Fecr - West Des Moines Woman Pleads Guilty To Interference With Official Acts PDF

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 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 defendants 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 Aschingers 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 Aschingers 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
FECR012497
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 Menkens
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 Menkens trial was set to begin, defendant, who was a States 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 [defendants] 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 States prosecution of Andrew Menken
for the above-mentioned crimes.
A TRUE INFORMATION
________________________________
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
WITNESS LIST
MICHELLE PHILLIPS, Certified Shorthand Reporter
ROBIN QUALY, Certified Shorthand Reporter
KEN MCCLURE, Sheriff, Sac County Sheriffs Office
DONNA GEERY, Sac County Clerk of Court
FACEBOOK CUSTODIAN OF RECORDS
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.
So Ordered
Electronically signed on 2014-02-05 14:00:05 page 4 of 4
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
1 of 2
FECR012497 STATE OF IOWA V. ELIZABETH ANN ASCHINGER
Type: ORDER FOR ARRAIGNMENT
So Ordered
Electronically signed on 2014-02-05 14:25:21
2 of 2
.FILED
Bli,FEB 12 W"
s Z I
In the lowa District Court for Sf l C County
State of lowa, or
Case No. Q W teW)|3491
Plaintiff/Petitioner
vs.
Defendant/Respondem:
Financial Affidavit/Application for Appointment
of Counsel
Name:Elrmhem ftscrwy
7(13
Birth Date:
Address: fiUS5 ftrirlgPAOOOft bl\/(l Kl f i r DSrO Phone: 112-130-63&S
Street City State Zip 5ol UM.
Charges: Pl rj UOj Jail: O Y e s >^ No
Do you have a job? Who do you work for? _
Full time
3
ar t t i me
4-00
per
Hour s / weel o
How much money do you make before taxes or deductions? _
Does your spouse live with you? NiO " Number of children living with you: Jo
Select One
Does anyone who lives with you have a job? MO How much money do they make? Q per Sel ect Ot
List all other money you have coming in, or anyone living with you has coming in:
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or
anything else worth more than $100:
Car t itemed) - * 3*. ooo NUM
Rule 2.32 - Form 1
List what you pay monthly for mortgages, rent car loans, credit cards, child support, any other debts:
(iunt- I OOO
I understand I may be required to repay the State for my attorney fees and costs, I may be required to
sign a wage assignment, and I must report any changes in this information. I promise under penalty of
perjury the statements I make in this application are true and I am unable to pay an attorney.
Date: 03-10-14
Signature: [Name]/s/ gj , OJUJUk. 9^' "
1
j ^ C
n
* l
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[Law Firm]
[Mailing Address].
[Telephone Number]_
[E-mail Address]
[Additional E-mail Address]
Rule 2.32 - Form 1

STATE OF IOWA,

PLAINTIFF,

VS.


DEFENDANT.

02811 FECR012497

ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL

The defendant has made application for appointment of counsel at public expense.

Based upon the information provided by the defendant, the Court finds as follows:

The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.

Attorney Sarah Smith, a contract attorney, is appointed.

The defendant shall contact their attorney within 48 hours.

1 of 2
Type: ORDER APPOINTING
So Ordered
2 of 2
Date: 2/13/14
State of Iowa
Plaintiff
No. FECR012497
vs.
ELIZABETH ANN ASCHINGER
Defendant
MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE
OF TRIAL OR PROCEEDING
COMES NOW the undersigned person, who states as follows:
1. Certain representatives of the news media want to use photographic equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.
3. The request(s) for expanded media coverage are described as follows: Two
video cameras, tripods, videographers; audio accessibility; two photographers
with up to two still cameras and two lenses each, two tripods.
4. This notice of request(s) for expanded media coverage is filed at least 14
days in advance of the proceedings for which expanded media coverage is being
requested or grounds for shorter notice are set out in an attached statement.
5. I sent a copy of this notice by ordinary mail directed to the last known
address of all counsel of record, parties appearing without counsel, the
district court administrator for this judicial district, and the judicial
officer expected to preside at the trial or proceedings for which expanded
media coverage has been requested, as follows:
Sac County Attorney
Sac City, IA 50501
Sarah Livingston Smith
704 Central Ave., Suite 1
Fort Dodge, IA 50501

DISTRICT COURT ADMINISTRATOR: Scott Hand
PRESIDING JUDGE: Adria Kester
CLERK OF COURT: Sac County
WHEREFORE, the undersigned media coordinator gives notice of request(s) for
expanded media coverage as aforesaid.

Signature_/s/ Jesse Helling______________________
Date____2/13/2014___________________

Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529
2RCR15


STATE OF IOWA,

PLAINTIFF,

vs.


DEFENDANT.

