The legislation, which would set minimum pay and benefit standards for workers of public projects, failed to gain passage in 2009 despite House Speaker Pat Murphy, D-Dubuque, keeping the chamber in session throughout a weekend and voting machines open for nearly 70 hours in order to attempt to persuade a “no” vote to change their mind.

Culver told the Gazette legislators should “push forward” on the bill. House Labor Committee Chairman Rick Olson, D-Des Moines, said he has drafted a compromise bill that could be easier to pass this year.

“It’s what you might call a softer bill,” Olson said, explaining it would require the state, regents and community colleges to pay prevailing wage on projects of $100,000 or more. However, local government – cities, counties and school districts – could opt-out of paying prevailing wage on a project-by-project basis, Olson said.

The changes were made to appeal to the “six pack” of conservative Democrats who typically do not support labor legislation — Reps. McKinley Bailey, Geri Huser, Doris Kelley, Larry Marek, Dolores Mertz and Brian Quirk. Democrats hold a 56-44 majority in the House, meaning at least one of the six has to be persuaded to support labor measures in order to win passage.

But it’s still a good day for organized labor.

U.S. Rep. Bruce Braley gets a new Republican challenger.

Iowa Democrats beat out GOP in fundraising, registered voters.

Alcohol laws lead to bad local policy.

Liberal blogger asks, “Is Chuck Grassley an embarrassment to Iowa?“

During the first half of 2009, there were 70 HIV diagnoses — 17 more than the average for the first halves of the years from 2004 to 2008. In addition, AIDS diagnoses in the first half of the year numbered 46, which is seven more than the average from the previous five years.

Jerry Harms, HIV/AIDS surveillance coordinator, was quick to remind state officials in a memo that because the state has a small percentage of population living with HIV and/or AIDS, such increases can disproportionately impact percentages in the reporting. A more complete picture, however, should be available in March when the state is scheduled to release full surveillance statistics for 2009.

As of June 30, 2009, a total of 2,147 people were believed to be living with HIV or AIDS resided in Iowa. HIV/AIDS advocates warn that these surveillance figures do not adequately represent true totals since some individuals who have contracted the disease either have yet to be tested or are avoiding testing. Also, since the state reporting relies on notifications from health care providers, both in and out of state as individuals move, the data might not always been 100 percent accurate.

Among those newly diagnosed with HIV during the first half of 2009 were two children, who acquired the virus perinatally. One child, an infant whose mother was diagnosed with HIV prior to pregnancy, was infected due to apparent failure of prenatal care, according to Harms. Little is known in relation to the other child, who was born outside of Iowa.

The largest concentrations of individuals living with HIV or AIDS remain near Iowa’s population centers. Polk County, home to Des Moines, has the largest total number reported with 602 residents. Scott County, the location of Davenport and Bettendorf, is second highest with 199. Other counties with totals above 100 are Linn County (Cedar Rapids) and Johnson County (Iowa City). Only 8 of Iowa’s 99 counties did not have a person living with HIV or AIDS as of June 30.

The large percentage jump in cases comes as little surprise to those tasked with administering the states’ allotments through the Ryan White Care Act. In September, The Iowa Independent reported that eight predominantly rural states had waiting lists associated with a prescription program for those living with HIV and AIDS, and how the need was due to both increasing diagnoses and current economic realities.

Scott Roeder (mugshot)

Leach, who publishes a newsletter that advocates the doctrine of justifiable homicide in the case of abortion doctors, drafted a legal brief for Roeder arguing that the murder was permissible because it stopped the greater harm of Tiller performing abortions. In order to use the defense, last month Roeder confessed to the Associated Press that he gunned down Tiller.

Leach hoped that by Roeder stipulating the facts of the case and ultimately admitting he committed the crime that the judge would have no choice but to allow the defense, setting a legal precedent that could be used in future trials of abortion activists. He also saw this trial as a “opportunity, through education of both the public and the courts, to end abortion.”

Judges across the country have uniformly rejected that argument. Des Moines attorney Mike Falkstrom called the idea of Roeder using the defense “absurd.”

