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E-FILED 2014 FEB 05 2:00 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

ELIZABETH ANN ASCHINGER,

Defendant.

TRIAL INFORMATION

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (“defendant”) of the crime of PERJURY – CONTRADICTORY FECR012497 STATEMENTS, a Class “D” Felony in violation of Iowa Code section 720.2, committed as follows:

1. On or about September 24, 2013, in Sac County, Iowa, the defendant was

under oath or affirmation.

2. The affirmation was made by defendant to District Court Judge Thomas

Bice during defendant’s plea and sentencing hearing, which is a proceeding or matter in which statements under affirmation are required or authorized by law. The court has a duty to conduct a further inquiry, similar to the colloquy required under rule 2.8(2), prior to sentencing to ensure that the affirmation is voluntary and intelligent. State v. Kukowski, 704 N.W.2d 687, 692 (Iowa 2005)

3. The defendant made the following statement of fact: defendant affirmed

that she deleted text messages from Randy Aschinger’s mobile phone (over act) to further the conspiracy between defendant, Andrew Menken, and Jason Heffelmeier to extort money from Randy Aschinger.

4. On January 22, 2014, in Sac County, Iowa, while under oath during her

deposition in State v. Andrew Menken, Sac County Case No. FECR012301, the defendant made a contradictory statement of material fact: defendant testified she deleted the text messages from Randy Aschinger’s phone because she was mad at Randy Aschinger, not to further or promote the goals of a conspiracy and / or to extort money from Randy Aschinger.

5. One of the statements was false.

6. The defendant knew one of the statements was false.

E-FILED 2014 FEB 05 2:00 PM SAC - CLERK OF DISTRICT COURT

COUNT 2

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (“defendant”) of the crime of OBSTRUCTING PROSECUTION, an Aggravated Misdemeanor in violation of Iowa Code section 719.3, committed as follows: On or about January 22, 2014, Sac County, Iowa, the defendant made available false information and / or furnished false information with the intent that it be used at Andrew Menken’s criminal trial in State v. Andrew Menken (Sac County Case No. FECR012301), for the crimes of Extortion and Conspiracy to Commit Extortion. Specifically, during her deposition in State v. Andrew Menken, which was five days before Andrew Menken’s trial was set to begin, defendant, who was a State’s witness in State v. Andrew Menken, testified that she did not conspire with Andrew Menken to extort Randy Aschinger. Previously, however, at her plea hearing, which was on September 24, 2013, defendant, in providing the factual basis for her guilty plea to Conspiracy to Commit Extortion, stated that she conspired with Andrew Menken to extort Randy Aschinger. Following this affirmation to the Court, the State provided the following reason it was recommending a deferred judgment for defendant: “I need [defendant’s] testimony. I mean, simply I need for her to repeat what she just said here today on the witness stand [in State v. Andrew Menken] --- the third Defendant in this matter, who [has] yet to come to trial.” The defendant's act (here, testifying contrary to her affirmation to Judge Bice) was done with specific intent to obstruct the State’s prosecution of Andrew Menken for the above-mentioned crimes.

A TRUE INFORMATION

Menken for the above-mentioned crimes. A TRUE INFORMATION Benjamin John Smith - AT0008834 Sac County Attorney

Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2014 FEB 05 2:00 PM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

MICHELLE PHILLIPS, Certified Shorthand Reporter

ROBIN QUALY, Certified Shorthand Reporter

KEN MCCLURE, Sheriff, Sac County Sheriff’s Office

DONNA GEERY, Sac County Clerk of Court

FACEBOOK CUSTODIAN OF RECORDS

E-FILED 2014 FEB 05 2:00 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 05 2:00 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Type:

Approval of Trial Information

Case Number

Case Title State of Iowa v. Elizabeth Ann Aschinger

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

Electronically signed on 2014-02-05 14:00:05

So Ordered

conditions are set by separate Order of the Court. Electronically signed on 2014-02-05 14:00:05 So Ordered

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E-FILED 2014 FEB 05 2:24 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

vs.

ELIZABETH ASCHINGER , Defendant.

Case No: 02811 FECR012497

ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant a conviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved.

IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing is scheduled on 02/19/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant and will result in forfeiture of the appearance bond on file.

IT IS FURTHER ORDERED, the Defendant's bond and conditions for release from custody in this matter shall be:

Defendant is released on personal recognizance. Clerk shall cause notice of arraignment to be mailed to Defendant. Other Conditions of Release:

Defendant shall obey all Federal, State, and Local Laws.

Clerk to provide notice or copies to:

County Attorney Defendant/Defense Attorney

E-FILED 2014 FEB 05 2:24 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 05 2:24 PM SAC - CLERK OF DISTRICT COURT State of Iowa Courts

State of Iowa Courts

Case Number

Case Title

FECR012497

STATE OF IOWA V. ELIZABETH ANN ASCHINGER

Type:

ORDER FOR ARRAIGNMENT

Electronically signed on 2014-02-05 14:25:21

So Ordered

ELIZABETH ANN ASCHINGER Type: ORDER FOR ARRAIGNMENT Electronically signed on 2014-02-05 14:25:21 So Ordered 2 of