Complaint

Item #: 2013-328

STATE OF I O W A , COUNTY OF SAC

STATE OF IOWA Andrew Christian Menken Defendant Before (Judge, Magistrate)

WARREN L BUSH
vlWlCIAL MAGISTRATE

Criminal Case No. P ~ ^ . C i ^ O j O v C x ) \ < = > EE

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Address$24 South Walnut Street Carroll, lowa Date of Birth 7/28/1976

Complaint
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Class D Felony
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The defendant is accused of the crime of EXTORTION in violation of (Section 711.4(3) of the Code of lowa) onOrdinanee No. of the City of , in that the defendant on the 8JJH day of April , 2013, at the 3027 Mace Ave., Lake View,

lowa in Sac County, did : Commit the offense of Extortion. (State acts or omissions constituting offense) Dated / t f f i y $, /Of

Complainant Statutory Reference 804.1 Code of lowa STATE OF IOWA, COUNTY OF SAC, ss. I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other reliable persons form my belief that Andrew Christain Menken the defendant committed the crime charged. Between the dates of April 8, 2013 and April 13, 2013, ANDREW C. MENKEN did extort R.A., a Sac County resident. R.A. was in Sac County when he first received the threat from MENKEN. MENKEN told R.A. he would disclose personal information concerning R.A., which would expose R.A. to hatred, contempt, and / or ridicule if disclosed to another, unless R.A. paid MENKEN $55,555.00. Specifically, and among other things, R.A. received numerous text messages and phone calls from a prepaid phone (i.e., mobile phone not belonging to any known individual / subscriber), giving R.A. instructions on how to obtain the money and were to drop it off at. Cell phone records obtained through court orders places MENKEN'S personnel cell phone and the prepaid cell phone used during the extortion at the same tower site during a money drop on April 13, 2013, which occurred in Boone, lowa. Cell phone records also show that on April 8, 2013, MENKEN'S personnel cell phone called R.A's personal cell phone, but that this call did not connect to R.A.'s phone and that MENKEN did not call or attempt to call R.A. after this. The victim never provided MENKEN with victim's phone number and although the victim and MENKEN did meet once several years prior, there is no reason for MENKEN to have victim's phone number. Additionally, a witness came forward and told law enforcement that MENKEN told this witness that he and another friend were going to prank the victim. Furthermore, the witness provided certain information to MENKEN, which, other than MENKEN, only the witness knew or could have known; however, said information appeared in the aforementioned threatening text communication to R.A. Lastly, MENKEN did not reasonably believe he had a right to make this threat in order to recover property, be paid for property or service, or recover a debt to which he had a good faith claim, lowa Code 711.4 Address Sd>5^

mere.
Subscribed and sworn to before me by the said the BERLIN J. AUEN Commission Number 727875 My Commission Expires .April 12, 20 T ) P ^ ^

Signature , Complainant, on

Complaint

Item #: 13-328

STATE OF I O W A , COUNTY OF SAC

S T A T E O F IOWA A n d r e w Christian M e n k e n Defendant Address ^24 South Walnut Street Carroll, lowa Before (Judge, Magistrate) Criminal C a s e No.

WARREN L BUSH
^JUDICIAL. M A G I S T R A T E

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Complaint 3:
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Date of Birth 7/28/1976

The defendant is accused of the crime of T H E F T 2 lowa) or Ordinance No. of the City of

C l a s s D Felony

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Degree in violation of (Section 714.1(1) / 714.2(2) of theaSode of , in that the defendant on the 13th day of A p r i l , 2013, at the 3027

Mace Ave..Lake View, lowa in S a c County, did : Commit the offense of Theft 2
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Degree.

