Spouse of chief justice wants charge dismissed

DES MOINES – The husband of the Iowa's Supreme Court chief justice is seeking to have a misdemeanor charge stemming from a party at his home dismissed.

Dennis W. Drake, 58, is charged with interference with official acts for allegedly disobeying a law enforcement officer's orders. Drake is married to Iowa Supreme Court Chief Justice Marsha Ternus.

A motion to dismiss filed by Drake's attorney, Timothy McCarthy, argues that Drake's actions on the evening of his arrest do not constitute the crime of interference with official acts.

A person can be charged with the crime, a simple misdemeanor, if that person knowingly resists or obstructs a peace officer from doing his or her job.

A Polk County Sheriff's deputy had been investigating a complaint of a loud party in the woods behind Drake's home on July 12.

The deputy arrived to find Drake parked in a truck, blocking the driveway, according to court documents. Drake reportedly explained that a group of 19- to 21-year-olds was at a bonfire at his home, and he was ensuring those that left were OK to drive.

The deputy reported seeing several beer cans on the ground near the group and several more in the bonfire. He observed an odor of alcohol on their breath, and noticed some of them had watery eyes and slurred speech.

While the deputy talked to the group about who 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, court documents said. When the deputy explained that he was not leaving since he had observed a crime, Drake asked to return to his home, according to court documents.

The deputy ordered Drake to stay there, but Drake allegedly persisted in asking to go to his home, court documents said. When Drake finally said he was leaving and began walking to his vehicle, he was arrested.

“The mere walking away from the deputy did not constitute a crime,” McCarthy wrote in his motion. “The actions of the deputy sheriff violated the defendant's constitutional rights to be free from unreasonable search and seizure.”

A hearing on the matter is set for Oct. 9.