GUILTY IA - Ackley couple arrested for locking 9 year old child under stairs & deprived food, July 2018

What's it say??!! No access here... :(

I see trial has ended from the short clip I got in google alert!!! Can't see any of those articles either.

HELP!! @JerseyGirl since you posted the article! :D
 
Here's the content of that article that Jerseygirl posted, Niner!

RBBM:



ELDORA — Prosecutors allege an Ackley woman tried to drive her fiance’s 8-year-old son out of their house by withholding food, barring him from the bathroom and making him sleep in a locked space.

“Her specific intent was to break this kid,” said Assistant Iowa Attorney General Laura Roan.

Roan said Traci Lynn Tyler, 40, wanted the child out of the house and misled care workers to make the third-grader appear to be a “nutcase.”

“We never know what’s really happening behind closed doors. Traci Tyler, the accused, waged a campaign of misinformation aimed at convincing anyone who would listen that (the boy) was deranged, uncontrollable and a defiant little boy,” Roan told the court Wednesday as evidence in Tyler’s bench trial wrapped up.

Roan glared at Tyler during her closing arguments. Tyler didn’t back down, meeting Roan’s gaze.

Tyler, 40, is charged with first-degree kidnapping, a charge that carries a life sentence upon conviction. She waived her right to a jury trial, instead allowing District Court Judge James Ellefson to deliver a verdict.

The boy’s father, Alex Shadlow, also is charged. His trial will be at a later date.

Authorities allege the two made the boy sleep in a locked room behind the basement stairs and withheld food. Iowa Department of Human Services workers and law enforcement intervened in September 2017.

The boy was “confined like a monster, like a dog,” Roan said, “worse than a dog in that house.”

Roan said Tyler concocted a story the boy had behavioral issues at home and problems at school. But Roan said Tyler knew what she was doing to the child was wrong because she didn’t tell Department of Human Service workers or counselors about the confinement until after the boy confided in a teacher.

Tyler also began dismantling the basement enclosure after a DHS worker saw it and tried to shift blame to the boy’s father, Roan said.

The defense didn’t present any witnesses during trial, instead relying on cross-examination of the state’s witnesses.

Defense attorney Ted Fisher said Tyler’s conduct didn’t rise to the level of a crime.

“We’re not suggesting that putting a kid under the stair enclosure is good parenting ... but parents do have the right to inflict corporal punishment,” Fisher said.

Fisher said while school officials hadn’t documented playground fights involving the child, there was evidence through other witnesses they happened. He noted Tyler and Shadlow had sought help earlier.

“We know from the evidence that starting in May, the family was doing a lot to deal with the behavioral issues. They went to a counselor, they eventually went to a psychiatrist,” Fisher said.

“We know there were issues with him urinating and smearing feces on things,” he said.

During closings, the two sides offered their interpretations of a seven-minute video showing the boy standing in the dining room and screaming and shuffling his feet while apparently needing to go to the bathroom.

The defense noted Tyler told officials the boy often held in his urine and refused to go to the bathroom, and Fisher said there was no evidence on the video she was preventing him from going.

The state said Tyler, who apparently filmed the video with her cellphone, wouldn’t let the boy use the restroom. Roan said the boy glanced toward Tyler in the video as if pleading with his eyes for permission.

The boy wasn’t questioned about the video — and four similar but shorter videos — when he took the stand.

Judge Ellefson took the case under advisement at the close of Wednesday’s proceedings and allowed the parties until Feb. 27 to file briefs and further written arguments. He will issue a ruling at a later date.

The defense waived a reading of the verdict in court.

Earlier Wednesday, prosecutors showed photos of marks medical officials found on the boy after he was removed from the home in 2017.

The boy had identified one of the marks, a U- or loop-shaped lesion on a buttock, as an injury from being spanked with the handle of a flyswatter, said Ann Swisher, a pediatric nurse practitioner who works at the UnityPoint-Allen Hospital Child Protection Center in Waterloo.

Swisher said the boy told her Shadlow and Tyler had struck him.

Swisher, who examined the child Nov. 6, 2017, said she wasn’t sure how other marks on the boy occurred and didn’t know when the were inflicted. She said they were in the process of healing.

She testified the boy told her he slept in a closet-sized room in the basement with no pillow or bed. He told her it was dark. To use the bathroom, the boy would bang on the door to be let out, he told her.

Swisher said he told her about an accident he had once because they didn’t hear him banging.