(State acts or omissions constituting

offense)

Dated

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^? , $0/~S>

Complainant Statutory Reference 804.1 Code of lowa S T A T E O F IOWA, C O U N T Y O F S A C , ss. I, the undersigned, being duly sworn and under oath, state that the following facts known by me or told to me by the other reliable persons form my belief that Andrew Christain Menken the defendant committed the crime charged. On or about the 13th day of April, 2013, Andy Menken took possession or control of $2,900.00 belonging to Sac County resident, R. A.; when R.A., the victim of telephone extortion threat, took $2,900.00 from his Sac County residence to be delivered to a location as directed by Andy Menken, Andy Menken obtained control of the $2,900.00. Andy Menken took control of the S2, 900.00 with the intent to deprive R.A. of the $2,900.00. The property, at the time Andy Menken took control of the $2,900.00, was located in Sac County, lowa and belonged to R.A.. lowa Code 714.1(1) The theft of property exceeding one thousand dollars but not exceeding ten thousand dollars in value or theft of a motor vehicle as defined in chapter 321 not exceeding ten thousand dollars in value, is theft in the second degree. Theft in the second degree is a class " D " felony, lowa Code 714.2(2) Cell phone tower records place the defendant's cell phone as well as the cell phone used during the extortion in Boone, lowa at the same exact time that the money which was being extorted was delivered. Address

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Signature SSubscribed and sworn to before me by the said _ the * m * / tES*

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iA H P

, Complainant, on

Clerk or Notary Public in the State of lowa * wars]

IN THE IOWA DISTRICT COURT FOR SAC COUNTY M A G I S T R A T E DIVISION STATE OF IOWA, Plaintiff
vs.

2013HM-T ^ '- -

MAGISTRATE NO

INITIAL APPEARANCE

Osfr^f/
Defendant

J7Z>A

On this / day of _, 2o/_,^he Defendant herein appears before the undesigned Magistrate in and for Sac County, having been charged with the crime of & \ reWTftx-X f f o T~ 3Lc.h.d L / e O ^ Y < . being a violation of Section J / 1 . of the Code of The Court advises the Defendant as follows: 1. ~]iH' I ( ' J / V/y^C-^J

That he/she has the right to remain silent. That any statement made by the Defendant can and would be used against him/her in a Court of law. That he/she has the right to have an attorney present at all stages of the proceeding and, if the Defendant is unable to afford counsel, that, upon proper application, one would be appointed for them. , which is classified as:

2. That he/she is charged-with a violatijoy)f Section _ Felony - Class . Aggravated Misdemeanor Serious Misdemeanor

3. That the maximum punishment for a plea of guilty or conviction of the above charge is: One Year County Jail . * A 3 Years Prison // _ /5o<rA C0<**0 And/Or $ Fine ^ 7 ^ 0 0 " 4. Tbat to obtain the services of an attorney at the expense of the State of Iowa, application for Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with this Court.

fer

SCS

(a) *~^' You will be released from custody prior to trial on your own promise to appear at all further court proceedings. If you willfully fail to appear before any court as required, you shall be guilty of a Class D felony/serious misdemeanor; or (b) (If appropriate) Upon consideration of the factors in Section 811.2, the Court is not reasonably assured that you will appear at all court proceedings in the future and therefore the Court imposes the following conditions on your release: .

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6. Defendant is entitled to a preliminary hearing unless waived, which hearing is held to determine whether sufficient evidence exists to justify further prosecution of the Defendant as charged. Prior to a preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information may be filed by the County Attorney of this county. 7. The DefendapHsinformed of his/her rights to a preliminary hearing and preliminary hearing is: Waived Set for the _ _ day of , 2 0 _ , at A . M . in the Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

If a preliminary hearing date has been set, you should contact the county attorney at (712) 662-4791 before attending this hearing to determine whether or not it will be held.

8. IF YOU H A V E NOT B E E N FINGERPRINTED AND PHOTOGRAPHED FOR THIS OFFENSE, Y O U MUST REPORT TO T H E SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS F R O M THIS DATE TO DO SO. IF DEFENDANT HAS NOT PRESENTED T H E M S E L V E S WITHIN 10 DAYS F R O M THIS DATE, T H E SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED A T HIS CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (641) 421-0990. (If you are hearing impaired, call Relay Iowa T T Y at 1-800-735-2942.)

