F. Montgomery Brown

F. Montgomery BrownF. Montgomery Brown has been practicing law in the State of Iowa since 1986, earning a reputation as a vigorous and effective advocate for his clients.

After graduating from Buena Vista College in 1983, he entered Drake Law School and earned his law degree in 1986.

He immediately joined the Dallas County Attorney’s Office as an assistant county attorney with duties in both criminal cases and civil law. He was responsible for the investigation, prosecution and trial of multiple categories of criminal offenses ranging from simple misdemeanors to white-collar crimes, vehicular homicide, kidnapping, robbery, arson, sexual assault and first-degree murder. His civil law responsibilities included consulting with, advising and representing the county and its board of supervisors on liability, contractual and budget matters.

In 1990, Brown joined the Des Moines firm of Cook, Gotsdiner, McEnroe & McCarthy. His primary focus was criminal defense and civil litigation in state and appellate courts in Iowa, United States District Court for the Southern District of Iowa in Des Moines, the Northern District of Iowa in Cedar Rapids and the U.S. Court of Appeals for the Eighth Circuit, located in St. Louis.

He practiced law with the firm until 1998 when he and several colleagues formed Cook, Brown & Scott. During the firm’s 10 years, its partners practiced primarily criminal defense in state and federal courts.

Since 2008, Brown has practiced law at his current location 1001 Office Park Road, Suite 108, West Des Moines — first as Brown & Scott, P.L.C. and then as FMBrown Law Firm, P.L.L.C. after his business partner Paul Scott was appointed to the state bench in late 2013.

Montgomery Brown continues to represent clients facing drug offenses, weapons violations, theft and fraud charges, assault and homicide accusations, hunting violations and other charges. However, Brown also emphasizes his considerable experience in defending clients being investigated for or accused of “white-collar” crimes including, but not limited to, bank fraud, false statement offenses, wire and/or mail fraud, money laundering, tax offenses, environmental violations, immigration offenses (including harboring and H1B fraud), Social Security fraud, Medicaid fraud, bribery and public corruption.

Brown’s community activities include serving on the boards of directors of United Community Services, Des Moines Youth Hockey Association and the Midwest Amateur Hockey Association. He has also been a volunteer manager and coach for youth hockey and Little League teams.


Educational Background

Storm Lake High School- 1979
Buena Vista College (University) Bachelor of Arts 1983
Drake Law School- Juris Doctor 1986; Drake Law Review

Community Activities

United Community Services- Board Member through 2021
Des Moines Youth Hockey Association- Board Member (Risk Manager & SafeSport Coordinator)
MidWest Amateur Hockey Association (USA Hockey Affiliate)- Risk Manager & Ethics Committee Chair)
Des Moines Oakleaf’s Hockey Club Board
Volunteer manager/coach- Hockey & Little League Baseball

Interests

Des Moines Oakleaf’s Hockey
Iowa Wild Hockey
Nebraska Cornhuskers Football
Buena Vista Beavers Football
Storm Lake Tornados Football
New York Rangers
Walleye and Muskie Fishing
Motorcycle Enthusiast
Handgun Marksmanship
Powerlifting

Expert Services

Criminal Defense Standards
Effective Assistance of Criminal Defense Counsel

Professional Employment

January 1, 2015 to Present
FMBROWN LAW FIRM, P.L.L.C.
1001 Office Park Road, Suite 108, West Des Moines, Iowa 50265 (515-225-0101; 515-225-3737 fax) www.fmbrownlaw.com

Criminal Defense: State and Federal Criminal Defense Matters, with substantial experience in numerous State and Federal offenses, including but not limited to:

  • Drug offenses;
  • CLE Presentations on Cross Examination, Firearms laws, Justification, Self-Defense and “Stand Your Ground” laws in Iowa
  • Firearms violations;
  • Thefts & Fraud; Federal Wire, Mail and Bank Fraud
  • Assaults & Homicide;
  • Child Endangerment Resulting in Death
  • Hunting violations; and
  • “White Collar” investigations and prosecutions, including but not limited to bank fraud, false statement offenses, wire/mail fraud, money laundering, tax offenses, environmental violations, immigration offenses (harboring & H1B fraud), Social Security fraud, Medicaid fraud, bribery, public corruption, and other matters.