Case No. 02811 FECR012497

O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before February 28, 2014. If any objection is filed on or
before February 28, 2014, the Court will schedule further proceedings to resolve the
dispute. If no objection is filed on or before February 28, 2014, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:
SAC COUNTY ATTORNEY
SARAH LIVINGSTON SMITH
MEDIA COORDINATOR
1 of 2
E-FILED 2014 FEB 14 9:32 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered
2 of 2
E-FILED 2014 FEB 14 9:32 AM SAC - CLERK OF DISTRICT COURT
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Defendant.

Case No: 02811 FECR012497

RECORD OF ARRAIGNMENT;
ORDER SETTING PRETRIAL CONFERENCE
AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on February 18, 2014.

The defendant WAIVES the right to a speedy trial.

IT IS ORDERED as follows:
Pretrial Conference: Pretrial Conference is scheduled on 04/02/2014 at 9:30 AM at the Sac Co.
Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shall
either reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filed
prior to the pretrial conference, the conference will be canceled.

IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THE
DEFENDANT'S ARREST MAY ISSUE.

Jury Trial: Jury Trial is scheduled on 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NW
State St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial on
the charge(s) contained in the Trial Information.

If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before the
Sheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be calling
the Sheriff during regular office hours.

Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositions
are ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall
comply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the
depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to
I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of
I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,
the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order for
discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including
any evidence relating to the credibility of minuted witnesses.

1 of 3
Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial.

Clerk to provide copies to:
County Attorney, Defense Attorney or Defendant
2 of 3
Type: ORDER SETTING TRIAL
So Ordered
3 of 3
E-FILED 2014 MAR 31 1:45 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAR 31 1:45 PM SAC - CLERK OF DISTRICT COURT

IN THE DISTRICT COURT FOR SAC COUNTY
______________________________________________________________________________

STATE OF IOWA, : No. FECR012497

Plai!i"", :
ORDER
#$. :

E%I&A'ETH ASCHIN(ER, :

D)")*a!. :
______________________________________________________________________________

NOW o !+) *a!) i*i,a!)* -)lo., !+) D)")*a!/$ 0o!io !o ,o!i1) !2ial ,o3)$ -)"o2)
!+) Co12!.
IT IS THEREFORE ORDERED !+a! !+) D)")*a!/$ 0o!io !o Co!i1) i$ 42a!)*.
T2ial i !+) a-o#)52)")2),)* 3a!!)2 i$ +)2)-6 ,o!i1)* !o !+) 24
th
day of June, 2014, at 9:00
oclock A.M. a! !+) Sa, Co1!6 Co12!+o1$).
IT IS FURTHER ORDERED !+a! !+) P2)!2ial Co")2),) i !+) a-o#)52)")2),)* 3a!!)2
i$ +)2)-6 ,o!i1)* !o !+) 18
th
day of June, 2014, at 9:00 oclock A.M. a! !+) Sa, Co1!6
Co12!+o1$).

E-FILED 2014 APR 01 11:49 AM SAC - CLERK OF DISTRICT COURT
Type: ORDER FOR CONTINUANCE
So Ordered
E-FILED 2014 APR 01 11:49 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAY 30 3:21 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 MAY 30 3:21 PM SAC - CLERK OF DISTRICT COURT

______________________________________________________________________________


Plai!i"", :
ORDER
#$. :


D)")*a!. :
______________________________________________________________________________

!+) Co12!.
T2ial i !+) a-o#)52)")2),)* 3a!!)2 i$ +)2)-6 ,o!i1)* !o !+) 26
th
day of August, 2014, at 9:00
oclock A.M. a! !+) Sa, Co1!6 Co12!+o1$).
IT IS FURTHER ORDERED !+a! !+) P2)!2ial Co")2),) i !+) a-o#)52)")2),)* 3a!!)2
i$ +)2)-6 ,o!i1)* !o !+) 20
th
day of August, 2014, at 9:30 oclock A.M. a! !+) Sa, Co1!6
Co12!+o1$).

E-FILED 2014 JUN 02 7:47 PM SAC - CLERK OF DISTRICT COURT
So Ordered
E-FILED 2014 JUN 02 7:47 PM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 AUG 21 9:39 AM SAC - CLERK OF DISTRICT COURT

______________________________________________________________________________


Plai!i"", :
ORDER
#$. :


D)")*a!. :
______________________________________________________________________________

!+) Co12!.
T2ial i !+) a-o#)52)")2),)* 3a!!)2 i$ +)2)-6 ,o!i1)* !o !+) 9
th
day of December, 2014, at
9:00 oclock A.M. a! !+) Sa, Co1!6 Co12!+o1$).
IT IS FURTHER ORDERED !+a! a P2)!2ial Co")2),) i !+) a-o#)52)")2),)* 3a!!)2 i$
$,+)*1l)* "o2 !+) 3rd day of December, 2014, at 9:00 oclock A.M. a! !+) Sa, Co1!6
Co12!+o1$).

