The Ottumwa Courier

Ottumwa

May 9, 2013

Motion against hearsay filed in OTA case

(Continued)

“It’s a procedural thing to alert the court that there’s a possibility that these things could come up,” he said.

Grassley’s office said it had “no record of involvement by Sen. Grassley or his office” in the alleged investigation.

Ward’s attorneys also requested that Memorandums of Activity from interviews of Wagner, Councilman Mitch Niner and Bill Musgrove be excluded from any mention before a jury on the basis that they include hearsay testimony, rumors and speculation “which are not within their first-hand knowledge or are inadmissible.”

According to court documents, comments from witnesses regarding the character or character traits of Ward and other witnesses are inadmissible. Ward’s attorneys also wrote that “witnesses should and can only testify as to matters of which they have personal knowledge.”

“Many statements made by these witnesses are admitted ‘rumors.’ They are unsubstantiated and not trustworthy,” according to court documents filed by Ward’s attorneys.

“... in this case, as shown by the MOAs the witnesses themselves state that large portions of their statement is information provided by others, information which is a result of rumor, information which is nothing other than supposition, speculation or conclusion, without any stated factual basis on which to support those matters or which are unsubstantiated or totally irrelevant to the charges before this court,” according to court documents. “... because of the adversarial nature of the witnesses to [Ward], there is a high probability that, as in the statement to authorities, the witness will provide the inadmissible testimony in response to questions which are not intended to elicit that testimony, unfairly prejudicing or inflaming the jury.”

The trial is currently scheduled to begin on June 3 in the Des Moines U.S. Courthouse.

Text Only
Ottumwa
  • halo-5-guardians-concept_wallpaper-1920x1080-53cf9b0098ea45ada37dc0f66bc174f5.jpg The Art of Kong

    OTTUMWA — The Mona Lisa. Whistler's Mother. Donkey Kong? Don't be so surprised, said Walter Day, that video games and the surrounding memorabilia are being considered art. The creativity and artistic vision required to create a poster, said the found

    July 28, 2014 1 Photo

  • Urbandale comes back to beat Ottumwa Midwest BOONE — Ottumwa Midwest led by seven runs in the fourth inning, but Urbandale National put together a furious comeback to steal the victory, 12-11, on Friday at the 9-10 Year Old Little League State Baseball Tournament. The top of the first saw Ottum

    July 25, 2014

  • Parks Dept. has long list of projects

    OTTUMWA — The Parks and Recreation Department has approved a list of capital improvements for the next two years that includes the installation of handicapped-accessible swings and new park bathrooms.

    July 9, 2014

  • 0710 Farmers Market Color Photo 1 -L -M Fresh food improves community

    OTTUMWA — Every summer across the Midwest, food stands pop up on gravel roads, and farmers markets are filled with a variety of home-grown products. Finding a fresh selection of healthy greens and juicy fruits isn't as hard as you might think. Accord

    July 9, 2014 2 Photos

  • 0703 OTT Heart boy photo A Heartfelt Miracle OTTUMWA — It’s funny how wishes can change so completely in just a few weeks. But laughter wasn’t the reaction of Jeff and Mary Penrod.The Ottumwa couple’s son, Brandon, was 18 years old when, in February, Mary took him to the Pella clinic to get loo

    July 2, 2014 1 Photo

  • 0703 OTT River Hills parking lot color photo -L -T River Hills expansion progresses

    OTTUMWA — Expanding River Hills Community Health Center downtown continues to be a priority with the Ottumwa City Council. Earlier this week, the council authorized city staff to survey the property, prepare a draft developers agreement as well as pr

    July 2, 2014 1 Photo

  • Street repair program begins OTTUMWA — If you think roadwork projects in the city of Ottumwa are just about complete, think again. This week, the Ottumwa City Council awarded its preventative maintenance contract for sealing cracks in asphalt and concrete pavement roads througho

    July 2, 2014

  • A new look OTTUMWA — The 300 block of East Main Street in Ottumwa will be getting a facelift. During a public hearing earlier this week, the Ottumwa City Council gave its OK to the plans and specifications to renovate 15 buildings’ storefronts in downtown Ottum

    July 2, 2014

  • City won't tolerate bad behavior

    OTTUMWA — A newly designed policy to establish standards of behavior was presented to Ottumwa City Council on Tuesday night.The new policy’s introduction on Tuesday, demands city staff and elected officials exhibit professional behavior when they int

    July 1, 2014

  • 0702 OTT library grant color photo -T -L -M Ottumwa Public Library updates genealogy room

    OTTUMWA — The Ottumwa Public Library is the recipient of a Bright Ideas Community Enrichment Fund Grant from the Ottumwa Regional Legacy Foundation. The Friends of the Ottumwa Public Library group gave $5,520 to put toward a new microfilm reader. The

    July 1, 2014 1 Photo

Obituaries
Record
Facebook
AP National