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AROUND IOWA Page 2B Tuesday, August 7, 2007 The Des Moines Register ST DATELINE IOWA From Register staff and news services Charges against Pollard dropped Polk County Attorney John Sarcone said: "We didn't mishandle anything or mishandle the case. We'll do the rest of our talking in the courtroom, but that's absolutely not true." Rittman's brother-in-law, Richard Hodge, declined to comment for the family. The ruling ends a legal back-and-forth that began last week when Ovrom ruled that the state's crucial evidence surveillance video that depicts a truck swerving to strike Rittman as inadmissible because it is played 30 percent faster than real time. agreed to dismiss the case Monday morning "in furtherance of justice." Because the charges were dismissed without prejudice, prosecutors will be able to refile charges against Pollard in the future. Pollard's lawyer, Alfredo Par-rish, said he was happy with the dismissal, though disappointed that charges can be refiled.

"I think in a year and a half (the state) could have done a better job of getting this case prepared, but the record is clear about what the issues are." Sarcone said whether charges will be refiled against Pollard depends on an FBI analysis of the video. Because a jury was not seated, Pollard is not subject to double jeopardy a legal concept that prevents a person from being tried twice for the same crime. Pollard, who is currently unemployed and out of jail on bond, said he has been fired from at least three jobs because of the charges leveled against him. Reporter Abby Simons can be reached at (515) 284-8136 or aslmonsdmreg.com that a key piece of videotape could not be admitted as evidence, triggering prosecutors' motion to dismiss. Pollard was charged in March 2006 with running down An-namarie Rittman, 46, with his truck in the early morning hours of Dec.

27, 2005, as she walked across the parking lot to work at the Lowe's store in Altoona. A three-month search for a truck sported in surveillance videos led authorities to Pollard. Opening statements in Pollard's trial had been expected to begin today before Ovrom reject YMGA agreement Lesbians By MELISSA WALKER REGISTER STAFF WRITER An agreement that was supposed to end a five-year fight between the Des Moines YMCA and a lesbian couple who wanted a family membership only intensified the debate Monday. Greater Des Moines YMCA officials had agreed to settle a human rights complaint and expand their definition of "family" to include and Sandra Patton-Imani, a Des Moines lesbian couple joined in a civil union in Vermont in 2000. But the couple refused to sign the document when they found out it contained a confidentiality clause.

Team's 'greatest athletic booster' approaches his 60th birthday The Altoona man was accused of running dow a woman in a parking lot. By ABBY SIMONS REGISTER STAFF WRITER Murder charges against Justin Pollard have been dropped, but the Altoona man's legal problems are probably far from over. District Judge Eliza Ovrom granted a request by Polk County prosecutors Monday morning to dismiss the case against Pollard. The case was snagged by a ruling last week Testimony: Scaglione went on casino trips SCAGLIONE, from Page 1B April 2006 audit exposed the scandal. Bargman, who is expected to testify at Scaglione's trial today, already has pleaded guilty of fraud and agreed to spend up to four years in federal prison.

For some employees, the CI-ETC-financed gambling trips also included daytime visits to casinos throughout Iowa and gambling while they were being paid to attend training seminars in Las Vegas, Reno, Kansas City and St. Louis. The casino trips were "pretty much random, and it was up to Ramona," program manager Jack Cline testified. "She'd make a phone call to (Brooks) to get the car and we'd go out to Prairie Meadows for a few hours." Scaglione is not included in the fraud case, but instead is charged with making a false declaration that he knew nothing about CIETC employees who drank and gambled on company time. Defense attorney John Hearn said Monday that Scaglione responded accurately in his November 2006 testimony to grand jurors.

Scaglione was asked compound questions that forced him to respond with a "yes" or "no" to questions that involved both alcohol and gambling, Hearn said. Two of Scaglione's co-workers testified Monday that he was part of a group that made frequent casino outings in the two or three years before Cunningham's tenure at CIETC ended. Scaglione was also invited, but did not participate, in a regular Thursday afternoon poker game at the house of CIETC counselor Sam Fucaloro. "He was kind of a last resort if I couldn't get a fourth in the hand," Fucaloro testified, recounting one conversation with Scaglione about a record pot that totaled $7,994. Fucaloro said it was common knowledge among CIETC employees that he, Cline, Brooks and Scaglione were part of a group that received special privileges.

Responding to questions from Hearn, Cline said he would not consider the gambling excursions to be personal time since they were at Cunningham's request. "What happened if you went against Ramona?" Hearn asked. "Generally, you wouldn't want to do that," Cline responded. "She could take action against you." Cline and Fucaloro described themselves as employes of CIETC's successor agency, Iowa Employment Systems at Des Moines Area Community College. CEDAR RAPIDS Starch facility workers ratify contract early Workers at Penford Products which endured a 78-day strike at the starch production facility in 2004, ratified a three-year contract two years early on Thursday, giving the company labor security as it plans an expansion.