According to her account, the boy said he didn’t get breakfast before school and didn’t always get to eat lunch, which made him feel like he was starving to death.
 
97x32px-LL-40ad66f8_thanx.gif
a bunch Kavya!!
 
Okay - here's what I got...

Wednesday, Feb. 13th:
*Trial Continues (Day 6) (@ 9am CT) – IA – E.S. (boy, 8/9 yrs) (July 17, 2018, Ackley) – only for *Traci Lynn Tyler (39) arrested & charged (7/17/18) with 1st degree kidnapping & torture. Plead not guilty. $500K cash only bond.
*Hardin County moved to Cerro Gordo County
Trial started 2/5/19. If convicted of first-degree kidnapping, a class A felony, Tyler would face a sentence of life in prison without the possibility of parole. She declined a discussed deal from prosecutors in which she would have pleaded guilty to child endangerment and third-degree kidnapping, which would have carried a 50-year sentence.

2/4/19 Update: The State's renewed motion for protective order for closed circuit trial testimony of a minor is again denied. Exhibits entered.
2/5/19 Day 1: Proposed transcript of defendant's audio interview. Opening Statements. Opening Statements. State witnesses: Susan Brandt, the boy's second-grade teacher. Cam Schipper, 3rd grad teacher. Principal Teresa Keninger. DHS's child protective worker who responded to the home, Carol Allen. Penny Osborn, a physician's assistant. Ackley Police Chief Brian Shimon. Trial continues on 2/6.
2/6/19 Day 2: State witness: Boy (E.S.).
2/7/19 Day 3: State witness: Boy (E.S.).
2/8/19 Day 4: State witnesses: Iowa DCI Agent Jim Thiele. Prosecutors showed seven minute video, the child screamed in pain while holding his groin area, according to the cellphone video shown in court on Friday. He shuffled around, bent himself over, and cried out while someone continued to record the agonizing incident. Anthony Miller, Tyler's former employer. Trial resumes on Tuesday, 2/12.
2/12/19 Day 5: State witnesses: State witness: Ann Swisher, a pediatric nurse practitioner who works at the UnityPoint-Allen Hospital Child Protection Center in Waterloo. Prosecutors rest. The defense didn’t present any witnesses during trial, instead relying on cross-examination of the state’s witnesses. Defense rests. Trial continues to 2/13.
2/13/19 Day 6: Closing arguments. She waived her right to a jury trial, instead allowing District Court Judge James Ellefson to deliver a verdict. Judge Ellefson took the case under advisement at the close of Wednesday’s proceedings and allowed the parties until Feb. 27 to file briefs and further written arguments. He will issue a ruling at a later date. The defense waived a reading of the verdict in court.
*Alex Craig Shadlow (30) “dad” arrested & charged (7/17/18) with 1st degree kidnapping & torture. Plead not guilty. $500K cash only or surety bond.
*Hardin County moved to Dickson County
7/30/18: Detention hearing. 8/2: Motion for Bond Review hearing. 8/13: Arraignment. A potential life sentence in prison if convicted. Next Pretrial hearing on 9/10, trial starts 9/11/18. Trial probably delayed due to motion filed to sever trial on 8/27/18.
8/27/18 Update: Motion to sever trial hearing set for 9/24.
9/10/18 Update: Motion for continuance of trial (was to start 9/11/18 for both), & change of venue. 9/11/18 Update: Motion to continue trial & change of venue granted – from Hardin County to Dickson County for Shadlow. On 10/1/18 set hearing for 10/12.
10/12/18 Update: Motions filed re protective order for closed circuit testimony. Hearing on 10/23. 10/23/18 Update: hearing was cancelled. Motion for Protective Order for Closed Circuit trial testimony of minor set for 10/26.
10/26/18 Update: Motions hearing reset for 12/7. Final pretrial hearing 1/4/19 & trial set for 1/7/19.
1/4/19 Update: Trial has been rescheduled for 6/24/19. Final Pretrial hearing is 6/21/19.

Arrest affidavit says abuse occurred from July-Sept., 2017; was locked in 6’x6’ area under stairs & deprived of food & bathroom for 9 hrs a day where he slept on concrete with no bedding (pillow or blanket). Tyler urged her dog to attack the boy, which left scars on his back & limbs.