“Given the facts of Dr. Tiller’s murder, this defense is laughable, and Roeder’s attorneys almost certainly know it,” he said in an e-mail to The Iowa Independent.

The necessity defense is only available when the law recognizes the harm the defendant tried to prevent, Falkstrom said. In fact, he points out that the Kansas Supreme Court has already ruled that the harm or evil which a defendant who asserts the necessity defense seeks to prevent must be a legal harm or evil as opposed to a moral or ethical belief of the individual defendant.

“Abortion is legal in the United States, and is a constitutionally protected activity,” Falkstrom said. “There is no legal harm that Roeder’s killing of Dr. Tiller can possibly be seen as preventing, though Roeder and many others have moral or ethical systems that are opposed to abortion.”

To allow people to assert the necessity defense based solely on their moral or ethical beliefs “invites anarchy into our system,” he said.

“Any would-be murderer of an abortion doctor would know he or she would have a chance at acquittal,” he said. “Many who would otherwise be deterred may be willing to take the risk knowing they could plead necessity.”

Roeder was asking the judge to throw out the rule of law, Falkstrom said, and to give him special treatment because he disagrees with the law making abortion legal. The legal maneuver was simply an attempt to “politicize Dr. Tiller’s tragic murder” and turn “a murderer into a martyr.”

Leach told The Iowa Independent Tuesday night that he hasn’t spoken to Roeder in several days, and thus, doesn’t know how he feels about the judge’s decision. He said several months ago Roeder told him that the public defenders were discussing a plan that would result in a shortened jail term. Leach said he believes that defense will be “voluntary manslaughter.”

Leach characterized the defense as “I honestly thought I did right at the time, but I was stupid,” as compared to the necessity defense, which he characterized as “I did right, and reasonable people will agree, who see the evidence I saw.”

The goal of the first is a reduced sentence, he said, since the crime was committed in the heat of passion. The goal of the second is acquittal, because the crime was justified.

Roeder’s trial is scheduled to start next month.

Schulte won the district, which encompasses primarily northeastern Cedar Rapids, by defeating incumbent Democrat Art Staed in 2008 by only 13 votes. According to the Iowa Secretary of State, the district is made up of 7,662 registered Democrats, 6,784 registered Republicans and 8,236 registered independents.

Seidl practices law with his brother and sister in the law firm of Seidl & Chicchelly.

Marijuana (Photo: Wikipedia)

Several states have legalized the use of marijuana for medical purposes, and other states, including Iowa, are considering it.

Prompted by a court decision, the Iowa Pharmacy Board held public hearings on the subject across the state this year, and they could issue a recommendation to the legislature for further action on marijuana policy before the 2010 session begins.

The (Cedar Rapids) Gazette caught up with patients who are using the substance and were willing to speak openly about it, even though their actions could result in criminal charges and even jail time:

“It allows me to get up every day and function as a mother,” said Lisa Jackson, 43, of rural Crawfordsville, who has the long-term pain syndrome fibromyalgia.

[...]

Jackson and Jimmy Morrison, 23, of Muscatine were among those who testified in favor of allowing medical marijuana.

They said they struggle to get out of bed, and smoking marijuana helps.

Morrison said he suffers from anxiety and bipolar disorder and smoking marijuana about three times a day helps him manage his illnesses.

“My productivity has gone up so much, people don’t even know,” Morrison said. “I run a painting business, and I’m a media director at a church,” says Morrison.

Des Moines anti-abortion activist Dave Leach appears in one of a series of Web videos arguing that killing doctors who perform abortions is justified, and that judges should allow the theory to be argued in court.

Leach told the Iowa Independent in an e-mail that he was not expecting to hear a decision from Roeder until Tuesday.

“But right after I got your e-mail he called and confirmed,” Leach said Monday afternoon.

Leach has been advocating to Roeder for months to use the necessity defense, even going so far as to draft a legal brief on his behalf. Roeder is charged with one count of first-degree murder in Tiller’s death and two counts of aggravated assault for threatening two ushers at the church where he shot Tiller on May 31. Roeder has pleaded not guilty and is scheduled to go to trial in January.

