A special prosecutor will be allowed to continue a case against a Fort Dodge man accused of making an illegal campaign contribution to former Gov. Chet Culver in a move that may prompt the defense attorney to appeal to the state Supreme Court.
In a ruling issued Thursday afternoon, Polk County Associate District Court Judge William Price declined to dismiss Special Prosecutor Lawrence Scalise and his assistant, Richard McConville. They have charged Steve Daniel with making a campaign contribution in the name of another and willful failure to disclose a campaign contribution in connection with a 2009 donation to Culver.
Price's ruling was in response to a series of motions filed this month by Daniel's attorney, Monty Fisher, and attorneys for co-defendant Curtis Beason, of Davenport. They had sought to get Scalise and McConville disqualified. They also sought to get all the charges dismissed against the two men and Webster County Entertainment, a group led by Daniel.
Among other things, the defense attorneys attacked an arrangement in which a former defendant in the case, Peninsula Gaming LLC, of Dubuque, is paying for the ongoing prosecution.
Fisher said late Thursday afternoon that he anticipates filing an appeal to the Iowa Supreme Court before the scheduled Feb. 27 start of Daniel's trial.
A call seeking comment from Scalise was not returned Thursday.
Scalise has claimed that Daniel funneled campaign cash to Culver on behalf of Peninsula Gaming. The alleged illegal contribution occurred when Daniel was leading the effort to get a state gaming license for the proposed Diamond Jo Fort Dodge casino. Peninsula Gaming was the company selected to operate the casino if a state license was awarded for it. However, in May 2010, the Iowa Racing and Gaming Commission declined to award the needed license, ending the casino plan.
The special prosecutor was appointed that same month to examine transactions that agents of the Iowa Division of Criminal Investigation deemed suspicious.
On Oct. 11, 2010, Scalise filed charges against Daniel; Webster County Entertainment; Peninsula Gaming; Brent Stevens, the chief executive officer of Peninsula; Jonathan Swain, the chief operating officer of Peninsula; and Beason, a Davenport attorney who was advising the casino planners. All of them were charged with making a campaign contribution in the name of another and willful failure to disclose a campaign contribution. Beason was also charged with obstruction. In December, Price dismissed the charge of making a campaign contribution in the name of another which had been filed against Beason.
Scalise has said Daniel made a $25,000 contribution to Culver's re-election campaign shortly after Peninsula Gaming paid Webster County Entertainment that same amount as a consulting fee. In court, Scalise has described Beason as the architect of a scheme to disguise the source of the donation.
Fisher has said Daniel donated $11,000 in increments of $4,500, $4,500 and $2,000. Those donations, he said, were reported in a timely and accurate way.
On May 13, 2011, the prosecutors dismissed all charges against Peninsula Gaming, Stevens and Swain. That company is now paying for the prosecution.
Contact Bill Shea at (515) 573-2141 or bshea@messengernews.net