Correct me if I'm wrong on Day 5 & 6, please! :)
 
Hideous. I wonder though, if based on the law, that keeping the child locked up under the stairs doesn't rise to criminal kidnapping. I may almost agree to that. It is heinous, but is it illegal?

The abuse is obvious. The woman is delusional if she thinks that she can escape from punishment.

At least they let this child attend school, so he was able to get help. I worry about the ones not allowed to attend school.

I hope that the Father gets more time. He just didn't care. Poor kid.
 
Hideous. I wonder though, if based on the law, that keeping the child locked up under the stairs doesn't rise to criminal kidnapping. I may almost agree to that. It is heinous, but is it illegal?

The abuse is obvious. The woman is delusional if she thinks that she can escape from punishment.

At least they let this child attend school, so he was able to get help. I worry about the ones not allowed to attend school.

I hope that the Father gets more time. He just didn't care. Poor kid.
I’ve wondered myself if this really in a legal sense constitutes kidnapping. I totally agree it’s illegal, but I would think there would be a more appropriate charge to fit the situation.
 
I didn't realize that the Judge will do the verdict & not a jury.
 
I didn't realize that the Judge will do the verdict & not a jury.

Having a bench trial means that the judge looks at the law. Not 12 jurors who would see the obvious, heinous acts on a child.

1. Is it "kidnapping" to put a child in a small room under the stairs? Is it against the law?
2. Does the alleged abuse rise to the charges filed?

There are a lot of "wild" cards here, and after my experience with CPS, can be based on how people were raised, their cultural heritage, beliefs.

At least the child is safe, hopefully.
 
Wednesday, February 27th:
*Deadline to file briefs or arguments Hearing (@ 9am CT) – IA – E.S. (boy, 8/9 yrs) (July 17, 2018, Ackley) – only for *Traci Lynn Tyler (39) arrested & charged (7/17/18) with 1st degree kidnapping & torture. Plead not guilty. $500K cash only bond.
*Hardin County moved to Cerro Gordo County
Trial started 2/5/19. If convicted of first-degree kidnapping, a class A felony, Tyler would face a sentence of life in prison without the possibility of parole. She declined a discussed deal from prosecutors in which she would have pleaded guilty to child endangerment and third-degree kidnapping, which would have carried a 50-year sentence.

Reference Trial days 1 thru 5 - see post #85 - here: IA - Ackley couple arrested for locking 9 year old child under stairs & deprived food, July 2018
2/13/19 Day 6: Closing arguments. She waived her right to a jury trial, instead allowing District Court Judge James Ellefson to deliver a verdict. Judge Ellefson took the case under advisement at the close of Wednesday’s proceedings and allowed the parties until Feb. 27 to file briefs and further written arguments. He will issue a ruling at a later date. The defense waived a reading of the verdict in court.
*Alex Craig Shadlow (30) “dad” arrested & charged (7/17/18) with 1st degree kidnapping & torture. Plead not guilty. $500K cash only or surety bond.
*Hardin County moved to Dickson County
Reference 7/30/18 to 10/26/18 proceedings - see post #85 - here: IA - Ackley couple arrested for locking 9 year old child under stairs & deprived food, July 2018
1/4/19 Update: Trial has been rescheduled for 6/24/19. Final Pretrial hearing is 6/21/19.
Arrest affidavit says abuse occurred from July-Sept., 2017; was locked in 6’x6’ area under stairs & deprived of food & bathroom for 9 hrs a day where he slept on concrete with no bedding (pillow or blanket). Tyler urged her dog to attack the boy, which left scars on his back & limbs.
 
for Tyler on what happened - no future hearing date yet...

Event Filed By Filed Create Date Last Updated Action Date
INDIGENT DEFENSE CLAIM FORM 02/28/2019 02/28/2019 02/28/2019
Comments: expenses-$304.00 CERTIFIED SHORTHAND REPORTER
JOHN MCCARTER CSR-#1361411

NOTICE FISHER TED 02/27/2019 02/28/2019 02/28/2019
Comments: DEFENSE POST TRIAL BRIEF

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm
 
Shadlow kidnapping trial date cancelled

March 5, 2019

"District Court Judge James Ellesfson has cancelled a Dickinson County trial date for the Ackley man accused of keeping his son locked up for more than nine hours a day underneath basement stairs.

Alex Craig Shadlow's trial was moved from Hardin County to Spirit Lake in an effort to find a jury that was less familiar with the first-degree kidnapping case. The trial was scheduled to begin June 24....