Roeder confirmed in an interview with the Associated Press that he murdered Tiller but that it was necessary to stop him from continuing to perform abortions.

By stipulating to the facts of the case, Leach said the judge will have no choice but to allow the jury to hear the necessity defense, which says it is permissible to commit a crime if it stops a greater harm. Legal experts disagree, saying it is unlikely a judge would allow an argument that murder is justified to stop something that is protected by law.

Leach said now that Roeder has made his intentions clear, the public can begin to see how important this case is.

“Now, hopefully, the public can begin to hear about how essential this defense is to the Rule of Law in America,” he said. “Our everyday lives would become insane if the letter of every law were enforced even in situations where that would cause tragedy and death.”

Scott Roeder (mugshot)

In addition to crafting the defense, Leach, who is not an attorney, redrafted a document called “Defensive Action Statement 3^rd Edition,” which states the belief that juries should be allowed to rule on whether Roeder was justified in killing Tiller.

“We further declare that Scott Roeder’s jury, but not his judge, is qualified to weigh the fact question of ‘when life begins,’ which determines whether lethal force is justified to defend the lives of unborn children,” the document states.

The statement is signed by 21 anti-abortion activists, three of whom are serving prison sentences for actions against abortion providers.

Leach publishes a newsletter called “Prayer & Action News,” which advocates the doctrine of justifiable homicide in the case of abortion doctors. Roeder was a contributor to the newsletter. Following Tiller’s murder, Leach’s association with Roeder garnered attention from the national media.

But Leach’s history of anti-abortion activism goes back more than a decade. In the mid-1990s, Leach’s association with the accused killer of a Florida abortion doctor helped persuade U.S. marshals to guard the Planned Parenthood clinic in Des Moines.

In the January 1996 issue, Leach published the Army of God manual, which advocates the killing of the providers of abortion and contains bomb-making instructions. Because of this, he was fired from his job as a writer for an Ankeny newspaper.

In 2002, he tried to air videotape of patients entering a local Planned Parenthood clinic on public-access cable TV. Mediacom Communications Corp. decided it would not allow him to air the footage.

Scott Roeder (mugshot)

Leach has been pressing Roeder for months to use the so-called “necessity defense,” claiming even if he is found guilty it would open the door for future use of the legal maneuver to defend actions against abortion providers. In August, Leach drafted a legal brief for Roeder using that argument, which says a crime may be permissible if it is committed in order to avoid a much greater harm.

Leach produced a series of videos explaining why he believes the necessity defense is so important. The videos feature two young girls, surrounded by stuffed animals and pretending to be reporters, interviewing Leach about whether a “pro-lifer can shoot an abortionist and still get a trial of the only contested issue in the case by jury.” Leach’s hope is that by confessing to the all the facts of the case, including the murder itself, the judge will be forced to allow the jury to hear arguments on the necessity defense.

Leach even organized an online auction with the goal of hiring an attorney willing to argue that defense.

Judges across the country have uniformly rejected that argument, saying that since abortion is legal it is protected by law. Margaret Raymond, a law professor at the University of Iowa who previously practiced as a criminal defense attorney, told the Iowa Independent in August that the likelihood of a judge allowing this defense quite small.

“Typically, you don’t get to use that defense in murder cases,” she said at the time. “The problem with a necessity defense in this case is that it is hard to say that something that the law permits is an act that must be prohibited at the cost of death.”

Raymond says the argument could prove problematic for Roeder, since it involves confessing to a crime.

Leach could not be reached for comment.

Scott Roeder (mugshot)

Leach publishes a newsletter called “Prayer & Action News,” which advocates the doctrine of justifiable homicide in the case of abortion doctors. The man accused of murdering Tiller, Scott Roeder, was a contributor to the publication. Leach and several other anti-abortion activists want to hire a private attorney in order to pursue a “necessity defense” for Roeder, which in general terms says that it’s OK to commit a crime in order to avoid a much greater harm.