So Ordered
STATE OF IOWA, No. FECR012497
Plaintiff,
REQUEST FOR LEAVE OF
vs. COURT TO AMEND
Count II of TRIAL INFORMATION
Defendant.
COMES NOW the State of Iowa and for its request for leave of Court to amend the Trial
Information in the above entitled matter states to the Court:
1. The amendment will not materially change the issues nor work any hardship on the
Defendant.
2. Substantial rights of the defendant are not prejudiced by the attached Amendment.
3. A wholly new and different offense is not being charged.
4. As part of a Plea Agreement, Defendant is pleading to the charge of
Count II: INTERFERENCE WITH OFFICIAL ACTS, a Simple Misdemeanor in
violation of Iowa Code Section 719.1(1)(a).
5. A copy of the amended and substituted Trial Information is attached.
WHEREFORE, the State of Iowa requests leave of Court to file the proposed substituted
and amended Trial Information.
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
PROOF OF SERVICE
The undersigned certifies that the foregoing
instrument was served upon all parties to the above cause
to each of the attorneys of record herein at their respective
addresses disclosed on the pleadings on September 23, 2014 by:
[ x] Email [ x] EDMS
Signature: /s/Norma Hecht
E-FILED 2014 SEP 23 1:58 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA, CRIMINAL CAUSE NO. FECR012497
Plaintiff, Count II- AMENDED
vs. TRIAL INFORMATION
DOB: 08/16/1989
Defendant.
COUNT II
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 of the crime of INTERFERENCE WITH OFFICIAL ACTS, a Simple Misdemeanor in
violation of Iowa Code Section 719.1(1)(a) committed as follows:
The said Defendant, Elizabeth Ann Aschinger, on or about January 22, 2014 in the
County of Sac and State of Iowa did unlawfully and willfully knowingly obstruct a law
enforcement official in the performance of his lawful duty.
A TRUE INFORMATION
Prosecuting Attorney
Sac County Attorney, Benjamin John Smith
Sac City IA 50583
Telephone: 712-662-4791
Fax: 712-662-4123
IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,

Plaintiff,

vs.


Dfn!ant.

Cas N". FECR#$%&'(

ORDER

NOW, "n t)is %&
t)
!a* "f S+t,-., %#$&, t) C"/.t is in .0i+t "f t) Stat1s
R2/st f". Lav "f C"/.t t" A,n! T.ial Inf".,ati"n3C"/nt II. T) R2/st s)"/l!
- 4.ant!.
IT IS THEREFORE ORDERED t)at t) Stat1s R2/st is 4.ant!. T) T.ial
Inf".,ati"n is a,n!! t" +."vi! t)at Dfn!ant is n"5 0)a.4! in C"/nt II 5it)
Int.f.n0 Wit) Offi0ial A0ts, a Si,+l 6is!,an"., in vi"lati"n "f I"5a C"!
S0ti"n ($'.$7$87a8.

Cl.9 t" f/.nis) 0"+is t":
C"/nt* Att".n*
Dfns C"/nsl

E-FILED 2014 SEP 24 8:34 AM SAC - CLERK OF DISTRICT COURT
Type: OTHER ORDER
So Ordered


______________________________________________________

STATE OF IOWA, ) No. FECR012497

Plai!i"", )

#S. )

E$I%A&ETH ASCHIN'ER, ) SENTENCIN' ORDER

D("()a!. )
______________________________________________________________________________

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S3i!*, a) (!(/0 a Pl(a o" '2il!4 .2/02a! !o No/!* Ca/olia 5 Al"o/), 400 US 26, !o !*( +*a/1( o"
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T*( D("()a!70 '2il!4 Pl(a i0 a++(.!(). T*( Co2/! O/)(/0 !*a! !*( D("()a! .a4 a "i( o" 8260.00, a
+/i3ial 02/+*a/1( o" 96: a) !*( +o2/! +o0!0 i !*i0 +a0(, i+l2)i1 /(0!i!2!io !o !*( S!a!( o" Io-a "o/ *(/
Co2/! a..oi!() a!!o/(470 "((0.
Pa43(! i0 )2( i "2ll o !*i0 )a!( a) ,(+o3(0 )(li;2(! a"!(/ !*i/!4 <90) )a40. T*( =2)13(! 0*all ,(
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T*( D("()a! i0 o!i"i() o" *(/ /i1*! !o a..(al. No!i+( o" A..(al 320! ,( 1i5( ,4 "ili1 a -/i!!(
o!i+( -i!* !*( Cl(/> o" !*( Di0!/i+! Co2/! i Sa+ Co2!4 o la!(/ !*a !( <10) )a40 a"!(/ !*( )a!( o" !*i0
B2)13(! a) S(!(+i1 O/)(/.

Type: ORDER TO ACCEPT PLEA
So Ordered

Fecr - West Des Moines Woman Pleads Guilty To Interference With Official Acts PDF

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

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