February 1, 2008 to December 2014
Brown & Scott, P.L.C., 1001 Office Park Road, Suite 108, West Des Moines, Iowa 50265 (515-225-0101; 515-225-3737 fax)- February 1, 2008 to the present. www.brownscott.com

Criminal Defense Boutique with Partner PAUL D. SCOTT concentrating on State felonies and Federal Criminal Defense Matters, with emphasis on “White Collar” investigations and prosecutions, including but not limited to bank fraud, wire/mail fraud, money laundering, tax offenses, EPA investigations, immigration offenses (harboring & H1B fraud), Social Security fraud, Medicaid fraud, bribery, public corruption and other matters.

August 1, 1998 to January 2008
Cook, Brown & Scott, P.L.C., 8554 Alice Avenue, Suite A, Clive (Des Moines), Iowa 50325 (515-278-6008; 515-278-6024 fax)- August 1, 1998 to January 2008.

Partner in multi-lawyer firm practicing primarily in state and federal criminal defense.

November of 1990-August of 1998:
Cook, Gotsdiner, McEnroe & McCarthy, 1300 Two Ruan Center, Des Moines, Iowa (515-245-3737)- November of 1990 to July 1, 1998.

In this nine-lawyer firm, I was an associate practicing primarily in criminal defense and civil litigation in the state and appellate courts of Iowa, and United States District Courts for the Southern and Northern Districts of Iowa and Eighth Circuit Court of Appeals. Civil litigation has included personal injury actions of various types on behalf of Plaintiffs, workers compensation, dissolution, defense in corporate litigation, with substantial experience in summary judgment matters in State and Federal Courts.

June of 1986-October of 1990:
Dallas County Attorney’s Office, Adel, Iowa: Assistant County Attorney.
Criminal: The investigation, prosecution, and trial of multiple categories of criminal offenses under Iowa law, from misdemeanors to major felonies including Murder in the First Degree, Vehicular Homicide, Kidnapping, Robbery, Arson, Sexual Abuse, and white-collar crimes.

Civil: Consultation, advice, and representation of the County and Board of Supervisors on liability, contractual and budgetary matters.

Trial Experience

Criminal trials have included jury not guilty and lesser included verdicts in numerous trials, including Public Corruption, Murder in the First Degree, Kidnapping in the First Degree, Attempted Murder, Robbery in the First Degree, Terrorism, Fraudulent Practice, Weapons Offenses, State and Federal Drug Trafficking Offenses, Assaults, Felony Theft, Federal Bank Fraud, Federal Mail Fraud, multiple counts of Child Labor offenses, and various other verdicts to lesser included offenses. I have appeared as defense counsel pro hoc vice in Arizona (federal), Missouri (state), Nebraska (federal), Utah (state) and Arizona (state & federal), New Hampshire (state and federal), Tennessee (federal) and South Dakota (federal bankruptcy).

Associations

American College of Trial Lawyers (Sept. 2018)
CJA Panel Attorney- U.S. District Court for the Southern District of Iowa/Eighth Circuit
Dallas County Bar Association
National Association of Criminal Defense Lawyers
C. Edwin Moore Inn of Court (Des Moines 2002-07)
CJA Panel Representative- Southern District of Iowa 2007-2010

Selected Criminal Cases

State v. Hernandez (Dallas County 2022)
Assault With Intent to Commit Sexual Abuse (Class C)
Domestic Abuse Assault (Serious)
Harassment in First Degree (Aggravated Misdemeanor)
Verdict: Simple Domestic Assault, Simple Assault, Harassment Third Degree (Simple)

