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The board's final action can lag months after a conviction, noted Ann Lebo, director of the Iowa Board of Educational Examiners.
Doug Eichholz, an assistant Warren County attorney, said his lack of awareness of Chapter 709 sentencing requirements contributed to the error.
But he also said a sentencing chart published by the state's judicial branch suggested that offenders such as Dyer were eligible for no prison time.
He believes the Legislature should consider whether there are ways to simplify — but not weaken — the mandatory reporter law to avoid mistakes such as those uncovered by the Register.“This is emotional,” Ford said during a recent interview. It means that if you’re a teacher, you can’t have sex with children or you’re going to prison. Brown, the assistant attorney general, made that point publicly in 2013 when Ashley Nicole Anderson, a teacher at Aplington-Parkersburg High School, was sentenced to five years in prison for having sex with three students.
There is no way a school employee convicted of sexually exploiting a student can avoid prison under Iowa law, he said.
Defendants must be informed about the possible consequences of agreeing to a plea deal, which likely didn’t occur in all or some of those cases.
That could mean the original pleas would be vacated and could result in new trials, he said.“I’ve been looking at case law, and I just don’t think this specific issue has been raised,” Rigg said.
“I think there are some prosecutors who don’t know it and that may be why you’re seeing some of these sentences.”The legal implications behind the state’s failure to follow the law are murky.
Brown said anyone with “standing” in the case can ask the court to correct what is believed to be an illegal sentence.
Raymond also said the male victim asked that Kohls receive the lightest possible sentence, and that, too, factored into the sentencing recommendation. Montgomery Brown represented two former teachers whose cases were among those the Register reviewed.
He acknowledged the sentencing errors.“I think there was a mistake on all three parts: the attorney general’s office, me and the judge.
That statute, passed in 1997, states that mandatory reporters who are themselves convicted of sex abuse are not eligible for so-called “deferred” or “suspended” sentences.“How they get by that, I have no idea,” said Nancy Wells, director of the Iowa Chapter of Children’s Advocacy Centers, a group associated with Iowa health providers that helps provide training and advocacy against abuse.Tags: Adult Dating, affair dating, sex dating