DENISON Police investigating fight arrest three men Three Denison men have been charged with attempted murder in connection with a July 28 fight that left a man critically injured, authorities said. The Crawford County sheriff's department said those arrested are Soyner Umanzor, 23; William Cruz, 34; and Pedro Alvarenga, 30. Several men were injured in the fight, including Jose Ser-rator-Gonzales, 30, who was taken to Nebraska Medical Center in Omaha, where he was listed in critical condition with a head injury. WATERLOO Crisis calls increase for gambling treatment Waterloo Allen Hospital's Gambling Treatment Program received 18 crisis calls in July, up from five in June. The number of people seeking treatment for the first time increased from four in June to 1 1 last month.

The Isle of Capri casino opened for business on June 30. The program's clinical director, Stephanie Lawrence, said people with addictions often don't seek immediate help, so she doesn't expect the numbers to plateau any time soon. DUBUQUE Court finds school not liable for punch A jury says the Dubuque school district is not at fault for a punch thrown by Dubuque High School basketball player Alan Burds against Adam Fas-selius. A lawsuit filed in 2004 said Fasselius suffered permanent eye and vision damage after a fight with Burds during practice on Dec. 23, 2002.

ANAMOSA Prison on lockdown after attack on guards The Anamosa State Penitentiary was placed on indefinite lockdown Monday after inmate Miguel Perea, 20, assaulted two guards following a fight between inmates in an exercise area, officials said. Perea approached an inmate who was being escorted by prison staff to segregation after an earlier fight with another inmate and talked to the inmate in Spanish, officials said. A guard ordered Perea and the other inmate to stop talking, and Perea punched the guard several times in the face, officials said. DURANT Man gives up license after sex conviction Durant teacher John Klopp has voluntarily surrendered his teaching license after the Board of Educational Examiners last Friday voted to permanently revoke his license. Klopp was convicted last spring of sexual exploitation.

He pleaded guilty in court earlier this year, records show, and he is on a suspended prison sentence with probation and a no-contact order. HOSPERS Department: Runoff likely caused fish kill The Iowa Department of Natural Resources said a fish kill on the Floyd River in Sioux County west of Hospers was probably caused by a manure runoff from a large feedlot. More than two inches of rain fell in the area on Friday and Saturday, which may have contributed to manure washing into the Floyd River. tion in public accommodations based on sexual orientation, race, religion or disability. Since the Patton-Imanis declined to sign the agreement, YMCA officials will wait for more direction from the human rights commission before the policy change is official, spokeswoman Jackie Feddersen Matt said.

Patton-Imani said the agreement Monday also left out key demands: $5,000 to establish two legal aid funds to handle legal issues related to gay, lesbian, transgender and bisexual families; and a free lifetime family membership. Scott Beattie, attorney for the YMCA, said the organization The athletes competed; he cheered them on, often traveling to games on the team bus. He was a fixture on the sidelines. In the old photos, there's Duane with football coach Gayle Burgett and some players. He's holding an autographed football.

There he is, accepting a citation calling him "Urbandale's greatest athletic booster." Jay Pattee, who played on the fine Urbandale teams of the late 70s, says Haines helped the J-Hawks beat Ankeny for the conference championship. Before the big game, the J-Hawks were huddled in the gym, waiting to board the bus for the short ride to Ankeny. "Everybody was tense," Pattee remembers. "It wasn't a good tense. Everybody was uptight, not saying anything, trying to focus.

It was obviously the most important game of the year. We were waiting for the coach to come in and give us a quick speech. All of a sudden Duane appeared in the gym." Without warning, he launched into a Knute Rockne speech. You're going to go over there, Duane yelled, and kick their butts. "The room went from real tense to real loose," Pattee says.

"Duane got the guys relaxed and laughing. We drove over there and beat a very good, undefeated Ankeny team." Shut them out. And a folk hero was born. "To this day," Pattee says, "some of us still talk about how half the credit for that victory goes to Duane. He added a lot to the Urbandale side of the scoreboard over the years.

You see somebody out there in a wheelchair, rooting unconditionally for the team. He inspired a lot of people to do their best." Columnist Marc Hansen can be reached at (515) 284-8534 or mahansendmreg.com does not give away memberships. The couple could apply for financial assistance if they cannot afford one, he said. When an agreement goes unsigned, commissioners must decide whether the ruling has been followed, human rights director Rudy Simms said. The Patton-Imanis nonetheless claimed victory Monday.

"What we wanted to do primarily was change the definition of family to be more inclusive," Patton-Imani said. The couple said they are unhappy with the process and will consider a lawsuit against the human rights commission for failure to include their demands in the agreement. Hundreds head to fair days early FAIR, from Page 1B There is no admission charge for entering the fairgrounds prior to opening day. During its official run, the fair has drawn more than a million people for five consecutive years. The 13,000 entries in the food contests, held for the first time in the Elwell Family Food Center this year, are a major draw.

"We have the country's largest fair food department," Food Superintendent Arlette Hollister said. "We've needed (a new location) for quite some time." Many food vendors are seizing the opportunity to open their stands early. "We opened our stand for the horse show last Saturday and Sunday," said Barbara Campbell, co-owner of Coney Corner. "They want us here every year, so we come early and stay open for the rest of the fair." The campgrounds are also buzzing with excitement. Roger and Jeri Horton said coming to the fair early is an essential part of their experience.