United States v. Redd, (2021)
Sex Trafficking, Drug Charges
Verdict: Guilty

State v. Harding (Guthrie County 2021)(Non-Jury)
Assault Causing Bodily Injury
Verdict: Simple Assault

United States v. Monahan, (2021)
Receipt of Child Pornography
Verdict: Guilty

State v. Huddleston (Polk County FECR343214 2021)
Murder in the First Degree
Result: Negotiated plea to Murder in the Second Degree

United States v. Merritt, (2020)
Multiple Drug Charges, Felon in Possession, 924(c)
Verdict: Guilty
Not Guilty 924(c)

State v. Henricksen, Polk County (2019)
Murder 2nd Degree
Verdict: Guilty

State v. Alexander, Polk County (2018)(Non-jury)
Murder 2nd Degree
Verdict: Pled to Involuntary Manslaughter & Reckless Use of Firearm during defense case

State v. Roberts, Polk County (2018)
Murder 1st Degree
Verdict: Guilty

State v. Lo, Dallas County (2017)
Fraudulent Practice 1st Degree
Verdict: Guilty

State v. Devaris Perry, Polk County FECR300346 (March 2017)
Attempted Murder (Class B)
Verdict: Guilty

State v. Danny Lenze, Dallas County AGCR038655
Willful Injury (Class C)
Verdict: Hung Jury- pled to simple misdemeanor

State v. Dustin Hollingsworth, Dallas County FECR038435 (July 2016)
Child Endangerment Causing Bodily Injury (Class D)
Verdict: Not Guilty

State v. Joe Anthony Lopez, Polk County FECR281903 (May 2016)
Murder 1st Degree
Child Endangerment Causing Death
Verdict: Guilty

United States v. Anwar, NDI No. 15-cr-02005 (October 2015)
Conspiracy to Distribute Controlled Substance analogues
Conspiracy to Commit Money Laundering
Verdict: Guilty

State v. Hamell, Jasper County No. SRCR019478 (October 2015)
Domestic Abuse Assault Causing Injury
Verdict: Not Guilty

United States v. Springer, Southern District of Iowa (February 2015)
Bank Fraud- 7 Counts
Verdict: Guilty

State v, Hildalgo, Polk County No. OWOM077401 (2014)
OWI
Verdict: Guilty

State v. Unger, Dallas County No. SRCR035661 (July 2013)
Domestic Abuse Assault Causing Bodily Injury/ Mental Illness
Verdict: Not Guilty

State v. Stark, Ringgold County No. FECR134385 (July 2013)
I-Fraudulent Practice 2nd Degree
II-Theft 2nd Degree
III- Fraudulent Practice 4th Degree
Verdict: Not Guilty

United States v. Chamness Technology, Inc., Southern District of Iowa (November 2012)
Plea to misdemeanor count of Clean Water Act Violation

State v. Cheng, Polk County No. FECR243185 (January 2012)
Theft in First Degree (Interstate Wire Transfer)
Dismissed following Preliminary Hearing

United States v. Clarence Allen Rice, Southern District of Iowa No. 10-79 (June 2011)
4 Counts Wire Fraud
Verdict: Guilty

United States v. Chockalingham Palaniappan (Chuck Pal) (April 2011)
Conspiracy to Commit H1B Visa Fraud
Multiple mail Fraud Counts
Plea to 4 misdemeanor address change violations/Probation and deportation

United States v. Daniel A. Nelson, Southern District of Iowa No. 08-153
23 Counts of Bank Fraud associated offenses reduced to one Count of Conspiracy to Cause False Entries. Sentenced to 30 Months.

