GOP Attorney General candidate Brenna Findley yesterday challenged Attorney General Tom Miller to explain to explain how his office missed a simple deadline that allowed two sexual predators to walk free.
"The first responsibility of the state Attorney General is to protect the people of Iowa from violent criminals. Tom Miller has failed. His office missed a simple deadline and as a result two dangerous sexual predators are back out walking the streets and the only reason why is the failure of Tom Miller to keep his calendar straight." Findley said.
A July 4, 2010 Associated Press article by Michael J. Crumb of The Times Republican reported:
"The Iowa Supreme Court has ordered the release of two men who were committed to state custody as sexually violent predators after it ruled prosecutors failed to meet a deadline for a timely trial.
"The court issued it’s ruling on Friday in the Clinton County case of Alan Fowler and the Page County case of Valjean Lehman.
"Fowler was committed to the custody of the Iowa Department of Human Services as a sexually violent predator in 2008 after he completed a two-year prison sentence of willful injury causing bodily injury and going armed with intent. Valjean was committed as a sexually violent predator that same year.
"In both cases, the court ruled the state failed to hold trials in the civil commitment process within the 90 days of when a court found there was probable cause to hold the men as sexually violent predators as required under state code."
Kevin Cmelik, assistant Iowa attorney general, was disappointed in the ruling.
”Obviously, our concern in attempting to commit these individuals was to protect the public from what we deemed to be dangerous individuals but the court determined that because of the process that was followed they did not go through the process in a timely manner,” Cmelik said. ”We can’t pursue their commitment any longer and we will abide by the court’s decision.”
"Tom Miller owes Iowans an explanation. He has failed Iowa badly and his silence on this matter is an insult to the hard-working taxpayers who have paid his salary for 28 years." Findley continued.
A KCRG story on the incident can be found here:
http://www.kcrg.com/news/local/97736269.html
Download the Supreme Court decisions here:
http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20100702/08-0393.pdf
http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20100702/08-0830.pdf