How Could You? Hall of Shame-Gerry Jacobsen UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Black Hawk County, Iowa, wrong house photos are the reason that a Court of Appeals has overturned a sexual abuse conviction of former foster parent Gerry Jacobsen, now 45. He has already served 7 years of a 25-year prison term  after he was found guilty on three counts of second-degree sexual abuse and three counts of indecent contact in 2004 for alleged abuse of a foster daughter in the 1990s. The daughter claimed that the abuse took place when she was 5  or 6 years old but did not report it until she was 11. The court, which upheld his conviction on appeal in 2006, has now ordered a new trial in a 3 to 0 ruling.

She “changed her story repeatedly, the court noted. She once recanted the allegations before renewing them, and at other times said the abuse happened nightly or just once. There was no physical evidence, and girl’s mother also asked leading questions that could have tainted her memory and description, judges wrote, “according to the Quad City Times. [Yes, physical evidence 5 years after assault will be lacking.]

“Prosecutors had no immediate comment on whether they planned to appeal to the Iowa Supreme Court, seek a new trial or drop the case. Erdahl said he would advise his client, who is being housed at the Anamosa State Penitentiary, to wait for prosecutors to signal their intentions before seeking his release on bond pending further proceedings.”

“At issue in Wednesday’s decision were photographs that investigators took at Jacobsen’s home in Tama County in 2004 _ which was not where he lived when the alleged abuse occurred years earlier. Ten photographs were shown to jurors that were taken to illustrate how Jacobsen could have spied on his daughter in the bathroom or her bedroom _ despite no evidence that actually happened.

In fact, a deputy removed a screw holding the crack in the door closed so the bathroom could then be seen through the crack. The deputy also removed the cover from the heating vent to show how it could be used to look into the bathroom. Another picture of a room with a computer attempted to show how its door could be opened to peek into his daughter’s bedroom.

“There was never any indication that he ever had peeked through there, but it was there, and it was an option for him, or someone, to peek through; that is why the photograph was taken,” the deputy testified of the vent photos.

Last year, a judge rejected Jacobsen’s claim that the photos were improperly admitted, saying they showed “proof of motive” and planning, and that any objection would have been overruled. But the appeals court said Jacobsen’s trial attorney should have objected because the photos were irrelevant and didn’t prove anything.

“Given the probable prejudicial effect of the photos, painting Jacobsen as a creepy, peeping Tom, years after he allegedly sexually abused his daughter, our confidence in the outcome is undermined,” Eisenhauer wrote.

In his initial appeal in 2006, the appeals court was not asked to review whether the photographs should have been admitted. Instead, the court rejected Jacobsen’s argument that his trial was tainted in other ways.

His attorney submitted testimony showing three jurors initially wanted to acquit Jacobsen but claimed they were coerced by other jurors into supporting a guilty verdict. The court said that evidence was inadmissible since it related to internal jury deliberations.”

Court of Appeals overturns man’s sexual abuse conviction

[Radio Iowa 9/19/12 by Dar Danielson]

Iowa court overturns abuse verdict, citing photos

[Quad City Times 9/19/12 by Associated Press]

The ruling can be read in this 8 page pdf.

REFORM Puzzle Piece

 

Update: According to http://www.eiowalaw.com/Successful-Cases/,”On August 20, 2013, Gerry Jacobsen’s Second Degree Sexual Abuse case went to trial for the 3rd time. Clemens and his law partner, Frank Nidey represented Gerry in a week-long trial in Waterloo, Iowa. Had Gerry been convicted he would have faced another 10 years in prison. He could have pled to a charge resulting in no additional time, but Gerry courageously put the matter once again in the hands of his attorneys and the jury in the 1st Judicial District of Iowa. Gerry was acquitted of all charges on August 26, 2013. “