United States v. Sholom Rubashkin (Agriprocessors, Inc.), Northern District of Iowa No. 08-1324 (Trial Venue Changed to Sioux Falls, SD)
86 Counts (Bank Fraud, False Statements, Wire Fraud, Mail Fraud, Money Laundering, Packers & Stockyard violations)- Guilty
5 Counts (Packers & Stockyard counts) – Not Guilty

State of Iowa v. Sholom Rubashkin, Allamakee County No. SMAC 009342 (Trial Venue Changed to Waterloo, Iowa)
9311 Counts- Child labor Violations (Reduced for Trial)
Verdict: Not Guilty

State v. Lozano-Molina, Clarke County No. FECR012299 (December 2008)
I-Possession With Intent to Deliver Marijuana (20 pounds +)
II-Tax Stamp
Verdict: Not Guilty

United States v. Winters, SDI #06-55(April 2008)
I-Conspiracy to Distribute Methamphetamine
II- Possession With Intent to Distribute Methamphetamine
Verdict: Guilty

United States v. McCoy, SDI No. 4:07-cr-077 (December 2007)
I-Attempted Extortion by a Public Official (State Senator)
Verdict: Not Guilty

United States v. Summy, (September 2007)
I-Conspiracy to manufacture and distribute marijuana
II-Conspiracy to Commit Money Laundering
Verdict: Guilty on Count I; Judgment of Acquittal granted on Count II

United States v. Mitchell (Maurice) SDI No. 06-305 (2007)
I-Conspiracy to Conceal Assets from Chapter 7 Trustee
II-Concealment of Assets
III-Concealment of Assets
Result: Probation

State v. Gilbert, Dallas County No. (April 2007)
Theft in the First Degree (Dallas County Sheriff)
Verdict: Guilty

USA v. Webster (March 2007)
Conspiracy to Distribute cocaine base and cocaine
Possession with Intent to Distribute cocaine base
Use of Communication Facility
Verdict; Guilty

State v. Webster, Polk County No. AGCR202935 (December 2006 Non-Jury)
Possession of Controlled Substance (Enhanced)
Verdict: Not Guilty

United States v. Becerra, Eastern District of Neb. No. 06-32 (December 2006)
Conspiracy to Distribute Cocaine and 500 grams of Methamphetamine
Verdict: Hung Jury- Mistrial Declared; Plea Agreement for Probation

United States v. Christopher Orville Myers, SDI No. 5-257 (August 2006)
I-Knowingly Mailing Threatening Communication
II-Threatening a Federal Judge (Hon. Linda Reade)
III-Knowingly Mailing Threatening Communication
Verdict: Guilty Counts 1 & 2; Judgment of Acquittal Granted Count 3

State v. Dudley, Polk County No. FECR (July 2006)
Possession With Intent to Deliver Marijuana (Class D Enhanced)
Possession of Prescription Drugs (2 Counts- Serious Misdemeanor)
Verdict: Judgment of Acquittal Granted

City of Storm Lake v. Patton, SMAC (June 2006)(Asst. County Attorney)
Keeping a Disorderly House (Underage beer party)
Verdict: Not Guilty

State v. Soria, Buena Vista County No. FECR034268 (February 2006)
Sexual Abuse in the Third Degree
Verdict: Mistrial Granted on Defendant’s Motion

United States v. Miguel Barajas, SDI No. 05-128 (November 2005)
Conspiracy to Possess for Distribution of in excess of 5 kg of Cocaine
Verdict: Guilty

United States v. Juan Moncada-Gallegos, SDI No. 05-01 (March 2005)
Conspiracy to Distribute in excess of 5kg Cocaine
Verdict: Not Guilty

United States v. Rodney Fox, SDI No. 04-317 (2005)
Embezzlement from a Labor Union -29 U.S.C. Section 501(c), 7 Counts
Result: Dismissed

State v. Kevin Hoaglund, Warren County No. FECR022716 (February 2005)
I-Attempted Murder
II-Burglary in the First Degree
III-Willful Injury Causing Serious Injury
IV-Going Armed with Intent
V-Assault While Participating in a Felony
Verdict:
I-Dismissed
II- Not Guilty
III- Simple Assault
IV- Not Guilty
V- Simple Assault