Tyler's first-degree kidnapping trial was originally moved to the Cerro Gordo County Courthouse in Mason City, but the case was returned to Eldora when the request for a bench trial was granted. Tyler's case was heard by the judge — instead of a jury — Feb. 5-14. Prosecutors and Tyler's attorney submitted written versions of their closing arguments at the end of February. The judge will consider the post-trial briefs prior to rendering a verdict....

Spirit Lake attorney John L. Sandy is representing Shadlow. He had a scheduling conflict for Shadlow's June 24, court date. Attorneys also want to obtain a transcript of Tyler's trial from Eldora, where her verdict is still pending....."

Shadlow kidnapping trial date cancelled
--------------------------------------------------------------------------------------------------------------------------
 
From the court site.

Shadlow:

Event Filed By Filed Create Date Last Updated Action Date
INDIGENT DEFENSE CLAIM FORM 03/06/2019 03/06/2019 03/06/2019
Comments: atty fees-$7595.00 + $752.81 expenses Sandy #1359406
ORDER FOR TRIAL SCHEDULING CONFERENCE 03/04/2019 03/04/2019
03/04/2019
Comments: SET FOR 3/12/19 @ 10:00 A.M.
OTHER ORDER ELLEFSON JAMES C 03/01/2019 03/01/2019 03/01/2019
Comments: ORDER CANCELLING 6/24/2019 TRIAL
ORDER APPOINTING COUNSEL AT STATE EXPENSE ELLEFSON JAMES C 03/01/2019
03/01/2019 03/01/2019

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm


Nothing new on Tyler's case....
 
Tuesday, March 12th:
*Trial Scheduling Conference Hearing (@ 10am CT) – IA – E.S. (Boy, 8/9 yrs) (July 17, 2018, Ackley) – only for *Alex Craig Shadlow (30) “dad” arrested & charged (7/17/18) & arraigned (8/13/18) with 1st degree kidnapping & torture. Plead not guilty. $500K cash only or surety bond.
*Hardin County moved to Dickson County
7/30/18 Update: Motion for Bond Review hearing on 8/2 & Arraignment on 8/13 for Shadlow, plead not guilty. Pretrial hearing on 9/10, trial starts 9/11/18. Trial probably will delayed due to motion to sever trial on 8/27/18.
8/27/18 Update: Motion to sever trial hearing set for 9/24.
9/10/18 Update: Motion for continuance of trial (was to start 9/11/18 for both), & change of venue. 9/11/18 Update: Motion to continue trial & change of venue granted – from Hardin County to Dickson County for Shadlow. On 10/1/18 set hearing for 10/12.
10/12/18 Update: Motions filed re protective order for closed circuit testimony. Hearing on 10/23. 10/23/18 Update: hearing was cancelled. Motion for Protective Order for Closed Circuit trial testimony of minor set for 10/26.
10/26/18 Update: Motions hearing reset for 12/7. Final pretrial hearing 1/4/19 & trial set for 1/7/19.
1/4/19 Update: Trial has been rescheduled for 6/24/19. Final Pretrial hearing is 6/21/19.
3/8/19 Update: Motion for continuance is granted. Trial has been cancelled. Next Trial Scheduling Conference hearing on 3/12.

*Traci Lynn Tyler (39) arrested & charged (7/17/18) & arraigned (8/13/18) with 1st degree kidnapping & torture. Plead not guilty. $500K cash only bond.
*Hardin County moved to Cerro Gordo County
Trial started 2/5/19. If convicted of first-degree kidnapping, a class A felony, Tyler would face a sentence of life in prison without the possibility of parole. She declined a discussed deal from prosecutors in which she would have pleaded guilty to child endangerment and third-degree kidnapping, which would have carried a 50-year sentence.