Copies to: County Attorney Defendant " Sac County Sheriff

Form 4.11: No Contact Order (Criminal Prosecution of Domestic Abuse Assault 708.2A or Misdemeanor Charge of Violating No Contact Order 664A. 7).
Case No.

FECgp 1 3 1 3 0 1
T o e
(print or type name here) c_o

Order of Protection
This order can be verified during business hours with the SAC County Clerk of Court at

Judge.

County

(712) 662-7791 or anytime with the

SAC COUNTY SHERIFF ment agency) at (712)-662G7127

(law enforceISSUE DATE:

JT-7-/3

PROTECTED PARTY:

Other Protected Persons:

fid-*
First Middle Last 1

STATE OF IOWA V. DEFENDANT:

DEFENDANT Date of Birth

9-- /?76

First CAUTION:

Middle

Last
If checked.

Address for Defendant (not shared address with Protected Party)

FIREARMS WARNING for Law Enforcement THE COURT HEREBY FINDS: It has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and opportunity to be heard. Additional findings are set forth below. THE COURT HEREBY ORDERS: The above named Defendant is restrained from committing further acts of abuse or threats of abuse. The above named Defendant is restrained from any contact with the Protected PartyX Additional terms of this order are as set forth below! This order shall remain in effect until modified or terminated by further written order of the court, until the case is dismissed, or until sentencing. WARNINGS TO DEFENDANT: This order shall be enforced, even without registration, by the courts of any state, the District of Columbia, any U.S. Territory, and any tribal jurisdiction. 18 U.S.C. 2265. Crossing state, territorial, or tribal boundaries to violate this order may result in federal imprisonment. 18 U.S.C. 2262. Federal and state laws provide penalties for possessing, transporting, shipping, or receiving any firearm or ammunition. 18 U.S.C. 922(g)(8); lowa Code Section 724.26(2)(a). Only the court can change this order.

Effective date: December 2010

6'ri thebasis of the complain finds there is probable cause tp believe that [ ] a domestic abuse assault has occurred ( 708.2A) or [ ] defendant has violated a prior no contact order or consent agreement ( 664A.7)

and the presence of the defendant in the alleged victim's residence poses a threat to the safety of the alleged victim, persons residing with the alleged victim, or members of the alleged victim's immediate family. [ ] If checked, the court finds the defendant and protected party meet the definition of intimate partners as defined in 18 U.S.C. 921(a)(32) ("'intimate partner' means, with respect to a person, the spouse ofthe person, a former spouse of the person, an individual who is a parent of a child of the person, and an individual who cohabitates or has cohabited with the person"). IF CHECKED, the court must check box 6, prohibiting the defendant from possessing firearms. Therefore, the court orders as follows: (l/Defendant shall not communicate with the protected partyjin person or through any means including third persons. This reaction shall not prohibit communication through legal counsel. /HfT)Defendant shall not be in the immediate vicinity of the residence or place of employment of the protected partyj Defenaam shall stay away from the protected party and shall not be in that parry's presence except in a courtroom during court hearings^ ( z ) The defendant, personally or through a third party, shall not threaten, assault, stalk, molest, attack, harass, or otherwise abuse the protected party, persons residing with the protected party, or members of the protected party's family. Defendant shall not use, or attempt to use, or threaten to use physical force against the protected party that would reasonably be expected to cause bodily injury. [']"'' 4. If'checked, defendant may enter the residenesonce in the company-of a peace-officer to retrieve defendant'sjcloth'mg, and work-related items. Defendant shall turn over to the law enforcement agency all devices that allow access or entry to the residence or outbuildings (for example, keys or garage openers). The law enforcement agency shall contact the protected party to provide notice of the intent of the defendant to return to the residence and to accommodate the safety concerns of the protected If checked, additional directives
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S.AC