United States v. Jesse Lee Crawford, SDI No. (February 2005)
Conspiracy to Distribute MDMA, Cocaine, Marijuana
Verdict: Guilty- Conspiracy to Distribute MDMA
Not Guilty- Conspiracy to Distribute Cocaine

United States v. Benjamin Langford, SDI No. (August 2004)
I-Hobbs Act Robbery
II-924(c)
III-Bank Robbery
IV-924(c)
V-Felon in Possession
Verdict: Hung Jury Counts 1, 2
Guilty Counts 3,4,5

United States v. Richard Evans, SDI No. 04-72 (June 2004)
Felon in Possession of a Firearm
Verdict: Guilty

United States v. Pamuceno Rodriguez- Zuniga, SDI No. ___ (August 2004)
Conspiracy to Distribute Methamphetamine
Possession of Methamphetamine With Intent to Distribute
Verdict: Guilty

State v. William Foster, Cerro Gordo County No. (January 2004)
Assault on a Peace Officer Causing Bodily Injury (4 Counts)
Criminal Mischief in the Fourth Degree
Possession of a Controlled Substance
Interference With Official Acts Causing Injury
Verdict: Guilty- 3 Counts of Assault on a Peace Officer Causing Bodily Injury
Guilty- Criminal Mischief in the Fourth Degree
Not Guilty- Possession of a Controlled Substance
Guilty- Interference With Official Acts Causing Injury

State v. Owen F. Benson, Dallas County No. (December 2003)
Arson in the First Degree
Harassment in the First Degree
Verdict: Guilty- Arson in the First Degree
Guilty- Harassment in the Third Degree

State v. Leslie Jerome Bell, Polk County Nos. FECR175259/ FECR178816 (December 2003)
Attempt to Commit Murder
Burglary in the First Degree
Willful Injury Causing Serious Injury
Willful Injury Causing Serious Injury
Going Armed With Intent
Verdict: Guilty
Count IV- Lesser Offense of Assault With Intent to Inflict Serious Injury

United States v. Fred T. Risius, SDI No 02-160 (Feb. 2003)
Labor Union Embezzlement
Result: 14 months

State v. Terry Dalton, Polk County Criminal Number FECR (August 2002)
Murder in the First Degree (Class A)
Result: Plead to Homicide by Vehicle (Class C)

State v. Melvin Sandoval, Dallas County Criminal Number FECR025661 (July 2002)
Possession With Intent to Deliver Methamphetamine (Class B)
Possession With Intent to Deliver Cocaine (Class C)
Tax Stamp (2 Counts Class D)
Verdicts: Not Guilty

United States v. Andrew Mark Armstrong, SDI No. 01-59 (2002)
Fraudulent Receipt of Property (18 U.S.C. § 152(5))
Attempted Obstruction of Proceedings (18 U.S.C. § 1512(b)(2)(B))(3 Counts)
Verdict: Pled to One Count of Obstruction

State v. Fevold, Polk County Criminal Number FECR157351 (February 2002)
Sexual Abuse in the Third Degree (2 Counts)
Verdict: Guilty

State v. Kent M. Beard, Polk County Criminal Number FECR158967 (February 2002)
Theft in the First Degree (Class C)
Verdict: Not Guilty

State v. Brett Dullard, Polk County Criminal Number FECR159964 (February 2002)
Count I: Possession of Ephedrine With Intent to Manufacture (Class D- enhanced to 15)
Count II: Possession of Ether With Intent to Manufacture (Class D-enhanced to 15)
Verdict: Guilty Count I; Not Guilty Count II

United States v. Salvador Barrios, SDI No. 01-151 (December 2001)
Conspiracy to Distribute Methamphetamine, Marijuana, and Cocaine
§ 924(c)
Distribution of Methamphetamine
Distribution of Methamphetamine to a Minor
Verdicts: Guilty

