fight...
D: What's he driving?
C: A white, two-door, small car... He's got a stocking cap and a beard, if that helps any... And the car's a little loud.
D: OK, where's he at now?
C: I'm not sure where he's at in the park right now. He woke me up. And he called when he was driving by.
D: And who's he the ex-boyfriend of?
C: Uh, her name's Connie.
D: Where's she at now?
C: She's here with me. Hold on, just a second... [Female gets on the line:] Hello?
D: What's his first name? James?
C: Yes.
D: What'd he say when he called you?
C: He didn't say anything.
D: He just rang the phone and didn't say anything?
C: My friend talked to him and I do not know what he said to him. He asked for me, I guess. That's all I know. I didn't answer the phone...
D: OK, does he do drugs?
C: I do not think so, but I can't say for sure.
D: Do you know which way he was going?
C: No, I don't. He tore out of here so fast, I did not see anything... But it was 15 minutes ago. Ten minutes ago, if that... I don't know if he's left the park and I'm not sure how he got in here.
D: We have several officers there that are going to check the area there and, uh, if you happen to hear him come back, do not answer the door. But call us back on 911, OK?
C: Alrighty. Thank you.

Officer's Report: When I arrived, I spoke to Connie and her boyfriend, Mark. Connie said her ex-boyfriend James had just left. James had been there honking his horn and spinning his tires. James then called while I was there. I spoke to James who said that Connie had property belonging to him. Connie said that James could retrieve his property that was at her residence in Des Moines if he came with a police officer. I advised James not to come back to Cutty's or he would be arrested for trespass.

Docket diving

An inadmissible polygraph test won't be enough to get a convicted State Fair sex offender a new trial, the Iowa Court of Appeals ruled last week.

A 73-year-old retired art teacher, Dale Jackson had been working at the Potter's Wheel - a children's activity at the Iowa State Fair - for a number of years when he met a then 19-year-old autistic male. Described as having high-functioning Asbergers syndrome with the comprehension level of a 9-year-old, James Gayther attended the fair with his mother Maarie and made Jackson's acquaintance in 2001. In subsequent years, Jackson invited Gayther to spend the night with him at the Fair and, in 2003, his mother consented to the sleep-over. But, as court documents would later reveal, that night turned abusive: "According to Gayther, he fell asleep while Jackson was massaging him. He woke to find his underwear pulled down to his knees and Jackson nude... Gayther told Jackson to get away from him but Jackson continued touching him for 20 to 30 minutes." Barely a year later, Jackson was convicted of third-degree sexual abuse by a Polk County Judge.

But Jackson appealed his five-year sentence, arguing that the conviction was based on insufficient evidence. "Jackson points out that the police investigation was essentially limited to talking to Gayther and Jackson," court documents noted. "Officers neither examined Gayther for physical injuries, nor canvassed neighboring campers." But, regardless of the conduct of the investigation, Jackson "at the very least, testified to touching Gayther's penis" even after the victim had moved his hand away, Judge Robert Mahan pointed out for the Court of Appeals panel, which provided a substantial foundation to uphold a sexual abuse conviction.

But, even accepting the sufficiency of evidence, Jackson argued further that, based on the court's own wording, inadmissible information had been injected into the proceedings. The evidence at issue was a polygraph examination, ruled inadmissible based on the fact that it had been obtained during the course of plea negotiations. During the polygraph in question, Jackson acknowledged having "cupped" the victim's genitals, and when that precise term surfaced in Polk County Judge Robert Hanson's ruling, Jackson charged that the state had "violated his right to due process by relying on improper evidence." But the Court of Appeals disagreed. As Mahan pointed out, there was no question the court got the term from an inadmissible source, but, given that the case was resolved before a judge as opposed to a jury, the error was less apt to influence the outcome.

"We are less likely to reverse when inadmissible evidence is introduced in a bench trial than in a jury trial," Mahan explained. "This is generally true because legal training assists the fact finder in a bench trial to remain unaffected by matters that should not influence the determination. It is clear the court got the term 'cupping' from the inadmissible evidence. However, the court explicitly denied relying on the inadmissible evidence. In any case, Jackson cannot show he was prejudiced by the evidence; as we discussed above, his testimony that he 'traced' Gayther's penis is damning enough. Any error with regard to the 'cupping' language is harmless. Therefore, we conclude the district court did not rely on inadmissible evidence in rendering its verdict."

Jackson is currently serving his five-year sentence at the Oakdale facility, with a tentative release date slated for February 2009.

On the clock

Des Moines Police- March 30

7:40 a.m. Burglary in the 2500 block of Hubbell Avenue, involving an unknown number of suspects breaking down a piece of plywood that was covering the doorway of the Des Moines Public Library location on Hubbell, which is under construction. According to police, the "suspects entered the meeting/kitchen area [and] used a can of orange marking paint to spray paint the walls, [with] "Mexico," "Bakerskaters" and "Midwest Flip."

3:30 p.m. Burglary in the 2400 block of Cottage Grove, involving a residence at which suspects were "able to reach through a broken window to unlock the deadbolt on the front door" and stole an XBox and 15 XBox games.

7:30 p.m. Burglary in the 1900 block of Washington Avenue, involving a female victim who was inside her residence when she observed a male suspect in her car. When officers arrived on the scene, the victim pointed out the suspect and police "chased after him, but lost him within 50 yards." The victim reported that the suspect lived next door, and when officers questioned the next-door resident, Michael, he reported that a family friend, Mark, had come in the back door a short time earlier and admitted that he had been pursued by the police. Mark "tried saying it was Michael who broke in the car, [but] later admitted to breaking in the car and running from officers. Michael showed [police] the clothes Mark had changed out of [and] the black coat had a crack pipe in a pocket." Mark then told police that he had been "looking for marijuana," but the female victim positively identified the suspect shortly after, reported that "she could see Mark trying to take the stereo out of the dash" and that she discovered "tools that were left in the car [that] were not there earlier." The suspect was arrested on charges of possession of burglary tools, possession of drug paraphernalia and interference with official acts.

Sucks to be you

Name: Jonathan Narcisse

Place of Incident: Des Moines

Posed for this picture because: Six months after losing a bid for a seat on the Des Moines School Board, Jonathan Narcisse was reprimanded by the Iowa Ethics and Campaign Disclosure Board last week, which found that by sending two fundraising letters from his Iowa Bystander e-mail account - the newspaper for which he is the publisher - Narcisse violated ethics standards that bar the use of corporate resources for political purposes. Narcisse's response to the slap on the wrist: "I think that's horse crap."

Unfinished business

According to the City of Des Moines, the following individuals owe outstanding court costs for the demolition or rehabilitation of public nuisance properties:

- Augustine Akpan and Inie Clement owe $23,962.48 for property at 1415 University Ave.
- Donna Barnes owes $14,653.81 for property at 2207 E. 14th St.
- Constance Neel owes $13,393.43 for property at 2602 Logan St.
- Dawn Vander Sluis owes $12,106.42 for property at 2423 E. 11th St.
- Cheryl Twiss owes $10,432.91 for property at 1548 E. 36th St.
- Cynthia Jones owes $10,284.34 for property at 1327 E. 14th St.

(Alleged) drunk drivers

Name: Debora Anne West
Arrested: March 28
Fourth offense

Name: David Wesley Franklin
Arrested: March 29
Second offense

Name: Nathaniel David Miltenberger
Arrested: March 29
Second offense

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