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"/.^/? f 7? c_tk> AU^K< J/'^a-f n-.^ A-+JJH*J> ^J-hnfsC /H CA r<o'V) X&iLsA 6. The Defendant sharf not possess, ship, transpdrt, or receive firearm's, offensive weapons, or ammunition while this order is in effect pursuant to lowa Code Section 724.26(2)(a) and as a condition of release. The Defendant shall deliver all firearms, ammunition, and offensive weapons to [Name of Law Enforcement Agency!, [Address of Law Enforcement Agency], [Cjty], lowa within 24 hours of release from jail. 7. This protective order is in effect immediately. The order may be extended prior to expiration, or at sentencing, for five years pursuant to sections 664A.5 (modification) and 664A.8 (extension). 8. AJDEEENDANT WHQ-V1QLATES THIS ORDER FACES IMMEDIATE ARREST. Violation may occur even if the protected party (ies) consent(s) to prohibited contact." Only the court may release defendant from restrictions contained in this order. 9. Except as specifically set out herein, this order shall not be construed as an award of personal or real property to either the defendant or the protected party. [ [ ] ] 10. Bond is set at $_ . is appointed.

11. If checked, defendant qualifies for court-appointed counsel, and attorney

[ \ JX]. [ ]

T n

Defendant was personally served with a copy of this order by the court. e clerk ofeourt shall provide copies of this order to the protected party^ounty attorney, defendant, counsel of record (if any) and the S ^ ^ T ^ ' Countv Sheriff as required by lowa Code sections 236.5(5) and 664A.4. The County Sheriff shall serve and return service of this order upon defendant. )

NOTICE: If you have a disability and need assistance to participate in court proceedings, please call the ADA Coordinator at ( If you are hearing-impaired, call Relay lowa TTY at 1-800-735-2942.

Effective date: December 2010

E-FILED 2013 MAY 10 10:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA, PLAINTIFF, VS. ANDREW CHRISTIAN MENKEN , DEFENDANT. 02811 FECR012301 ORDER RE: APPLICATION FOR APPOINTMENT OF 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 financial hardship.

Attorney Chuck Schulte, a contract attorney, is appointed. The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2013 MAY 10 10:02 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012301 Type: Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN ORDER APPOINTING So Ordered

Electronically signed on 2013-05-10 10:02:25

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IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, CRIMINAL CAUSE NO. FECR012301 Plaintiff, vs. TRIAL INFORMATION ANDREW CHRISTIAN MENKEN, DOB: 07/28/1976 Defendant. COUNT 1 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, Andrew Menken (defendant) of the crime of CONSPIRACY TO COMMIT EXTORTION / NON-FORCIBLE FELONY, a Class D Felony in violation of Iowa Code Section 706.1 and Section 706.3 committed as follows: On or about March 25, 2013, defendant agreed with Jason Heffelmeier and / or Elizabeth Ann Aschinger that one or more of them would commit extortion and / or theft, or solicit another to commit extortion and / or theft, or attempt to commit extortion and / or theft, and the defendant entered into the agreement with the intent to promote or facilitate extortion and / or theft, and the defendant, and / or Elizabeth Ann Aschinger and / or Jason Heffelmeier committed an overt act, which was done in Sac County and / or began in another county and continued through and / or ended in Sac County. Further, neither the defendant, Jason Heffelmeier, nor Elizabeth Ann Aschinger were law enforcement agents investigating the criminal charges herein or assisting law enforcement agents in the investigation of the same when the conspiracy began. IOWA CODE 706.1, 706.3 (2013)

