Extortion and Conspiracy to Extort Charges Against Carroll Man Dismissed, Found Not Guilty of Aiding...

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v. ANDREW CHRISTIAN MENKEN,

Defendant.

CASE No. FECR012301

NOTICE OF ADDITIONALWITNESSES AND ADDITIONALMINUTES OF TESTIMONY

COMES NOW the undersigned Prosecuting Attorney and pursuant to theIowa Rules of Criminal Procedure hereby gives Notice of Additional Witnessesand Minutes of Testimony in support of the Trial Information previously filedherein:

1. Minutes of Testimony of the witnesses named in the attached Addition toMinutes of Testimony have been filed with the Trial Information.

2. Substantial rights of the defendant are not prejudiced by the attached Additional Minutes of Testimony.

3. A wholly new and different offense is not being charged.

4. This Addition to the Minutes of Testimony is in the interest of justice.

____________________________Benjamin John Smith - AT0008834Sac County AttorneySac County Courthouse100 NW State St., Suite 9Sac City IA 50583Telephone: 712-662-4791Facsimile: 712-662-4123Email: [email protected]

E-FILED 2014 JAN 17 1:52 PM SAC - CLERK OF DISTRICT COURT



IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

v. ANDREW CHRISTIAN MENKEN,

Defendant.

CASE No. FECR012301

LIST OF ADDITIONAL WITNESSES

BRENT DEWALD, Wireless Field Manager, Long Lines Wireless

TIM WILABY, Juvenile Court Officer 4, State of Iowa




2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

PLAINTIFF,

vs. ANDREW CHRISTIAN MENKEN ,

DEFENDANT.

Case No. 02811 FECR012301

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 January 24, 2014. If any objection is filed on orbefore January 24, 2014, the Court will schedule further proceedings to resolve the

dispute. If no objection is filed on or before January 24, 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

CHARLES ADAM SCHULTE

MEDIA COORDINATOR

1 of 2

E-FILED 2014 JAN 22 10:14 AM SAC - CLERK OF DISTRICT COURT



State of Iowa CourtsCase Number Case TitleFECR012301 STATE OF IOWA VS. ANDREW CHRISTIAN MENKENType: OTHER ORDER

So Ordered

Electronically signed on 2014-01-22 10:14:56

2 of 2




IN THE IOWA DISTRICT COURT FOR SAC COUNTY

THE STATE OF IOWA, : FECR012301

Plaintiff, : ORDER FOR DEPOSITIONS

Vs :

ANDREW CHRISTIAN !EN"EN, :

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U&'n a&&li(ati'n 'f (')*t+a&&'int#$ att'*n# , C-a*l#s A S(-)lt#, t-# C')*t $#t#*.in#s

t-at $#&'siti'ns .a /# a)t-'*i #$ in t-is .att#*

IT IS THEREFORE ORDERED t-at t-# D#f#n$ant .a ta # $#&'siti'ns 'f an 'f t-#

Stat# s itn#ss#s at &)/li( #4&#ns#

IT IS FURTHER ORDERED t-at t-# #ff#(ti5# $at# 'f t-is '*$#* a)t-'*i in6 $#&'siti'ns

at Stat# #4&#ns# s-all /# f*'. an$ aft#* 7an)a* 18, 2019






IN AND FO R T H E IOWA DISTRICT COURT FOR SAC COUNTY

State of Iowa, Case N o FECRO12301Plaintiff, SUBPOENA

vs. Subpoena ordered by:

Sac County Attorney Benjamin John SmithANDREW CHRISTIAN M E N K E NDefendant, Nature of Proceedings: Trial

TO: Randy Aschinger3027 Mace AvenueLake View IA 51450

YOU ARE ORDERED BY TH E COURT T O PERSONALLY APPEAR A T T H E T I M EAND PLACE S TAT E D H E R E A F T E R .

