Judge refuses to dismiss charge against Iowa Supreme Court chief justice's husband

A judge has refused to dismiss charges against the husband of Iowa Supreme Court Chief Justice Marsha Ternus stemming from an underage drinking party at their home this summer.

Dennis W. Drake, 58, was charged with interference with official acts for allegedly refusing to follow the orders of a deputy who visited their Grimes acreage on a noise complaint.

The deputy was investigating whether underage drinking was going on at a bonfire on the property. Drake allegedly refused to stay on the scene and began walking to his home against the deputy's orders when he was arrested and charged with the crime, a simple misdemeanor.

Drake's attorney, Timothy McCarthy, argued that Drake's actions did not constitute the crime of interference with official acts. He also argued that Drake's constitutional rights to be free from unreasonable search and seizure were violated.

District Associate Judge Gregory Brandt rejected those arguments and ruled in favor of the prosecution Wednesday.

“Deputy Hake indicated that Mr. Drake needed to remain at the scene. This demand was reasonable and justified in light of the circumstances,” Brandt wrote. “There were seven underage individuals in possession of alcohol on the property owned by Mr. Drake.”

In his ruling, Brandt said it is well settled in Iowa law that a law enforcement officer may briefly detain an individual in the course of investigation when there is a reasonable suspicion of criminal activity.

Drake's trial on the charge is set for Oct. 21 in Polk County District Court.