In an exclusive interview with The Iowa Independent in August, Leach said he had drafted a legal brief on Roeder’s behalf using the “necessity defense.” Leach’s argument is that Tiller’s murder stopped an untold number of abortions.

Now Leach is organizing an online auction of items on eBay to raise money, an effort that launched Sunday night. The items include several graphic drawings done by a fellow inmate and signed by Roeder. A spokesman for eBay initially told the Kansas City Star that while the company does not oppose all listings that raise money for legal defense funds, “our policy does not permit listings that benefit someone charged with or convicted of a crime.”

The company has since announced that it will remove the items it deems violate the site’s listing policy, however several items are still available, such as a Bible once owned by an Oregon woman who shot and wounded Tiller in 1993.

Leach did not respond to a request for comment by the Iowa Independent.

Since Tiller’s murder, Leach has garnered a lot of media attention, both for his ties to Roeder and for his controversial statements regarding acts of violence against abortion providers. Shortly after Roeder’s arrest, Leach told The Iowa Independent that when human law conflicts with God’s Laws, “we ought to obey God rather than man.” He later told The Des Moines Register that he is personally no danger to abortion providers because he doesn’t know enough about guns to do any harm.

In the mid-1990s, Leach’s association with the accused killer of a Florida abortion doctor helped persuade U.S. marshals to guard the Planned Parenthood clinic in Des Moines.

In the January 1996 issue of his newsletter, Leach published the Army of God manual, which advocates the killing of the providers of abortion and contains bomb-making instructions. Because of this, he was fired from his job as a writer for an Ankeny newspaper.

In 2002, he tried to air videotape of patients entering a local Planned Parenthood clinic on public-access cable TV. Mediacom Communications Corp. decided it would not allow him to air the footage.

The Sept. 15 memo, authored by three key officials within U.S. Citizenship and Immigration Services, instructs all agency officers “to hold in abeyance any waiver application and associated benefit request (such as adjustment of status or refugee), which would be denied under current law, if the only ground of inadmissibility is that the applicant has been diagnosed with HIV infection.”

The move to end the 22-year ban on HIV positive immigrants began in August 2008 when Pres. George W. Bush signed the reauthorization of a law that allowed the Department of Health and Human Services to consider removing HIV infection from the list of “communicable diseases of public health significance” that bar immigrants from entering the country. In July the agency published a proposed amendment to that effect and began accepting public comment on the rule change. There are currently 12 countries that prohibit entry of HIV-positive immigrants — Armenia, Brunei, Iraq, Libya, Moldova, Oman, Qatar, Russia, Saudi Arabia, South Korea, Sudan and the U.S.

In light of the HHS proposed rule, USCIS will not deny any adjustment, refugee, or other benefit application if the sole ground of denial of the application would be based on inadmissibility due to HIV infection. Nor will USCIS deny any waiver application if the sole ground of inadmissibility is HIV infection. If the applicant’s sole ground of inadmissibility is HIV infection, and the officer finds either that the alien does not qualify for a waiver, or that a waiver is not warranted as a matter of discretion, all written decisions should state that the case will be placed on hold and automatically reexamined by USCIS, pending the outcome of the rule. The hold is only for cases where the application would be approved, but for the HIV infection.

The memo prepares workers within the agency for a repeal (if only interim) of the HIV infection ban, which is a significant shift in immigration policy. The decision on the proposed rule is expected within the next few weeks.

More than 1.1 million people in the U.S. are infected with HIV, and more than 250,000 are estimated to unknowingly have the disease. Although the number of people living with HIV/AIDS in Iowa remains relatively low when compared to other states — as of Dec. 31, 2008, there were 2,045 such people in the state — Iowa has seen increasing numbers each year since statistics have been kept. In addition, the state estimates that there are an additional 500 to 625 individuals in the state who have the virus but are unaware of their status.

Although a diagnosis of HIV was initially considered a death sentence, the disease has become a manageable, chronic condition that can be controlled with medications.