P L A C E : Sac County Courthouse D U C E S T E C U M : You are required to appear100 N W State Street and give testimony as a witness in the above

Sac C ity IA 50583 named case at the place, date, and timespecified.

D AT E and T I M E :

Tuesday, January 28, 2014 at 10:00 a.m.

D AT E I S S U E D : January 28, 2014

Donna Geery, Clerk,onna GeeryIowa District CourtB y

Clerk-s-t)esignee

for Sac County

If you require the assistance of auxiliary aids or services to participate in Court because ofa disability, immediately call your district ADA coordinator at 515-684-6502. If you arehearing impaired, call Relay Iowa T T Y at 1-800-735-2942).

Date Reed:

Date Served:Who Served:AddressServed:

R E T U R N OF SERVICE

5. co

Fees:

Mileage: Total: Sheriff for Sac County, Iowa

<NJOD

t

t o

oC O—

i o o



IN AND FOR TH E IOWA DISTRICT COURT FOR SAC COUNTY

State of Iowa, Case N o FECR012301Plaintiff, SUBPOENA

vs. Subpoena ordered by:

Sac County Attorney Benjamin John SmithANDREW CHRISTIAN M E N K E NDefendant, Nature of Proceedings: Trial

TO: Jason Dallas Heffelmeier14745 Hammond AvenueBuckingham IA 5 612

YOU ARE ORDERED BY T H E COURT TO PERSONALLY APPEAR A T T H E T I M EAND P L A C E S TAT E D H E R E A F T E R .

P L A C E : Sac County Courthouse D U C E S T E C U M : You are required to appear100 N W State Street and give testimony as a witness in the above

Sac City IA 50583 named case at the place, date, and timespecified.

D AT E and T I M E :

Tuesday, January 28, 2014 at 11:00 a.m.

D AT E I S S U E D : January 28, 2014

Donna Geery, Clerk,

Iowa District Cqurt for Sat CountyBy: J jTUlM^JbQlb LWu^Y] M •

Clerk^Designee ^ 1

If you require the assistance of auxiliary aids or services to participate in Court because ofa disability, immediately call your district ADA coordinator at 515-684-6502. If you arehearing impaired, call Relay Iowa T T Y at 1-800-735-2942).

R TUR OF SERVICE S

Date Reed: Fees: $ £ i>Date Served: Mileage: $ £ 7 ?Who Served: Total: $ Z] gAddress Sheriff for Sac County, Iowa He xServed: 3 -<o

- < i

•r-



IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff, vs. ANDREW CHRISTIAN MENKEN ,

Defendant.

Case No: 02811 FECR012301

EXHIBIT LIST

Jury TrialJanuary 28 & 29, 2014

Presiding Judge: William C. Ostlund

The following exhibits were offered and admitted by the Court at the hearing as shown above: State

1. cell phone records2. cell phone - track phone

3. text4. text5. text6. text7. phone bills8. aerial photo9. photo10. GPS11. tower hits12. tower hits13. DVD - interview14. recording of phone call15. phone records16. phone records17. phone records18. phone records

1 of 2




State of Iowa CourtsCase Number Case TitleFECR012301 STATE OF IOWA VS. ANDREW CHRISTIAN MENKENType: EXHIBIT LIST

So Ordered

Electronically signed on 2014-01-29 15:46:46

2 of 2




IOWA DISTRICT C O U RT FO R SA C C O U N T Y

S TAT E O F IOWA,

Plaintiff,vs.

A N D R E W CHRISTIAN M E N K E N ,

Defendant.

INSTRUCTION NO . 1

The Trial Information charges the Defendant, Andrew C hristian M enken , with the

crimes of C ons piracy to Com mit E xtortion, Extortion, and Aiding and Abetting Theft in th

Second De gree. The Cou rt has dismiss ed the crimes of Co ns piracy to Comm it E xtortion

and E xtortion. N o inference should be drawn from this court's dismissal. The remaining

count charges the Defendant with the crime of Aiding and A betting Theft in the Se con d

Degree.

