fe cr 012497

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v.

ELIZABETH ANN ASCHINGER,

Defendant.

TRIAL INFORMATION

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (“defendant”) of the crime of PERJURY – CONTRADICTORY STATEMENTS, a Class “D” Felony in violation of Iowa Code section 720.2, committed as follows:

1. On or about September 24, 2013, in Sac County, Iowa, the defendant wasunder oath or affirmation.

2. The affirmation was made by defendant to District Court Judge ThomasBice during defendant’s plea and sentencing hearing, which is a proceeding or matter in which statements under affirmation are required or authorized by law. The court has a duty to conduct a further inquiry, similar to the colloquy required under rule 2.8(2), prior to sentencing to ensure that the affirmation is voluntary and intelligent. State v. Kukowski, 704 N.W.2d 687, 692 (Iowa 2005)

3. The defendant made the following statement of fact: defendant affirmedthat she deleted text messages from Randy Aschinger’s mobile phone (over act) to further the conspiracy between defendant, Andrew Menken, and Jason Heffelmeier to extort money from Randy Aschinger.

4. On January 22, 2014, in Sac County, Iowa, while under oath during herdeposition in State v. Andrew Menken, Sac County Case No. FECR012301, the defendant made a contradictory statement of material fact: defendant testified she deleted the text messages from Randy Aschinger’s phone because she was mad at Randy Aschinger, not to further or promote the goals of a conspiracy and / or to extort money from Randy Aschinger.

5. One of the statements was false.

6. The defendant knew one of the statements was false.

E-FILED 2014 FEB 05 2:00 PM SAC - CLERK OF DISTRICT COURT

FECR012497

COUNT 2

COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County Iowa and in the name and by the authority of the State of Iowa, accuses defendant, Elizabeth Ann Aschinger (“defendant”) of the crime of OBSTRUCTING PROSECUTION, an Aggravated Misdemeanor in violation of Iowa Code section 719.3, committed as follows: On or about January 22, 2014, Sac County, Iowa, the defendant made available false information and / or furnished false information with the intent that it be used at Andrew Menken’s criminal trial in State v. Andrew Menken (Sac County Case No. FECR012301), for the crimes of Extortion and Conspiracy to Commit Extortion. Specifically, during her deposition in State v. Andrew Menken, which was five days before Andrew Menken’s trial was set to begin, defendant, who was a State’s witness in State v. Andrew Menken, testified that she did not conspire with Andrew Menken to extort Randy Aschinger. Previously, however, at her plea hearing, which was on September 24, 2013, defendant, in providing the factual basis for her guilty plea to Conspiracy to Commit Extortion, stated that she conspired with Andrew Menken to extort Randy Aschinger. Following this affirmation to the Court, the State provided the following reason it was recommending a deferred judgment for defendant: “I need [defendant’s] testimony. I mean, simply I need for her to repeat what she just said here today on the witness stand [in State v. Andrew Menken] --- the third Defendant in this matter, who [has] yet to come to trial.” The defendant's act (here, testifying contrary to her affirmation to Judge Bice) was done with specific intent to obstruct the State’s prosecution of Andrew Menken for the above-mentioned crimes.

A TRUE INFORMATION

________________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: [email protected]


WITNESS LIST

MICHELLE PHILLIPS, Certified Shorthand Reporter

ROBIN QUALY, Certified Shorthand Reporter

KEN MCCLURE, Sheriff, Sac County Sheriff’s Office

DONNA GEERY, Sac County Clerk of Court

FACEBOOK CUSTODIAN OF RECORDS


State of Iowa Courts

Type: Approval of Trial Information

Case Number Case TitleState of Iowa v. Elizabeth Ann Aschinger

On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.

Release conditions are set by separate Order of the Court.

So Ordered

Electronically signed on 2014-02-05 14:00:05 page 4 of 4


IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, Plaintiff, vs. ELIZABETH ASCHINGER , Defendant.