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, Andrew Christian Menken (defendant) of the crime of EXTORTION, a Class D Felony in violation of Iowa Code Section 711.4 committed as follows: On or about between April 8, 2013, and April 13, 2013, the defendant, either directly or in the course of knowingly aiding and abetting Jason Heffelmeir and / or Elizabeth Aschinger, threatened Randy Aschinger, a Sac County, Iowa resident, telling Randy Aschinger he would disclose personal information concerning Randy Aschinger, which would expose Randy Aschinger to hatred, contempt, and / or ridicule if disclosed to another, unless Randy Aschinger paid defendant $55,555.00 (property). The defendant intended to communicate these threats towards Randy Aschinger and Randy Aschinger received these threats while physically present in Sac County, Iowa. The threats were made for the purpose of obtaining something of value for the defendant or other person. IOWA CODE 711.4, 703.1 (2013)

COUNT 3 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, Andrew Christian Menken (defendant) of the crime of THEFT IN THE SECOND DEGREE, a Class D Felony in violation of Iowa Code Section 714.1(1) and Section 714.2(2) committed as follows: On or about April 13, 2013, the defendant, either directly or in the course of knowingly aiding and abetting Jason Heffelmeir and / or Elizabeth Aschinger, took control of approximately $3,000.00 in the possession of / belonging to Randy Aschinger. The defendant did so with the intent to deprive Randy Aschinger of the approximate $3,000.00. The $3,000.00 was in Sac County and belonged to and / or was in the possession of Randy Aschinger at the time defendant exercised control over it. IOWA CODE 714.1(1), 703.1 (2013) A TRUE INFORMATION /s/Benjamin John Smith Prosecuting Attorney Sac County Attorney, Benjamin John Smith AT0008834 Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Fax: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2013 JUN 19 9:41 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012301 Approval of Trial Information Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered

Electronically signed on 2013-06-19 09:41:57

page 3 of 3

E-FILED 2013 JUN 19 9:41 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY CRIMINAL NO. FECR012301 STATE OF IOWA, Plaintiff, ORDER SET ARRAIGNMENT AND APROVE BOND VS. ANDREW CHRISTIAN MENKEN, Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter have been examined and found to contain sufficient evidence, if unex lained, to !arrant a conviction in a trial b" #ur", therefore, this matter shall be set for Arrai$nment. IT IS ORDERED, the Defendant shall ersonall" a ear for Arra !"#$"% at the Sac %ount" %ourthouse, District %ourtroom, Sac %it", Io!a on the 2"& da" of '()* 2013 at +,00 a.#.. The Defendant is advised that failure to a ear !ill result in the issuance of an arrest !arrant. IT IS FURTHER ORDERED, the Defendant&s bond and conditions for release from custod" in this matter shall be' Defendant is released on ersonal reco$ni(ance. )ond is set in the amount of *++++++++++++++++. )ond ma" be unsecured. )ond must be cash or secured in the amount of the )ond. ,-. cash ma" be osted. B-"& .r$/ -(0)* 0$% 01a)) 2-"% "($. %ler/ of %ourt shall issue a summons for Defendant to A ear. %ler/ of %ourt shall issue an arrest !arrant. O%1$r C-"& % -"0 -3 R$)$a0$, D$3$"&a"% 01a)) -4$* a)) F$&$ra), S%a%$, a"& L-2a) )a50. The 0o %ontact Order issued on 1a" 2, 3-,4 shall remain in full force and effect. The Defendant shall be on re5trial su ervision to the Second 6udicial District De artment of %orrectional Services. Other'

State of Iowa Courts Type: Case Number FECR012301 ORDER FOR ARRAIGNMENT Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN So Ordered

Electronically signed on 2013-06-19 09:41:58

page 2 of 2

E-FILED 2013 JUL 01 2:28 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISRICT COI.'RTFOR SAC COUNTY STATEOF IOWA,

)

) )
)

NO. FECR0l230r CRTMINAL WRITTENARRAIGNMENT, PLEA OFNOT GUILTY

Vs. ANDREWCHRISTIANMENKEN Defendant

)
) )

