Judge ups Stanley's bond to $500,000
10/18/2005
OTTUMWA - In a ruling issued late Monday, District Judge Annette Scieszinski upped accused kidnapper Brendan B. Stanley's cash-only bond to $500,000.
Wapello County Attorney Mark Tremmel filed the bond-review motion Oct. 10, requesting Stanley's $100,000 cash-only bond be increased to $500,000.
Tremmel said Stanley is "an extreme flight risk and if released would be a danger to the safety of the community."
Stanley, 29, of Ottumwa, has been charged with second-degree kidnapping, a class B felony, following his alleged abduction of Gloria Lopez, 9, also of Ottumwa, on Oct. 7.
The judge also ruled that before Stanley is released on bond he must make arrangements with the Eighth Judicial District Department of Corrections for pretrial release supervision; and, must surrender his passport to the Wapello County Clerk of Court, who "shall hold it in safekeeping pending further court order."
Also, should Stanley bond out, the Eighth Judicial District DOC "is authorized to impose such conditions of supervision as it deems necessary and advisable, including but not limited to, house arrest, electronic monitoring and global positioning surveillance."
Scieszinski also ruled Stanley "shall have no contact" with the victim, victim's family "or any minor person until further order of the court."
Tremmel's first witness to testify in the bond-review hearing was Chris Matt, special agent in charge with the Iowa Division of Criminal Investigation. Matt said officers found Stanley's car about five miles south of Douds in Van Buren County, and "eventually found" Stanley and Lopez in a tent about three-quarters of a mile from Stanley's green 1998 Toyota Corolla.
Tremmel asked Matt if Stanley and Lopez were both interviewed by the DCI. Matt said yes.
"Have you reviewed those interviews?"
"I have spoken with officers who did," Matt told Tremmel.
"Did the defendant touch her?"
"
Stanley had his hands up her shirt ... and was on top of her," Matt said.
Matt also testified Stanley had given the girl some beer, and that he had a .44 caliber black-powder pistol with him in the tent.
Tremmel's next witness was Jeff Price, probation-parole officer with the Eighth Judicial DOC. Price said he asked Stanley about his past history concerning employment, residence, criminal convictions and pending criminal charges.
Price said Stanley told him he has lived with his mother and stepfather in Fairfield since August 2004; has visited his father, who has a farm in Van Buren County; and was a bilingual teaching associate in the Ottumwa School District.
But, Stanley didn't tell Price about having a chauffeur's driver license in Indiana, surrendering a Colorado license to get the Indiana CDL, having a school-bus permit from South Dakota, or about a pending criminal charge in Albuquerque, N.M., where he was a special education assistant.
Concerning New Mexico, Price admitted he's been unable to get complete information in a timely manner from New Mexico authorities. He said it's possible Stanley's release in the New Mexico case was similar to Iowa's "released on own recognizance."
Price also testified Stanley authored a letter to Lopez' mother and traveled throughout Europe.
" never said he traveled and failed to mention Indiana," Price said.
If Stanley were released, Price said his recommendation would be for Stanley to report to the DOC for an electronic monitoring device, Global Positioning Surveillance, or possible house arrest.
Attorney William Appel Jr. of Ottumwa was initially appointed as Stanley's attorney, but withdrew from the case. The court appointed Attorney Leslie D. Lamping of Washington, Iowa.
Lamping challenged Price about calling the New Mexico authorities. "Have you determined if has ever failed to appear for a hearing?"
Price said he didn't think so.
Lamping also said Price didn't ask Stanley if he had ever traveled to other countries.
"Do you have any proof left New Mexico without permission?"
"No, I don't," Price said.
As for the letter to Lopez' mother, Lamping asked if the letter was actually mailed. Price said no because the Wapello County Jail staff confiscated it.
Lamping also emphasized that Stanley has not tried to bond out from jail; and, Stanley already reported he didn't own property, which a bondsman usually requires.
Price said there was concern because Stanley's father owns a farm.
Cindy Toopes can be reached at (641) 683-5376 or via e-mail at cindy@ottumwacourier.com.
Ottumwa Courier