Case No: 02811 FECR012497 ORDER APPROVING TRIAL INFORMATION, SETTING ARRAIGNMENT AND BOND

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have beenexamined by the undersigned and found to contain sufficient evidence, if unexplained, to warrant aconviction in a trial by jury. Therefore, the filing of this Information and Minutes is hereby approved. IT IS ORDERED, the Defendant shall personally appear for hearing, an Arraignment Hearing isscheduled on 02/19/2014 at 11:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. The Defendant is advised that failure to appear will result in the issuance of an arrest warrant and willresult in forfeiture of the appearance bond on file. IT IS FURTHER ORDERED, the Defendant's bond and conditions for release from custody inthis matter shall be: Defendant is released on personal recognizance. Clerk shall cause notice of arraignment to be mailed to Defendant. Other Conditions of Release: Defendant shall obey all Federal, State, and Local Laws. Clerk to provide notice or copies to:County AttorneyDefendant/Defense Attorney

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State of Iowa CourtsCase Number Case TitleFECR012497 STATE OF IOWA V. ELIZABETH ANN ASCHINGERType: ORDER FOR ARRAIGNMENT

So Ordered

Electronically signed on 2014-02-05 14:25:21

2 of 2


.FILED

Bli,FEB 12 W " s Z I

In the lowa District Court for S f lC County

State of lowa, or Case No. Q W teW)|3491

Plaintiff/Petitioner

vs.

Defendant/Respondem:

Financial Affidavit/Application for Appointment of Counsel

Name:Elrmhem ftscrwy 7(13

Birth Date:

Address: fiUS5 ftrirlgPAOOOft bl\/(l K l f i r DSrO Phone: 112-130-63&S

Street City State Zip 5 o l U M .

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Do you have a job? Who do you work for? _

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How much money do you make before taxes or deductions? _

Does your spouse live with you? NiO " Number of children living with you: Jo

Select One

Does anyone who lives with you have a job? M O How much money do they make? Q per Select Ot

List all other money you have coming in, or anyone living with you has coming in:

List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or

anything else worth more than $100:

Car t itemed) - * 3*. ooo NUM

Rule 2.32 - Form 1

List what you pay monthly for mortgages, rent car loans, credit cards, child support, any other debts:

(iunt- I OOO

I understand I may be required to repay the State for my attorney fees and costs, I may be required to

sign a wage assignment, and I must report any changes in this information. I promise under penalty of

perjury the statements I make in this application are true and I am unable to pay an attorney.

Date: 03-10-14

Signature: [Name]/s/ gj, OJUJUk. 9^ ' " 1 j ^ C n * l L

[Law Firm]

[Mailing Address].

[Telephone Number]_

[E-mail Address]

[Additional E-mail Address]

Rule 2.32 - Form 1

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. ELIZABETH ASCHINGER , DEFENDANT.

02811 FECR012497

ORDER RE:

APPLICATION FOR APPOINTMENTOF COUNSEL

The defendant has made application for appointment of counsel at public expense. Based upon the information provided by the defendant, the Court finds as follows: The Defendant has income at or below 125% of the guidelines, not appointing would cause financialhardship. Attorney Sarah Smith, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

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State of Iowa CourtsCase Number Case TitleFECR012497 STATE OF IOWA V. ELIZABETH ANN ASCHINGERType: ORDER APPOINTING

So Ordered


2 of 2


Date: 2/13/14 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

State of IowaPlaintiff

No. FECR012497 vs.

ELIZABETH ANN ASCHINGERDefendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGEOF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:

1. Certain representatives of the news media want to use photographic equipment(__X__), television cameras (__X__) or electronic sound recording equipment (__X__) in courtroom coverage in the above proceeding.

2. This filing is for all pre-trial motions, plea-taking, trial and sentencing.

3. The request(s) for expanded media coverage are described as follows: Two video cameras, tripods, videographers; audio accessibility; two photographers with up to two still cameras and two lenses each, two tripods.

4. This notice of request(s) for expanded media coverage is filed at least 14 days in advance of the proceedings for which expanded media coverage is being requested or grounds for shorter notice are set out in an attached statement.

5. I sent a copy of this notice by ordinary mail directed to the last known address of all counsel of record, parties appearing without counsel, the district court administrator for this judicial district, and the judicial officer expected to preside at the trial or proceedings for which expanded media coverage has been requested, as follows:

Sac County AttorneySac City, IA 50501

Sarah Livingston Smith704 Central Ave., Suite 1Fort Dodge, IA 50501

DISTRICT COURT ADMINISTRATOR: Scott Hand

PRESIDING JUDGE: Adria Kester

CLERK OF COURT: Sac County


WHEREFORE, the undersigned media coordinator gives notice of request(s) for expanded media coverage as aforesaid.

Signature_/s/ Jesse Helling______________________

Date____2/13/2014___________________ Jesse HellingMedia Coordinator, Region 4Address: Fort Dodge Messenger713 Central Ave.Fort Dodge, IA 50501Phone: (800)622-6613 Fax: (515)574-4529


2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, vs. ELIZABETH ASCHINGER , DEFENDANT.