Date Trial Information filed: 06l19l13

criminal caseand under oath states: COMES NOW the Defendantin the above-captioned and phonenumberare by Attorney CharlesA. Schulte,whoseaddress 1. I am represented (712) 662-4715. 421MainSt.,PO Box 392,SacCity, IA. 50583; andphonenumberare424 S. Walnut St., address 2. My currentmailing and residence My dateof birth is 07-28is: (319) 404-5948. IA 51401. My phonenumber Carroll, and have completedthe following the English language 1976. I can read and understand 12 Years. level of education: that I have a right to arraignment 4. I havebeenadvisedby my attorneyand understand in openCourt, and I voluntarily waive that right, choosinginsteadto sign this Written that times for further proceedings Arraignmentand Plea of Not Guilty. I understand will be computedfrom the dateof which are computedfrom the dateof arraignment filing this Written Arraignment and Pleaof Not Guilty. me with the crime of which charges a copy of the Trial Information 5. I havereceived COUNT I: CONSPIRACY TO COMMIT EXTORTION/NON-FORCIBLE FELONY in violation of lowa Code Section706.1and 706.3;COUNT II: EXTORTION in violation of Iowa Code Section711.4;COUNT III: THEFT IN THE SECOND DEGREE, in violation of Iowa Code Section714.1(l) and7142(2). 6. With regardto the name by which I am chargedin the Trial Information (either check "a" or checkan{ complete"b"): ./ .a (V7a. The name on the Trial Informationis my true name. I have beenadvised that I am now precludedfrom objectingto the Trial Information upon the and understand groundthat I am improperly named. ( )b. The name shown on the Trial Information is not my ttue name. My true nameis. I requestthat an entry be madein the minutesshowingmy true name. I have will be had againstme by that name, further proceedings beenadvisedand understand the Trial Information will be amendedaccordingly,and when the Trial Information is so I will be precludedfrom objectingupon the groundsI am improperly named. amended,

E-FILED 2013 JUL 01 2:28 PM SAC - CLERK OF DISTRICT COURT

that I may plead guilty, not guilty or former 7. I havebeenadvisedand understand convictionor acquittal. I have had sufficienttime to discussmy casewith 8. For the purposeof this arraignment, my attorney,and I waive any further time in which to entera plea. 5 above. in paragraph 9. I pleadNOT GUILTY to the charges of the that I havea right underRule 2.33(2)(b) 10. I havebeenadvisedand understand Iowa Rulesof Criminal Procedureto atrial within ninety days/oneyear after the filing of the Trial Informationand (checkeither"a" or "b"): \ - / _ . ()ft I demandspeedytrial pursuantto Rule 2.33(2)(b)and (c). \ trial pursuantto Rule 2.33(2)(b)and (c). ( ) b I waive my right to a speedy 1l. I requestthat a trial date be set pursuantto Rule 8.1 of the Iowa RulesofCriminal Procedure. My attorneyand I will be availablefor trial on the following days:Any

Time.

Def'endant Original to be filed with Clerk of Court Copy provided to: Sac County Attorney PO Box 92 SacCitv.IA 50583

E-FILED 2013 JUL 02 9:44 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. ANDREW CHRISTIAN MENKEN , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on July 1, 2013. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant demands the right to speedy trial. 4. Defendant is represented by Charles Schulte. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on August 28, 2013 at 9 a.m. IT IS FURTHER ORDERED that a pretrial conference is scheduled on August 13, 2013, at 9:00 a.m. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.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 for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
1 of 3

Case No. 02811 FECR012301

ORDER FOR TRIAL

E-FILED 2013 JUL 02 9:44 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY

2 of 3

E-FILED 2013 JUL 02 9:44 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012301 Type: Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN ORDER SETTING TRIAL So Ordered

Electronically signed on 2013-07-02 09:44:25

3 of 3

E-FILED 2013 AUG 13 4:56 PM SAC - CLERK OF DISTRICT COURT

FORSACCOLINTY COUITT IN ]'HE IOWA DISTRICT TI]E STATI]OF IOWA. Plaintiff. MENKEN CHRISTIAN ANDREW
Defendant.