State v. Marti Allen Weber, Polk County Criminal Number FECR153964 (December 2001)
Count I: Willful Injury (Class C)
Count II: Assault with a Weapon (Aggravated Misdemeanor)
Verdict: Count I- Assault Causing Bodily Injury
Count II- Simple Assault

State v. Cory Foster, Polk County Criminal Number FECR 156038 (December 2001)
Murder in the First Degree (Class A)
Result: Plead to 20 years

State v. Arthur Pixler, Dallas County Criminal Number SRCR024500 (November 2001)(non-jury)
Sexual Exploitation of a Minor – Internet pornography (Serious Misdemeanor)
Verdict: Not Guilty

State v. Bronson Carre, Polk County Criminal No. FECR153010 (April 2001)
Count I: Robbery in the 1st Degree )(Class B);
Count II: Conspiracy to Possess a Controlled Substance with Intent to Deliver (Class B enhanced to 75 years;
Count III: Conspiracy to Deliver a Controlled Substance (Class B enhanced to 75 years);
Count IV: Possession of a Controlled Substance with Intent to Deliver Methamphetamine (Class B enhanced to 75 years)
Count V: Possession of a Controlled Substance with Intent to Deliver Marijuana (Class D enhanced to 15 years)
Count VI: Failure to Possess a Tax Stamp (Class D)
Count VII: False Imprisonment (Serious Misdemeanor)
Verdict: Mistrial Ordered during defense case- double jeopardy motion to dismiss granted

State v. Jeremy Hughes, Polk County Criminal No. SRCR150759 (February 23, 2001)
Count I- Criminal Mischief in Violation of Individual Rights (Hate Crime) (Serious Misdemeanor)
Verdict: Guilty- Criminal Mischief without Hate Crime Component (Simple)

State v. Cruz Guerrero, Polk County Criminal No. FE149058 (January 2001)
Count I- Murder in the First Degree (Class A)
Count II- Murder in the First Degree (Class A)
Result: Defendant plead to 2 Counts of Voluntary Manslaughter (10 years concurrent)

State v. Bobby John Bennett, Polk County Criminal No. FE150731 (December 13,2000)
Count I- Conspiracy to Manufacture Methamphetamine (30 year Class C)
Count II-Manufacturing Methamphetamine (30 year Class C)
Count III-Possession of Precursor (Class D)
Verdict: Defendant pled to Count III at close of State’s evidence as offered by defense prior to trial.

State v. Billy Joe Graham, Madison County Criminal No. FECR104890 (2000)
Count I-Manufacturing Methamphetamine (Class C)
Count II-Possession of Precursor (Class D)
Verdict: Defendant pled to Count II at close of State’s evidence.

State v. Anthony Negrete, Jr., Warren County Criminal No. SRCR019232 (March 29, 2000)(non-jury)
Permitting Public Indecent Exposure (Strip Club) – Serious Misdemeanor
Verdict: Not Guilty

State v. David Stone, Polk County No.FECR137704 (November 1999)
Burglary in the First Degree
Burglary in the Second Degree
Stalking
Burglary in the Third Degree
Verdict: Guilty (reversed on appeal)

USA v. Fabian Aguayo-Delgado, United State District Court Southern District of Iowa No. 99-35 (August 9, 1999)
Conspiracy to distribute methamphetamine- Count I
§ 924(c)- Count II
Verdict: Guilty Count I; Not Guilty Count II
See United States v. Aguayo-Delgado, 220 F.3d 926 (8th Cir.), cert. denied, 531 U.S. 1026 (2000)

USA v. Carlos Rivas-Cristales, United States District Court for the Southern District of Iowa No. _____ (1999)
Conspiracy to distribute methamphetamine
Verdict: Guilty

State v. Freddy Arias, Polk County Criminal No. FE126791 (October 1998)
Possession With Intent to Deliver Methamphetamine (Class B 25 year)
Tax Stamp (Class D)
Verdict: Not Guilty- both counts

State v. Courtney Burnett-Nelson, Polk County Criminal No. FE121019 (September 1998)
Murder in the First Degree
Verdict: Guilty- Lesser Included Offense of Assault With Intent to Inflict Serious Injury (Aggravated Misdemeanor)

State v. Robert Lyle Stephenson, Polk Count No. FECR120094 (June, 1998)
Sexual Abuse in the Second Degree (Class B 25 year)
Verdict: Defendant pled to Conspiracy to Commit Sexual Abuse (Class C) at the close of the State’s evidence.