Case No. 02811 FECR012497 O R D E R

The media coordinator has filed a Request for Expanded Media Coverage. If

either the State or the Defendant has any objection to this request, they should file a

document so indicating on or before February 28, 2014. If any objection is filed on or

before February 28, 2014, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before February 28, 2014, the pending Request for

Expanded Media Coverage will be granted without further notice, order, or hearing.

IT IS SO ORDERED.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

SARAH LIVINGSTON SMITH

MEDIA COORDINATOR

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E-FILED 2014 FEB 14 9:32 AM SAC - CLERK OF DISTRICT COURT

State of Iowa CourtsCase Number Case TitleFECR012497 STATE OF IOWA V. ELIZABETH ANN ASCHINGERType: OTHER ORDER

So Ordered


2 of 2

E-FILED 2014 FEB 14 9:32 AM SAC - CLERK OF DISTRICT COURT

IOWA DISTRICT COURT FOR SAC COUNTYSTATE OF IOWA, Plaintiff, vs. ELIZABETH ASCHINGER , Defendant.

Case No: 02811 FECR012497 RECORD OF ARRAIGNMENT; ORDER SETTING PRETRIAL CONFERENCE AND JURY TRIAL.

The defendant having filed a written arraignment in this matter on February 18, 2014. The defendant WAIVES the right to a speedy trial. IT IS ORDERED as follows:Pretrial Conference: Pretrial Conference is scheduled on 04/02/2014 at 9:30 AM at the Sac Co.Courthouse, 100 NW State St., Sac City, Iowa. At the pretrial conference, the defendant shalleither reaffirm the not guilty plea or submit a written plea of guilty. If a written plea of guilty is filedprior to the pretrial conference, the conference will be canceled. IF THE DEFENDANT FAILS TO APPEAR FOR THE PRETRIAL CONFERENCE, A WARRANT FOR THEDEFENDANT'S ARREST MAY ISSUE. Jury Trial: Jury Trial is scheduled on 04/08/2014 at 9:00 AM at the Sac Co. Courthouse, 100 NWState St., Sac City, Iowa. Trial in the District Associate Court. The defendant shall appear for trial onthe charge(s) contained in the Trial Information. If Defendant has not previously been fingerprinted in connection with this offense, Defendant shall appear before theSheriff and submit to fingerprinting within 30 days. Defendant must make prior arrangements for fingerprinting be callingthe Sheriff during regular office hours. Depositions and Discovery: If the Defendant chooses to take depositions of minuted State witnesses, depositionsare ordered pursuant to I.R.Cr.P. 2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shallcomply with I.R.Cr.P. 2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, thedepositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant toI.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions ofI.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery,the Defendant shall comply with the disclosure required by I.R.Cr.P. 2.14(3). Either party may object to the order fordiscretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, includingany evidence relating to the credibility of minuted witnesses.

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Motions in Limine: Hearing on any filed Motion in Limine will be held at 8:30 a.m. on the day of trial. Clerk to provide copies to:County Attorney, Defense Attorney or Defendant

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State of Iowa CourtsCase Number Case TitleFECR012497 STATE OF IOWA V. ELIZABETH ANN ASCHINGERType: ORDER SETTING TRIAL

So Ordered


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E-FILED 2014 MAR 31 1:45 PM SAC - CLERK OF DISTRICT COURT

IN THE DISTRICT COURT FOR SAC COUNTY

______________________________________________________________________________

STATE OF IOWA, : No. FECR012497

Plaintiff, :

ORDER

vs. :

ELIZABETH ASCHINGER, :

Defendant. :

______________________________________________________________________________

NOW on the date indicated below, the Defendant’s Motion to continue trial comes before

the Court.

IT IS THEREFORE ORDERED that the Defendant’s Motion to Continue is granted.

Trial in the above-referenced matter is hereby continued to the 24th

day of June, 2014, at 9:00

o’clock A.M. at the Sac County Courthouse.

IT IS FURTHER ORDERED that the Pretrial Conference in the above-referenced matter

is hereby continued to the 18th

day of June, 2014, at 9:00 o’clock A.M. at the Sac County

Courthouse.

E-FILED 2014 APR 01 11:49 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type: ORDER FOR CONTINUANCE

Case Number Case TitleFECR012497 STATE OF IOWA V. ELIZABETH ANN ASCHINGER

So Ordered

Electronically signed on 2014-04-01 11:49:03 page 2 of 2

E-FILED 2014 APR 01 11:49 AM SAC - CLERK OF DISTRICT COURT

fe cr 012497

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