N O .F E C R 0 l 2 3 0 1 WAIVEROF RIGHTTO 1I{IAL SPEEDY

as follows: llutchinson.and states Andrew Eugene Comesnou'1hedefendant, to a ofthe UnitedStatcs that he hasa right b-vvirtue ol-theConstitulion 1. Ile realizes speed)trial; trial by virtueof lowa Rule of Criminal he hasa right to a speedy 2. He realizcs u'hich states: 2.33(2)(b) Procedure "If a def-endant indicted lbr a public olfensehas not n'aivcd his or her trial, he or shemusl be broughtto trial rvithinnincty right to a speedy daysafterindictmentis lbund or the couft mustorderthc indictmer.rt bc shown." good cause to tllc contrar,v unless to be dismissed Attorney'sInfbrmation to a Count"Y He is alsoawareof the lact that this rule is applicable runsfiom the filing datethereof. andthat the ninetyda1'period trial underIowa Rulc of Criminal that hc hasa right to a speedy 3. He furtherrealizcs rvhichstates: 2.33(2)(b) Procedure "All criminalcases must be broughtto trial within one yearafterthe defendat's is granted by the courl,upona pursuant to rule 2.8 unlcssan extension initial arraignment showingof good cause." thereofby trial andthe ramifications i. He hasbeenfirlly adviscdofhis rightsto a speedy of lade ivith the passage the lact that the memoryof witnesscs inclr-rding his attorney. the inpair q'itnesses delay may that unavailablc; or become may disappear time: that duringthe v",ith suspicion view him may that the communit,v defense; of his cl'fectiveness that he endeavors; and social ofthe actiontherebyaftectinghis occupational pet]dency to and that he is or can be subiected prolongcdanxietyand concern will haveto endure and considerations. lactors all ofthesc pendingtrial, and taking into account incarceration trial rightsat this timc and he it to be in his bcst intelestto waive his speedy hc deems and IRCP 2.33(b)and does 2.33(a) waive thc sameboth as to IRCP hereb-v doestherefore fbr trial by be schedr-rled as it r.nay until suchdates that the trial may be postponed consent upon this waiver n'ithdrar.v subsequently the right to the coufi. The defendantreserves ."vritten of lowa. noticethereofto the court and the State

E-FILED 2013 AUG 13 4:56 PM SAC - CLERK OF DISTRICT COURT

this Signed
/'/ ,/ .. ,./ ., ,/4/-/_.r,,r,/,/ ,/, 't<L llelcndanl

\
Attornev lbr the defendant

Attornel Copyto: Cor"rnty

E-FILED 2013 NOV 21 3:03 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. IT IS HERE&Y ORDERED t'at t'e P(et(ial Confe(en)e i* *)'ed+led fo( ,an+a(!#, " !#, at ./ a.0. at t'e Sa) Co+nt- Co+(t'o+*e, Sa) Cit-, Io1a, and t'e T(ial i* (e*)'ed+led fo( ,an+a(- "2, " !#, at ./ a.0. Defendant )on*ent* to t'e ne1 date*. T'e defendant i* NOTIFIED if 'e fail* to a33ea( 4efo(e t'i* Co+(t a* o(de(ed, a 1a((ant 0a- i**+e fo( 'i* a((e*t. ORDER RESCHEDU$IN% PRETRIA$ CONFERENCE AND TRIA$ CASE No. FECR !"# !