United States v. Christopher Kauffman, United State District Court Southern District of Iowa No.97-92 (July 1997)
Federal Death Penalty Prosecution- Carjacking
Mahaska County- Murder in the First Degree
Result: Negotiated plea to life sentences in federal and state courts.

State v. Shobha Horstman, Dubuque County No. FECR24923 (Trial May of 1997 on change of venue to Waterloo, Iowa)
Child Endangerment- Multiple Acts (Class B 50 year)
Verdicts: Guilty- 4 specifications
Not Guilty- 3 specifications

United States v. Donald E. Harrison, United States District Court No. 96-106 (March 1997)
Conspiracy to Manufacture Methamphetamine
Maintaining a Drug Manufacturing Location (Crackhouse statute)
Verdicts: Hung Jury- Conspiracy
Guilty- Count II

United States v. Timothy Spence, United States District Court No.96-85 (Nov. 1996)
Conspiracy to Distribute Cocaine/Marijuana
Possession With Intent to Distribute
Verdicts: Hung Jury- Conspiracy
Guilty- PWID

State v. Deandre Jefferson, Polk County No. 99824 (August of 1996)
Attempted Murder (Class B)
Robbery in the First Degree (Class B)
Verdicts: Guilty on both counts (Reversed on appeal following preservation of Bruton issue)

United States v. Sean Demarco Stone, United States District Court for the Southern District of Iowa, No. 96-91 (August 15, 1996)
Count I-Conspiracy to Distribute Methamphetamine/Cocaine
Count II- Possession With Intent to Distribute Methamphetamine
Verdict: Guilty both Counts.

State v. Robert Wright, Polk County No. 92682 (January of 1996)
Murder in the First Degree (Class A)
Robbery in the First Degree (Class B)
Verdicts: Not Guilty

State v. Dudley, Polk County No.92844 (1996)
Robbery in the First Degree (Class B)
Verdict: LIO of Assault with a Weapon (Aggravated Misdemeanor)

State v. Merritt, Dallas County No.______ (1995)
Felonious Misconduct in Public Office (Chief of Police) (Class D)
Verdict: Not Guilty

State v. Robinson, Dallas County No. 019291 (1995)
Theft in the Second Degree (Class D)
Verdict: Not Guilty

State v. Ronzell T. Brown, Polk County No.FE80647 (1995)
Willful Injury (Class C)
Verdict: Aggravated Assault

State v. Garland Shaffer, Polk County No. 81232 (1994-5)
Murder in the First Degree-
Result: Plea to Murder in the First in Iowa.
Negotiated Plea in Missouri to life Imprisonment where Defendant faced Death Penalty.

United States v. Verduzco, United States District Court SDI No. 94-30 (1995)
Conspiracy to Distribute
Delivery of Controlled Substance
Communications Facility
Verdict: Hung Jury on Conspiracy
Not guilty on other counts

State v. Rodriguez, Polk County Criminal No. FECR87082
Possession of Methamphetamine With Intent to Deliver
Tax Stamp
Verdict: Guilty

United States v. Roach, United States District Court NDI No.___ (1993)
18 U.S.C. § 1001 False Statements to Financial Institution
Verdict: Not Guilty

State v. Cartwright (a/k/a Johnson), Polk County No.70921 (1994)(2 trials)
Attempted Murder
Terrorism (Class C)
Verdict: Not Guilty- Attempted Murder
Hung Jury on Terrorism, conviction of Class D Terrorism on re-trial.