Reference Trial days 1 thru 5 - see post #85 - here: IA - Ackley couple arrested for locking 9 year old child under stairs & deprived food, July 2018
2/13/19 Day 6: Closing arguments. She waived her right to a jury trial, instead allowing District Court Judge James Ellefson to deliver a verdict. Judge Ellefson took the case under advisement at the close of Wednesday’s proceedings and allowed the parties until Feb. 27 to file briefs and further written arguments. He will issue a ruling at a later date. The defense waived a reading of the verdict in court. No update as of 3/12
 
Friday, March 15th:
*Trial Scheduling Conference Hearing (@ 10am CT) – IA – E.S. (Boy, 8/9 yrs) (July 17, 2018, Ackley) – only for *Alex Craig Shadlow (30) “dad” arrested & charged (7/17/18) & arraigned (8/13/18) with 1st degree kidnapping & torture. Plead not guilty. $500K cash only or surety bond.
*Hardin County moved to Dickson County
7/30/18 Update: Motion for Bond Review hearing on 8/2 & Arraignment on 8/13 for Shadlow, plead not guilty. Pretrial hearing on 9/10, trial starts 9/11/18. Trial probably will delayed due to motion to sever trial on 8/27/18. 8/27/18: Motion to sever trial hearing set for 9/24.
9/10/18 Update: Motion for continuance of trial (was to start 9/11/18 for both), & change of venue. 9/11/18 Update: Motion to continue trial & change of venue granted – from Hardin County to Dickson County for Shadlow. On 10/1/18 set hearing for 10/12.
10/12/18 Update: Motions filed re protective order for closed circuit testimony. Hearing on 10/23. 10/23/18 Update: hearing was cancelled. Motion for Protective Order for Closed Circuit trial testimony of minor set for 10/26.
10/26/18 Update: Motions hearing reset for 12/7. Final pretrial hearing 1/4/19 & trial set for 1/7/19.
1/4/19 Update: Trial has been rescheduled for 6/24/19. Final Pretrial hearing is 6/21/19.
3/8/19 Update: Motion for continuance is granted. Trial has been cancelled. Next Trial Scheduling Conference hearing on 3/12.
3/12/19 Update: Next Scheduling Conference hearing on 3/15.

*Traci Lynn Tyler (39) arrested & charged (7/17/18) & arraigned (8/13/18) with 1st degree kidnapping & torture. Plead not guilty. $500K cash only bond.
*Hardin County moved to Cerro Gordo County
Trial started 2/5/19. If convicted of first-degree kidnapping, a class A felony, Tyler would face a sentence of life in prison without the possibility of parole. She declined a discussed deal from prosecutors in which she would have pleaded guilty to child endangerment and third-degree kidnapping, which would have carried a 50-year sentence.

Reference Trial days 1 thru 5 - see post #85 - here: IA - Ackley couple arrested for locking 9 year old child under stairs & deprived food, July 2018
2/13/19 Day 6: Closing arguments. She waived her right to a jury trial, instead allowing District Court Judge James Ellefson to deliver a verdict. Judge Ellefson took the case under advisement at the close of Wednesday’s proceedings and allowed the parties until Feb. 27 to file briefs and further written arguments. He will issue a ruling at a later date. The defense waived a reading of the verdict in court. No update as of 3/14
javascript:void(null);
Arrest affidavit says abuse occurred from July-Sept., 2017; was locked in 6’x6’ area under stairs & deprived of food & bathroom for 9 hrs a day where he slept on concrete with no bedding (pillow or blanket). Tyler urged her dog to attack the boy, which left scars on his back & limbs.


I'll be shortening Shadlow's stuff...
 
Shadlow:

Event Filed By Filed Create Date Last Updated Action Date

ORDER SETTING TRIAL ELLEFSON JAMES C 03/15/2019 03/19/2019 03/19/2019
Comments: TRIAL SET FOR 9/30/19 @ 9:30 A.M. @ DICKINSON COUNTY
COURTHOUSE IN SPIRIT LAKE, IOWA. FINAL PRETRIAL SET FOR
9/27/19
@ 9:00 A.M. @ THE HARDIN COUNTY COURTHOUSE.
FAXED TO HC JAIL, HCSO ADMIN, DICKINSON CNTY CLERK, EMAILED
3A COURT ADMIN 3/19/19

INDIGENT DEFENSE CLAIM FORM 03/15/2019 03/15/2019 03/15/2019
Comments: STANSBERRY-FEES-$6631.13 CLAIM# 1362338

INDIGENT DEFENSE CLAIM FORM 03/15/2019 03/15/2019 03/15/2019
Comments: JOHN MCCARTER-FEES-$311.25 CLAIM# 1363712

ORDER FOR TRIAL SCHEDULING CONFERENCE 03/13/2019 03/13/2019 03/13/2019
Comments: SCHEDULING CONFERENCE SET FOR 3/15/19 @ 10:00 A.M.

link: https://www.iowacourts.state.ia.us/ESAWebApp/TIndexFrm


Nothing new on Tyler.
 

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