E-FILED 2013 NOV 21 3:03 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012301 OTHER ORDER Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN So Ordered

Electronically signed on 2013-11-21 15:03:21

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E-FILED 2013 NOV 21 3:03 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. IT IS HERE&Y ORDERED t'at t'e P(et(ial Confe(en)e i* *)'ed+led fo( ,an+a(!#, " !#, at ./ a.0. at t'e Sa) Co+nt- Co+(t'o+*e, Sa) Cit-, Io1a, and t'e T(ial i* (e*)'ed+led fo( ,an+a(- "2, " !#, at ./ a.0. Defendant )on*ent* to t'e ne1 date*. T'e defendant i* NOTIFIED if 'e fail* to a33ea( 4efo(e t'i* Co+(t a* o(de(ed, a 1a((ant 0a- i**+e fo( 'i* a((e*t. ORDER RESCHEDU$IN% PRETRIA$ CONFERENCE AND TRIA$ CASE No. FECR !"# !

E-FILED 2013 NOV 21 3:03 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012301 OTHER ORDER Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN So Ordered

Electronically signed on 2013-11-21 15:03:21

page 2 of 2

E-FILED 2013 NOV 22 8:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ANDREW CHRISTIAN MENKEN, Defendant. IT IS HERE&Y ORDERED t'at t'e P(et(ial Confe(en)e i* *)'ed+led fo( ,an+a(!#, " !., at /0 a.1. at t'e Sa) Co+nt- Co+(t'o+*e, Sa) Cit-, Io2a, and t'e T(ial i* (e*)'ed+led fo( ,an+a(- "3, " !., at /0 a.1. T'e Defendant )on*ent* to t'e ne2 date. T'e defendant i* NOTIFIED if 'e fail* to a44ea( 5efo(e t'i* Co+(t a* o(de(ed, a 2a((ant 1a- i**+e fo( 'i* a((e*t. ORDER RESCHEDU$IN% PRETRIA$ CONFERENCE AND TRIA$ CASE No. FECR !"# !

E-FILED 2013 NOV 22 8:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012301 ORDER SETTING TRIAL Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN So Ordered

Electronically signed on 2013-11-22 08:18:04

page 2 of 2

E-FILED 2013 NOV 22 8:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ANDREW CHRISTIAN MENKEN, Defendant. IT IS HERE&Y ORDERED t'at t'e P(et(ial Confe(en)e i* *)'ed+led fo( ,an+a(!#, " !., at /0 a.1. at t'e Sa) Co+nt- Co+(t'o+*e, Sa) Cit-, Io2a, and t'e T(ial i* (e*)'ed+led fo( ,an+a(- "3, " !., at /0 a.1. T'e Defendant )on*ent* to t'e ne2 date. T'e defendant i* NOTIFIED if 'e fail* to a44ea( 5efo(e t'i* Co+(t a* o(de(ed, a 2a((ant 1a- i**+e fo( 'i* a((e*t. ORDER RESCHEDU$IN% PRETRIA$ CONFERENCE AND TRIA$ CASE No. FECR !"# !

E-FILED 2013 NOV 22 8:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012301 ORDER SETTING TRIAL Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN So Ordered

Electronically signed on 2013-11-22 08:18:04

page 2 of 2

E-FILED 2013 NOV 22 8:18 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. ANDREW CHRISTIAN MENKEN, Defendant. IT IS HERE&Y ORDERED t'at t'e P(et(ial Confe(en)e i* *)'ed+led fo( ,an+a(!#, " !., at /0 a.1. at t'e Sa) Co+nt- Co+(t'o+*e, Sa) Cit-, Io2a, and t'e T(ial i* (e*)'ed+led fo( ,an+a(- "3, " !., at /0 a.1. T'e Defendant )on*ent* to t'e ne2 date. T'e defendant i* NOTIFIED if 'e fail* to a44ea( 5efo(e t'i* Co+(t a* o(de(ed, a 2a((ant 1a- i**+e fo( 'i* a((e*t. ORDER RESCHEDU$IN% PRETRIA$ CONFERENCE AND TRIA$ CASE No. FECR !"# !

E-FILED 2013 NOV 22 8:18 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012301 ORDER SETTING TRIAL Case Title STATE OF IOWA VS. ANDREW CHRISTIAN MENKEN So Ordered

Electronically signed on 2013-11-22 08:18:04

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