To these ch arges , the D efendant has entered pleas of Not Guilty.

INSTRUCTION NO . 2

The Trial Information is the document that formally charges the Defendant with a

crime. It is merely the method by which the Defendant is brought into court for trial. It is

not evidence.

INSTRUCTION NO . 3

Th e De fendan t has entered a plea of not guilty. The plea of not guilty is a com plete

denial of the charges and places the burden on the State to prove guilt beyond a

reasonable doubt. W hene ver instruct you the State must prov e some thing, it must be by

evidence beyond a reas onab le doubt. If the State doe s not prove the D efendant guilty

beyond a reasonable doubt, your verdict must be not guilty.

FECR012301 2= m

U j O o

J U RY INSTRUCTIONS ~o S f 51 ^ n

C Ocn



INSTRUCTION N O. 4

The D efendant is presu med innocent and not guilty. This presumption of innocence

requires you to put as ide all su sp icion which might a rise from the arrest, charge, or the

prese nt situation of the Defendant. Th e presum ption of innoce nce remains with the

Defen dant throughout the trial unless the ev idence establishes guilt beyond a reas ona ble

doubt.

INSTRUCTION NO . 5

Y ou must determine the Defendant's guilt or innocence from the evidence and

the law in these Instructions.

Y ou m ust cons ider all of the instructions together. N o one instruction includes allof the app licable law.

INSTRUCTION NO. 6

The duty of the jury is to determine if the D efendant is guilty o r not guilty. In the

event of a guilty verdict, you have nothing to do with punishment.

INSTRUCTION NO. 7

N othing I have s aid or done during the trial was intended to give a ny opinion as

to the facts, proof or what yo ur verdict should be.



INSTRUCTION NO . 8

The burden is on the S tate to prove the Defendant guilty beyond a reaso nable

doubt.

A reasonable doubt is one that fairly and naturally arises from the evidence or

lack of evidence produ ced by the State.

If, after a full and fair consideration of all the evide nce, you are firmly convinced

ofthe Defendant's guilt, then you hav e no reaso nable doubt and you sho uld find the

Defendant guilty.

But if, after a full and fair con sideration of all the ev idence or lack of eviden ce

produced by the State, you are not firmly convinced of the Defendant's guilt, then you

have a rea son able doubt and you shou ld find the D efendant not guilty.

INSTRUCTION NO . 9

Y ou must bas e your verdict only upon the ev idence and these instructions.

Evidence is:

1. Testimony.

2. Exh ibits received by the Court. Y ou may exam ine the exhibits closely, but be

careful not to alter or destroy them.The following are not evide nce:

1. Statemen ts, argumen ts, questions, and comm ents by the lawyers.

2. Objections and rulings on objections.

3. Testimony I told you to disregard.

4. Anything you sa w or heard about this case outside the courtroom.



INSTRUCTION N O. 10

In deciding the facts, consider the evidence using your observations, common

sense , and exp erience . Y ou must try to reconcile any conflicts in the ev idence ; but if

you cannot, you will accept the ev idence you find more believable.

In determining the facts, you may have to d ecide what testimony you believe.

Y ou may believe all, part, or none of any witness 's testimony.

There are many factors which you may consider in deciding what testimony to believe.

For examp le:

1. Whether the testimony is reasonable and consistent with other evidence you

believe;

2. W hethe r a witness has made inconsistent statements;

3. Th e witness 's app eara nce , conduct, age , intelligence, memory, andknowledge of the facts; and

4. Th e witne ss 's interest in the trial, their motive, cando r, bias, and prejudice.

INSTRUCTION N O. 10 B

In considering the evidence, make deductions and reach conclusions according

to reason and common sense. Facts may be proved by direct evide nce, circumstantial

evidence, or both.

