Bodady’s dismissal motion denied
Judge rules rights not violated by COVID delays
A Webster County District Court judge ruled that an attempted murder defendant’s right to a speedy trial has not been violated by delays caused by COVID-19.
In a three-page ruling on Monday, District Court Judge Kurt Stoebe denied the motion to dismiss submitted by Reino Valentino Bodady, of Fort Dodge.
Bodady, 37, is facing one count of attempted murder, a Class B felony punishable by up to 25 years in prison. He is accused of cutting and stabbing a woman in the neck and abdomen area in a residence in the 500 block of North Third Street between 4:30 a.m. and 4:40 a.m. on Oct. 24, 2020.
On March 29, Stoebe heard arguments from the defense and the prosecution on the motion to dismiss.
Defense attorney Judd Parker argued that the Iowa Constitution, the Iowa Rules of Criminal Procedure and the Iowa Code were violated because Bodady was not brought to trial within 90 days of the filing of the trial information. He also argued that the Iowa Supreme Court’s supervisory order which expanded the speedy trial deadline to 120 days from Feb. 1, 2021, violates the Iowa Constitution.
Typically, if a trial does not start within the 90-day deadline, the indictment or charges must be dismissed “unless the defendant has waived the speedy trial right, the delay is attributable to the defendant or good cause exists for the delay,” according to Stoebe’s ruling.
In its Nov. 10, 2020 supervisory order, the Iowa Supreme Court ordered: “For any criminal case in which an indictment or information has been or is filed prior to Feb. 1, 2021, and the defendant is in custody, the 90-day deadline … shall be expanded to 120 days, and shall be restarted with Feb. 1, 2021, as Day 1.”
The order further clarified that the COVID-19 pandemic constitutes “good cause” within the meaning of the Iowa Rules of Criminal Procedure.
Bodady is scheduled to go to trial on April 13 in Webster County.