State v. Lewis, Polk County No. 62431 (1993)
Robbery in the Second Degree
Verdict: Not Guilty

State v. Maclin, Polk County No._____ (1992)
Possession With Intent to Deliver Crack Cocaine (Class C)
Verdict: LIO of Possession (Serious Misdemeanor)

State v. Maclin, Polk County No. 68437 (1993)
Terrorism (Class D)
Assault With a Dangerous Weapon
Verdict: Not Guilty

State v. Chambers, Polk County No. 73413 (1994)
Domestic Abuse Assault
Verdict: Not Guilty

State v. Jenkins, Polk County No. 66469 (1993)
Gambling violation
Verdict: Not Guilty

State v. Ricky Earl Wagner, Guthrie County No. 12-97 (1993)
Murder in the First Degree
Kidnapping in the First Degree
Sexual Abuse in the First Degree
Verdict: Guilty on all counts

State v. Streeper, Polk County No. 61118 (1992)
Kidnapping in the First Degree (Class A)
Kidnapping in the First Degree (Class A)
Verdict: Not Guilty- Count I; Count II-Simple Assault

Appeals- Eighth Circuit Court of Appeals
United States v. Monahan
United States v. Banes
United States v. Merrett
United States v. Darrell Smith
United States v. Binion
United States v. Ballard
United States v. Hughes, 795 F.3d 800 (8th Cir. 2015(11 Lacey convictions reversed)
United States v. Collins, 699 F.3d 1039 (8th Cir. 2012)
United States v. Mendez, 685 F.3d 769 (8th Cir. 2012)
United States v. Rice, 699 F.3d 1043 (8th Cir. 2012)
United States v. Mendoza
United States v. Steward, 598 F.3d 960 (8th Cir. 2010)
United States v. Myers, 503 F.3d 676
United States v. Barajas
United States v. Evans
United States v. Crawford, 449 F.3d 860 (8th Cir. 2006)
United States v. Langford, 155 Fed. Appx. 936 (8th Cir. 2005)
United States v. Rodriguez
United States v. Cash, 378 F.3d 745 (8th Cir. 2004)
United States v. Fortney, 357 F.3d 818 (8th Cir. 2004)
United States v. Aguayo-Delgado, 220 F.3d 926 (8th Cir. 2000)
United States v. Ortiz (Stone), 125 F.3d 630 (8th Cir. 1997)
United States v. Rabins, 63 F.3d 721 (8th Cir. 1995)

Wanatee v. Ault, 259 F.3d 700, (8th Cir. 2001)(affirming grant of habeas corpus on First Degree Murder conviction)

Community Service

Des Moines Youth Hockey Association Risk Manager
(Board Position on DMYHA Board through Spring 2018)

RISK MANAGER for Des Moines Youth Hockey Association.

Responsibilities include:

1. Ensuring USA Hockey SafeSport training and compliance by all adult persons having more than minimal contact with all youth participants boys and girls. Goals of SafeSport are as follows:
The safety of its participants is of paramount importance to USA Hockey. USA Hockey SafeSport is the organization’s program related to off-ice safety. USA Hockey has long had systems in place to protect its participants from physical abuse, sexual abuse, and other types of abuse and misconduct that can be harmful to youth hockey players and other participants. These include without limitation:
a. Physical Abuse
b. Sexual Abuse Screening
c. Locker Room Supervision and Hazing Policies
d. In addition to Codes of Conduct applicable to administrators, coaches, officials, parents, players, and spectators. The USA Hockey SafeSport Handbook is intended to update and collect USA Hockey’s various policies to protect its participants from all types of misconduct and abuse.
2. Ensuring same Consent to Screen for background checks for MWAHA on an annual basis. Ethics (coach’s, player, parent) & Disciplinary Committee for both DMYHA and MWAHA.

United Community Services/Health Care
Board Member (Former)

Midwest Amateur Hockey Association
Risk Manager and Chair of Ethics and Disciplinary Committee