Direct evidence is evidence from a witness who claims actual knowledge of a

fact, such as an eyew itness. Circumstantial evide nce is evidence about a chain of facts

which show a defendant is guilty or not guilty.

The law make s no distinction between direct evide nce and circums tantial

evidence. Giv e all the evidence the weight and v alue you think it is entitled to receive.



INSTRUCTION N O. 11

To commit a crime a person must intend to do an act which is against the law.

W hile it is not necessary that a perso n knows the act is against the law, it is necessary that

the person was aware he was doing the act and he did it voluntarily, not by mistake or

acciden t. Y ou may, but are not required to, conclud e a person intends the na tural results

of his acts.

INSTRUCTION N O. 12

I hav e not by these Instructions or by any ruling ma de, or by any act done, or by

anything sa id during the trial, intended or attempted to give any opinion a s to what thefacts are, what the proof is , no r what your verdict s hould be.

INSTRUCTION N O. 13

Y ou have heard evidence claiming witness made statements before this trial

while not under oath which were incons istent with what the witness said in this trial.

Because the witness did not make the earlier statements under oath, you may

use them only to help you dec ide if you believe the witness .Decide if the earlier statements were made and whether they were inconsistent

with testimony given at trial. Y ou may disregard all or any part of the testimony if you

find the statements were made and they were inconsistent with the testimony given at

trial, but you are not required to do so.

Do not disrega rd the testimony if other evide nce you b elieve suppo rts it, or if you

believe it for any other reason.



INSTRUCTION N O. 14

The State must prove all of the following elements of Theft:

1. On or about the 1 3t h day of April, 2013, the Defendant aided or

abetted another in taking possession or control of property.

2. The Defendant did so with th e intent to deprive Randy Aschinge r of

the property.

3. The property, at the time of the taking, belonged to Ran dy As ching er.

If the Sta te has proved all of the elem ents , the D efendant is guilty of Theft. Y ou

must then determine the degre e of Theft, as explained to you in Instruction N o. 19. If the

State has failed to prove any one of the elements, the Defendant is not guilty of Theft.

INSTRUCTION N O. 15

"Aid and abet" me ans to knowingly approve and agree to the com miss ion of a

crime, either by active participation in it or by knowingly advising or encouraging the act

in som e way before or when it is committed. Con duct following the crime m ay be

considered only as it may tend to prove the Defend ant's earlier participation. M ere

nearness to, or prese nce at, the sc ene of the c rime, without more ev idence , is not

"aiding and abetting". Likewise , mere knowledge oft he crime is not enough to prove"aiding and abetting."

The guilt of a person who knowingly aids and abets the co mm ission of a crime

must be determined only on the facts which show the part he has in it, and does not

depend upon the degree of another person's guilt.

If you find the State has proved the Defendant directly committed the crime, or

knowingly "aided and abetted" other person(s) in the com miss ion ofth e crime, then the

Defendant is guilty ofthe crime charged.

INSTRUCTION N O. 16

"Possession or control" as us ed in element of Instruction N o. 14 me ans to

secure dominion or exert control over an object, or to use an object in a manner beyond

the pe rson 's authority to do so .



INSTRUCTION N O. 17

In con sidering whether or not the property was previously stolen, the State

does not ne ed to prove that the pe rson who stole the property has be en conv icted of the

crime.

INSTRUCTION N O. 18

Property is anything of value, whether publicly or privately owned. The term

includes both tangible and intangible property, labor or services. The term includes "real

property" and "p erso nal property."

INSTRUCTION N O. 19If you find the Defendant guilty of Theft, you should then determine the

deg ree of Theft. I have attached a question which must be an sw ered , and by so doing,

you will determine the deg ree of Theft.

In answering the question, the State must prove the value of the property

taken. Y ou will check the blank next to the ap propriate value on the verdict form.

