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Chief Justice's husband sentenced on charge stemming from party
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Oct. 20, 2009 6:45 pm
DES MOINES – The husband of the Iowa Supreme Court's chief justice has been sentenced to probation in connection with an underage drinking party at their home earlier this year.
Dennis W. Drake had been charged with interference with official acts for allegedly refusing to follow orders from a sheriff's deputy who told him to remain on the scene while he investigated. Drake is married to Iowa Supreme Court Chief Justice Marsha Ternus.
Drake pleaded entered an Alford plea Tuesday to an amended charge of harassment of a public official. He had been scheduled to stand trial Wednesday after a judge declined to dismiss the charge against him.
An Alford plea means Drake is not admitting specific elements of the offense, but acknowledges he does not stand to gain by going to trial.
Drake was granted a deferred judgment, placed on probation for 12 months and ordered to pay a $65 fine. A deferred judgment allows the crime to be removed from Drake's criminal record if he successfully completes his term of probation.
A Polk County Sheriff's deputy was called to Drake's home in Grimes on July 12 on a noise complaint. Drake had reportedly been in a truck parked in the driveway to prevent the partygoers from leaving if they were not OK to drive.
The deputy found a group of 19- and 20-year olds at a bonfire with beer cans in the fire and on the ground. The deputy observed an odor of alcohol on their breath, and noticed some of them had watery eyes and slurred speech.
While the deputy talked to them about whom the beer belonged to and who had gotten it for them, Drake said he was revoking the deputy's privilege to be on his property and asked him to leave, according to court documents.
When the deputy explained he was not leaving because he had observed a crime, Drake reportedly tried to walk away toward his home even though the deputy told him to stay there. That's when Drake was arrested.