Magistrate ruled on information presented

By Carroll Edmondson

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Clark Kauffman's article, “Advocates: Many share blame for suspected rapes,” in the June 20 Cedar Rapids Gazette, omitted several key facts and unfairly criticized a magistrate's handling of the simple misdemeanor charge against Allen Franks, who was later charged with sexual abuse of a fellow resident at the Fairview Care Facility in Anamosa. Unfortunately, once again, criticism of judges in Iowa is based on lack of information and misinformation.

Franks appeared before the court on the morning of May 28, on a simple misdemeanor assault charge from an incident the day before at the Fairview Care Facility. Franks had been residing at the facility. Fairview Care Facility is for adults with disabilities who require licensed residential treatment services. Neither a representative of the Jones County Attorney's Office nor Fairview was present at the initial appearance to provide information to the court about the defendant's alleged history of violent behavior.

Allegedly, while threatening to jump from the roof of the facility, Franks verbally threatened and attempted to kick a Fairview staff worker. Franks appeared not to understand the significance of the legal proceedings, so the court entered a not guilty plea on his behalf. A trial date was not set pending further action by the county attorney.

The court directed that Franks return to his residence at the care facility.

The article correctly notes that Franks was “remanded to the custody of Fairview Care Facility,” but failed to include the rest of the court's order: “ ... and it [the care facility] will determine whether further action as to defendant's immediate placement is appropriate.”

This incident was not one of an Iowa court deliberately placing a known violent offender in a residential facility for disabled individuals, as Kauffman's article insinuates. Rather, it is a situation where a magistrate based a decision on the information provided to him at the time that did not include any evidence of the defendant's alleged history of violent behavior.

Carroll Edmondson is District Court Administrator for the 6th Judicial District, which serves Benton, Iowa, Johnson, Jones, Linn and Tama counties. Comments: carroll.

edmondson@iowacourts.gov