The following are the different degrees of Theft:

1. The ft in the 1s t

De gree - exceeding $10,0002. The ft in the 2n d Degree - exceeding $1,000 but less than $10,000

3. The ft in the 3r d D egree - exceeding $500 but less than $1,000

INSTRUCTION N O. 20

Where two or more alternative theories are presented, or where two or more

facts would produce the same result, the law does not require each juror to agree as to

wh ich theory or fact lead s to his or her verdict, it is the verdict itself wh ich must be

unan imous , not the theory or facts upon which it is based.



INSTRUCTION N O. 21

During the trial you have been allowed to take notes. Y ou may take these with

you to the jury room to use in your deliberations. Re me mb er, these are notes and not

evidence. Ge nera lly, they reflect the recollection or impres sions of the evide nce as

viewed by the person taking them, and may be inaccurate or incomplete.

Upon reaching a verdict, leave the notes in the jury room an d they will b e

destroyed.

INSTRUCTION N O. 22

Exhibits have been admitted into evidence and are to be co nsidered along with

all of the o ther evide nce to a ss ist you in reaching your verdict. Y ou are not to tam per

with the E xhibits or their contents and e ach E xhibit should be returned, along with your

verdict, in the sa m e condition as it was when received by you .

Further, these instructions will be se nt to the jury room for your consideration

during the cou rse of your deliberations. Y ou are not to tamp er with, underline, or in any

man ner mark them as they must be returned at the time of your verdict in the sam e

condition as they are now being given to you .

However, the C ourt is distinguishing between the instructions and the v erdict

form. Y ou r verdict must be written upon the verdict form.



INSTRUCTION NO. 23

Occasionally, after a jury retires to the jury room, the members may have questions

about instructions. Usually these can be answered by carefully re-reading them. If

however, you feel it is necessary to ask a question you must do so in writing. I cannot

communicate with you without first discussing your question and potential answer with the

parties and attorneys. This naturally takes time and deliberation before I can reply.

The Court Attendant who has been working with me on this case will be under oath

not to communicate with you except to ask if you have agreed upon a verdict. Please do

not ask the court attendant any questions about the Instructions.

Jurors sometimes like to know how long they will be working each day. I usually

leave that up to you. would like you to notify me in writing how long you would like to work

and how early you would prefer to reconvene if necessary.Finally, if yo u need to notify anyone about the time you will be deliberating, notify the

Court Attendant in writing or before you begin deliberations and a phone will be made

available to you for that purpose.



INSTRUCTION N O. 24

W h e n you begin your deliberations, you sho uld select a foreman or forewom an. He

or she shall se e that your deliberations are carried on in an orderly man ner, that the issues

are fully and freely discussed, and that every juror is given a n opportunity to ex pres s their

views.

In order to return a verdict, eac h juror m ust agree to it. Y ou r verd ict must be

unanimous.

It is your duty a s jurors to con sult with one another and reach an agreem ent, if you

can do s o without com prom ising your individual judgment. Each of you must decide the

case for yourself, but do s o only after an impartial con sideration of the e viden ce with the

other jurors.

During the d eliberations , do not hesitate to re-exam ine your view and ch ang e youropinion if convinced it is wrong . But do not change your opinion as to the weight or effect

of the evidence just because it is the op inion of the o ther jurors, or for the m ere pu rpose of

returning a verdict.

Remember, you are the judges of facts. Y our sole duty is to find the truth and do

justice.



INSTRUCTION N O. 25

I herewith submit to you a verdict form.

W hen you have reached a verdict, the foreperson shall sign on the appropriate

signature line and you should notify the Court Attendant.

Dated this 29t h day of January, 2014.

H t>S T ? *n WILLIAM C. OSTLUN D,J DISTRICT C O U RT J U D G E



IOWA DISTRICT C O U RT F O R S A C C O U N T Y

S TAT E OF IOWA , VoPlaintiff, \ FE CR 012 301

o3 5>

ANDREW MENKEN VERDICT FORMS £ O

Defendant. ~o . . o c :

o3 =T,.

