Gazette Daily News Podcast, November 15

First came the cold temperatures, now comes the snow. According to the National Weather Service, snow will likely start after 4 a.m. Tuesday morning in the Cedar Rapids area and continue throughout the day. 1 to 2 inches of snow accumulation is possible. The high will be near 36 degrees, with a low around 27 degrees.

Monday was the first day of testimony and opening statements in the first-degree murder trial of Dimione Walker, 29, of Coralville, following about three days of jury selection last week.

Walker is claiming self-defense in the fatal shooting of Michael Valentine, 25, of Cedar Rapids in the Taboo Nighclub & Lounge on April 10.

Police testified after opening statements, and a video of the shooting was shown as part of day one testimony.

The prosecution opened their arguments referencing the clips of security footage that they argued will show Walker keyed in on Valentine and opened fire – with Valentine, unarmed, attempting to block his face with his hands. They said Walker fired eight rounds, striking Valentine five times, before he fell to the floor.

Sarah Hradek, Walker’s lawyer, admitted that this “isn’t a whodunit.” She said Walker shot Valentine but it was self-defense. She agreed with the prosecution that the jurors would see a video that shows Walker shooting Valentine, but she asked the jurors to keep in mind why this happened because the video wouldn’t reveal that.

The defense said they will show evidence that Valentine shot Walker in 2016, where Walker and another person were treated for injuries at a hospital

There were 10 others also injured during the club shooting. Another man, Timothy Rush, 32, of Cedar Rapids, is charged with killing Nicole Owens, 35, and Marvin L. Cox, 31, the same night. Rush’s trial is set for March 28.

The state is accusing jurors of leveling “excessive” damages and being “influenced by passion or prejudice” in awarding $12.8 million last month to a Cedar Rapids contractor who helped build the 14-story Stead Family Children’s Hospital.

The Iowa Attorney General Office — representing the University of Iowa and the state Board of Regents — in court documents gives three reasons a Johnson County District Court judge should grant a new trial and a second chance to defend against allegations from contractor Modern Piping:

They argued that the award was excessive, and appears to have been influenced by passion or prejudice; that the damages were not supported by sufficient evidence and were contrary to law; and that the university and regents were harmed by legal errors in jury instructions.

The state, in its motion for a new trial, offered an alternative remedy for what it characterized as an unjust award — either vacating the award altogether or reducing it to $2.5 million.

The court documents are the latest in the legal drama surrounding the Children’s Hospital project, the price of which has ballooned to over $400 million due to poor management, bad luck, and legal rewards.

The counting of Iowans’ votes continues a week after the Nov. 8 election as state and local officials this week will conduct recounts that either are the result of narrow election margins or audits announced before the election was held.

Linn, Warren and Des Moines counties have corrected figures or completed partial recounts after irregularities were discovered while reporting their results last week.

On Tuesday, Scott County also will conduct a recount of some absentee ballots after irregularities were found there.

As it did with Linn County, where the county auditor’s office erroneously left an election for a supervisor off the ballot in one precinct, the Iowa Secretary of State’s office will send a letter of inquiry to the Scott County auditor about the issue there, and has been in touch with the Scott County Attorney and state Attorney General, a spokesman for the state office said.

At least two candidates already have said they plan to ask for a recount, one of which was in a statewide campaign.

Todd Halbur, the Republican candidate for state auditor, said he plans to request a recount. Halbur lost to Democratic incumbent Rob Sand by 2,649 votes out of nearly 1.2 million cast in the election.