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By Charlie Warner
Argus News Editor
Almost three years to the day he was charged with third and fourth
degree criminal sexual conduct, a Houston County District Court jury
found Charles R. Nierling, 33, of Des Moines, Iowa,
not guilty. According to Houston County Attorney Rick Jackson, Nierling
was found not guilty of third degree sexual conduct and the fourth
degree charge was dropped when the jury could not make a decision on
that charge.
Nierling was charged May 18, 2005 of assaulting a woman at her
boyfriend’s house in Eitzen in the early morning hours of May 17.
According to court documents, Nierling met the woman at a bar in Eitzen
on May 17, 2005. He allegedly told her that he did not have a place to
stay, so she invited him to her house to sleep on the couch.
She said Nierling assaulted her and she went into the bathroom and
called her boyfriend’s brother for help. He called 911. Deputy Luke
Sass arrived shortly after the alleged assault. She told the deputy
repeatedly that she didn’t want sexual contact with Nierling, the
complaint stated.
Third District Judge James Fabian set unconditional bail at $20,000 and conditional bail at $5,000.
Third degree criminal sexual conduct carries a maximum penalty of 15
years in prison and a $30,000 fine. Fourth degree criminal sexual
conduct carries a maximum penalty of 10 years in prison and a $20,000
fine.
The case went to trial the second week in May of this year, and the jury rendered its decision Friday, May 16.
When asked why it took three full years to bring the case to trial,
Jackson explained there were a number of issues that delayed it.
Nierling posted bail, so he wasn’t incarcerated for the past three
years. The first public defender appointed to him retired partway into
the judicial proceedings, so a new public defender had to be appointed
and had to be brought up to speed. One of the state’s witnesses had
health issues, which delayed the process even more.
“A defendant has the right to a speedy trial,” Jackson said. “And a
defendant can demand it. If a request for a speedy trial is made, it
must be carried out, unless there are mitigating circumstances, within
60 days.”
According to Jackson, Nierling did not make this request, and because
he had posted bail and was not incarcerated, other cases, where persons
charged were in jail, were moved ahead of Nierling’s case.
Jackson added, however, it is rare to have this much time elapse between a person being charged and going to trial.
You can contact Charlie Warner at
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