Federal magistrate gives Atkins woman last chance after two violations of pretrial release    

CEDAR RAPIDS — A federal magistrate on Tuesday warned a woman convicted of perjury, who was brought before him for a second violation of pretrial release pending sentencing, that she has worn his patience.

U.S. Magistrate Jon Scoles told Danielle Ayers, 41, of Atkins, that he couldn't give her legal advice, but maybe some 'life' advice, because Chief Judge Linda Reade will consider these violations at her sentencing.

'Stop hanging out with losers and people that are going to spend a large amount of time in jail if you're going to change your life at all,' Scoles told Ayers.

He added that it was up to Ayers whether she should spend this time with her family or in jail pending sentencing. She faces up to five years in prison.

Assistant U.S. Attorney C.J. Williams told Scoles that he was willing to withdraw his petition to revoke Ayers' release if she agreed to be restricted to the city of Atkins, have no contact with a list of witnesses in another case and have no in person visits with her ex-husband, Matthew Robbins, in jail.

Ayers made false statements to the grand jury regarding seeing Robbins with a gun. Robbins, 42, of Ely, was being indicted on a charge of being a felon and unlawful drug user in possession of a firearm.

Williams added that he didn't care if Ayers talked with Robbins by phone, because those jail calls are monitored.

Scoles said this was the last modification he would allow. The first violation regarded Ayers' 'poor performance' in substance abuse treatment, when she was asked to leave the facility for making threats to others and staff members. Ayers was playing 'loud, offensive' music when her son came to visit, and when told to turn down the volume, she threatened staff members, saying 'I'll show you the real me.'

In this violation, Ayers was given a list of witnesses who were testifying in 'another case' by Robbins during a jail visit, Scoles said.

Scoles told Ayers not to have any direct or indirect contact with the list of witnesses that remains sealed, including Facebook postings or messages through others, and not to have any in-person contact with Robbins.

Documents filed in Ayers' perjury case revealed Robbins lived at an Ely farm, where a forensic team was excavating a burn pit in May for possible human remains in connection with James Booher, 51, of Marion. Booher was last seen May 31, 2014 and is considered a homicide victim by police.

Before Robbins' second trial started, his lawyer asked the court to prevent the prosecution from mentioning Booher's name during the trial and any connection the two might have.

No results from the forensic excavation have been made public, except that Williams stated in court documents that .45 caliber shell casings were found in the burn pit and would be evidence in Robbins' retrial. Robbins pleaded guilty before trial and faces up to 15 years in federal prison.