Ellefson

An Anamosa State Penitentiary inmate and his attorney were in Marshall County District Court Wednesday alleging malicious prosecution and other misconduct stemming from a 2008 sexual assault case.

Arzel Jones was convicted in Marshall County District Court in 2008 by Judge Michael Moon on several felony counts including domestic abuse, kidnapping and sexual abuse in the second degree. He was represented by attorney Christopher Clausen of Ames.

The two presented evidence in their post-conviction relief application to Judge James Ellefson. Jones demands Ellefson reverse and dismiss the 2008 conviction against him or remand his case for retrial in Marshall County.

Representing the state which disputes Jones’ allegations was Assistant Marshall County Attorney Sarah Tupper.

Key developments during Wednesday’s proceedings were:

• Jones alleged former Assistant Marshall County Attorney Suzanne Lampkin, who prosecuted the 2008 case, coerced damaging testimony from authorities against him and added additional charges without justification. She later resigned from the County Attorney’s office and was last known to be residing in Washington state. Jones and Clausen claimed Lampkin’s testimony is “integral” to their case and requested Lampkin be subpoenaed to testify. Ellefson will rule on that request, and others by Jones and Clausen later.

• Jones alleged Marshalltown Police Department personnel moved evidence in his apartment after the 2008 incident to justify his arrest and add more serious charges against him.

• Jones alleged Marshall County District Court Judge Kim Riley gave a Marshalltown police office a signed blank arrest warrant allowing the officer to later log in evidence seized at his apartment.

• Jones alleged public defenders and investigators assigned to his original case were ineffective, which resulted in his conviction.

• Riley was called to testify and through questioning by Clausen, rebutted allegation she gave a blank and signed arrest warrant to an officer.

• Retired police officer Ron Goecke, who was in Jones’ apartment after the incident as Crime Scene Processing Custodian, testified he took numerous photos of items in the apartment. Jones and Clausen claimed there was a 45-minute gap between one group of photos taken and then a second set.

The photos were presented as the only physical evidence during the 2008 bench trial. Jones and Clausen claimed the photos were critical in Jones’ conviction.

As his next-to-last official action of the day, Ellefson allowed Jones’ request that physical evidence taken from his apartment in 2008, and in MPD custody, be brought to the Marshall County Jail for their inspection Wednesday night.

Tupper said the MPD’s Courtney Watson, and Marshall County Sheriff’s office deputies would be present to maintain the “chain of custody” of evidence during the examination.

Ellefson adjourned Wednesday’s six-hour proceedings shortly after 4:30 p.m. The hearing will resume 9 a.m. Thursday, with one more day of testimony possible.

——

Contact Mike Donahey at 641-753-6611 or mdonahey@timesrepublican.com