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Feds dismiss Iowa wetland prosecution, for now
Associated Press
Mar. 20, 2012 7:30 pm
IOWA CITY, Iowa (AP) - Federal prosecutors have dismissed charges against a 65-year-old woman facing prison time for damaging a wetland while building a campground - for now.
Elaine Kelly of Dubuque pleaded guilty last week to a felony violation of the Clean Water Act. Family members said she was innocent but accepted a plea deal to avoid an expensive trial and a prison term that could be up to three years.
During her plea hearing, Assistant U.S. Attorney Forde Fairchild said Kelly would face a recommended prison term of 8 to 14 months at sentencing. But Kelly hired a new attorney, who moved to withdraw her guilty plea Sunday.
On Tuesday afternoon, prosecutors filed paperwork dismissing the charge without prejudice. That means they could ask a grand jury to indict Kelly on similar charges.

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