W e, the jury, find the Defendant, Andrew M enken: ECOcn

C O U N T III1. Guilty of Aiding and Abe tting Theft

2. N ot Guilty

(check only one of the below if the jury finds the Defendant guilty in CountIII.)

If you found the Defendant guilty of Theft, answer the following:

1. The ft, 1s t Degree-exceeding $10,0002. Theft, 2n d Degree - excee ding $1,000 but less than $10,0003. Theft, 3r d Degree - excee ding $500 but less than $1,000



IOWA DISTRICT C O U RT FO R SA C C O U N T Y

S TAT E O F IOWA, ^Plaintiff, FE CR 012 301 ^

—<o3 C >

A N D R E W M E N K E N, V E R D I C T F O R M S £ F g §Defendant. -o 5 ^ 5

We the jury find the Defendant Andrew Menken: •• ECOCT i

C O U N T III1. Guilty of Aiding and Abe tting Theft

2. ^ Not Guilty

(check only one of the below if the ury finds the Defendant guilty in CountIII.)

If you found the Defendant guilty of Theft, an swer the following:

1. Theft, 1s t Degree - excee ding 10,0002. Theft, 2n d Degree - e xceeding 1,000 but less than 10,0003. Theft, 3r d Degree - e xceeding 500 but less than 1,000

E P E R S



2RCR04 IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Plaintiff,

vs. ANDREW CHRISTIAN MENKEN ,

Defendant.

Case No. 02811 FECR012301

COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Benjamin SmithFor the Defendant: Charles SchulteOther:

Information required by Iowa Rule of Civil Procedure 1.903(3):I, Nancy A. Timmons, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3):

1. The type of proceeding that was reported: jury trial 2. The date(s) on which the proceeding occurred: January 28 and 29, 2014 3. The name of the court reporter who reported the proceeding: Nancy A. Timmons 4. The name of the judge who presided over the proceeding: William C. Ostlund 5. The reporting fee for the proceeding: $80.00 6. We, the undersigned judge before whom the above-entitled case was tried, and theofficial court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10.

/s/ Nancy A. Timmons ___________________________________ District Court Reporter

1 of 2






IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, ))

Plaintiff, ) No. FECR012301

) v . ) O!"#!)

ANDREW C$RISTIAN %EN&EN, ))

D#f#n"ant. )

T'i (a # (a*# on fo! t!ial on +an a! 2-, 201 . T'# Stat# of Io/a

a #a!#" Sa( Co nt Atto!n# #n a*in S*it'. T'# D#f#n"ant a #a!#" /it'

'i (o n #l, C'a!l# S(' lt#. On +an a! 24, 201 , t'# ! !#t !n#" a

nani*o v#!"i(t a follo/ 5 W#, t'# ! , fin" t'# D#f#n"ant, An"!#/ %#n6#n5

COUNT III

1. 77777 8 ilt of Ai"in9 an" A #ttin9 T'#ft

2. 77:77 Not 8 ilt

7777777; ; Alli on % !t #7777777777FOREPERSON

IT IS ORDERED t'at t'# D#f#n"ant i a" "9#" to # not 9 ilt of t'#

(!i*# of Ai"in9 an" A #ttin9 T'#ft.

IT IS FURT$ER ORDERED t'at Co nt I an" Co nt II a!# '#!#

"i *i #".

IT IS FURT$ER ORDERED t'at (o t a!# a # #" to t'# Stat# of Io/a.

Cl#!6 to fo!/a!" (o i# to5

Co nt Atto!n#C'a!l# S(' lt#




State of Iowa Courts

Type: OTHER ORDER

Case Number Case TitleFECR012301 STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN

So Ordered

Electronically signed on 2014-01-31 11:39:08 page 2 of 2


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Extortion and Conspiracy to Extort Charges Against Carroll Man Dismissed, Found Not Guilty of Aiding...

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