UPDATED: Lindaman Case Finally Settled, Appeal Possible

11:00 am Friday, June 22

Charles City, Iowa – District Court Judge Gregg Rosenbladt denied Douglas Lindaman’s motion for a new trial or case dismissal and sentenced Lindaman up to two years in prison.

Lindaman filed several motions in court last week wanting a fourth trial or a case dismissal.  Judge Rosenbladt denied all of them.  Lindaman argued evidence from the previous trial had been “flawed.”  It included statue of limitations, false statements towards a legal office – when he was running for the school board, and the timing of the 2015 charges by County Attorney Rachel Ginbey.  In court, Lindaman claims his civil rights had been violated.

 

Another motion from Lindaman detailed how jurors could have the opportunity to ask witnesses questions.  Lindaman said letting the jurors ask questions to witnesses provides a “check and balance” to the courts and lets the jury have “his or her right to be heard.”  Also, Lindaman wanted to pre-mail a questionnaire to jurors selected before trial to eliminate sexual orientation bias.  Ginbey argued their (jurors) bias wouldn’t affect their judgement when weighing the facts.

Judge Rosenbladt also denied Lindaman’s motion detailing how the court instructed the jury to interpret what a sex act versus non-sexual contact is.  Lindaman was convicted in April of a lesser offense- assault with intent to commit sexual abuse.  Judge Rosenbladt denied the motion to have a physical examination of the victim’s genitals.  Ginbey argued it was “re-victimization.”

One of the last motions Lindaman argued was testimonies from witnesses had inconsistencies between all three trials.  Ginbey argued saying the jurors were smart enough judging witness credibility.

 

Lindaman is senteced to up to two years in prison.  He is required to pay about two thousand dollars in court fines and restitution.  Lindaman can not have contact with the victim’s family for five years, he must submit his DNA profile to the court and be on the sex offender registry.

Lindaman has 30 days to appeal to the Iowa Supreme Court.  Time in jail spent for previous crimes will not be used in his two-year sentence.  He’s eligible for parole and is out on a two-thousand dollar appeal bond.

 

Published Wednesday, June 21

Charles City, Iowa- A Floyd County District judge said he will issue a written ruling regarding a motion for a change of venue and dismissal on a tampering charge.  Floyd County Attorney Rachel Ginbey charged Douglas Lindaman with tampering with a witness saying Lindaman offered to dismiss his claims suit against the family if they acknowledge the validity of an agreement made in 2011.

Lindaman says the court needed to dismiss the case because the language of the small claims suit was typical of normal settlement language.

The judge also ruled on Lindaman’s request to submit a questionnaire containing 52 “physco-sexual” questions to potential jurors before the jury is selected.  The second motion from Lindaman was to advise the jurors they could ask questions during the trial.  The judge denied both.

The trial for the tampering charge is scheduled for July 19th and the district court judge will issue a written statement if there would be a possible change of venue. Lindaman is still scheduled for his sentencing of, assault with intent to commit sexual abuse from his third trial tomorrow at 9am.  KCHA and 95.1 The Bull will have live coverage.

Published Friday, June 15

Charles City, Iowa – Douglas Lindaman filed a motion in Floyd County District Court seeking a fourth trial or dismissal of charges. Lindaman’s motion raises a number of issues.

He argues the court should require physical examination of the alleged victim’s genitals.  The second issue the motion says the court’s instruction to the jury didn’t make it clear how non-sexual legitimate contact should be treated. Lastly, he raises the issue of the timing when the charges were filed in 2015; 10 days before a school board election, one in which he was a candidate for.

The Floyd County Attorney’s office has no comment.  Lindaman’s sentencing will be Friday, June 22nd at 9 am.

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