"We come as soon as they open that gate," Roger Horton said. "It's just like a family reunion here." But Chappell said people looking for the traditional fair experience should wait until it officially beings. "Most of the people are here for setup," Chappell said. "We are still in preparation mode, so it's not the same experience that you would get today as when it officially opens." Reporter Sarah Lefeber can be reached at (515)284-8065 Before Thursday To attend the fair before it officially begins Thursday, park in the north lot and enter through the gates. People attending before Thursday need pre-fair passes, which are available at the gates.

rorism efforts to Pakistan and Afghanistan. He called for sending two more U.S. military brigades to Afghanistan and developing stronger partnerships with European nations. Obama has said he would only send troops to Pakistan as a last resort to capture terrorists or if the country's officials failed to cooperate with the United States. "We can't honor that," Sandra Patton-Imani said.

"We're not going to be gagged on this." YMCA president Vernon Delpesce said the local branch would rewrite its rules to include adults who share a household. Couples would qualify for family status if they meet criteria on length of co-habitation, joint property purchases, and other areas addressed in "common-law" marriages. The move was made after the Des Moines Human Rights Commission ruled that the nonprofit's policy, which recognized only traditional families, might violate a city law that prohibits discrimina Goodwill. He lifts weights once a week at the health club. He goes to church every Sunday.

He visits family members, eats out. That's as normal as it gets. At the apartment, two of his sisters, Rachel Crandall and Becky Ervin, sit near a table covered with photos, newspapers stories and other memories. "Every time I see those pictures," Ervin says, "I want to cry." There's pre-school Duane, learning breath control from a speech therapist. Laughing at a clown during a Shriners picnic.

Sitting on a tricycle, braces on his legs, feet strapped to the pedals. Getting ready for an Easter egg hunt with the Iowa Society for Crippled Children and Adults. Posing with a physical therapist at the Des Moines Cerebral Palsy Center. There's Duane the young adult, amid a crowd of Urbandale Jaycees who helped him open a popcorn stand on 70th Street. Duane sitting in a motorized wheelchair after an Urbandale High student organized a concert to raise the money to buy it.

On his way to Washington, D.C., with a delegation of teens who have cerebral palsy. Today he's wearing a red shirt with an Urbandale J-Hawk on the front. In honor of the new state baseball champs? A red shirt and a big smile. When his parents died a few years ago, they left the kids some money. Haines immediately bought an Urbandale team jacket.

If Haines had been diagnosed today, he probably would have graduated from Urbandale. Mainstreaming wasn't part of the vocabulary when he was growing up. So his connection to the school was sports. Obama initially ruled out using nuclear weapons in Afghanistan or Pakistan, a statement he later qualified by saying there's "been no discussion of nuclear weapons." Harkin likened the nuclear talk among Democrats to President Bush's policy. "Bush policy is, you got a big stick, use it," Harkin said.

"You use tanks and you use huge weapons and massive military HANSEN, from PagelB Most do now, including Haines, who'll celebrate his 60th birthday during a celebration from 2 to 5 p.m. Sunday at Gloria Dei Lutheran Church in Urbandale. If you know him or remember seeing him in his wheelchair on the sidelines of all those Urbandale High School sporting events, drop by and say hello. "I'd like to thank all the people of Urbandale and Iowa," he says. Over the years, Haines touched a lot of folks, and a lot of folks touched him.

Part of it's the personality. "He's one of the most caring people I've ever met," says Amy Spangler, one of his caretakers. "He truly is." Two seconds after we meet in the Johnston apartment he shares with 28-year-old Mark Carton, who also has cerebral palsy, Haines wants to know if he can take me for a pizza. The smile has staying power, but the words come in bursts. Speech isn't easy.

Breathing and moving aren't easy. He has trouble swallowing, which means getting a pizza down takes some effort. He has spent his life in a wheelchair, but when he was young and fit and buff he used to move up and down the stairs with his arms. In 1991, he lost a leg in a fire. The skin grafts were excruciating, but his sisters say he never complained.

Duane is the oldest of eight kids. His father drove a semi. His mother worked at the old Kresge's store at Merle Hay Mall and later at Kmart. Life isn't easy, but he gets plenty of help. Spangler, Elias Njoroge and David Treager do the heavy lifting.

Their goal is to help their clients become more independent. "To enjoy life," Spangler says, "like the rest of us do." Five days a week from 8 to noon, Duane works at use of nuclear weapons. "Presidents, since the Cold War, have used nuclear deterrence to keep the peace," Clinton told reporters. "And I don't believe that any president should make any blanket statements with respect to the use or nonuse of nuclear weapons." Clinton was responding to comments made by fellow Democrat Barack Obama. Harkin slams candidates' stance on nuclear weapons By LISA ROSSI REGISTER AMES BUREAU U.S.

Sen. Tom Harkin, Monday criticized his party's presidential candidates who have refused to rule out using nuclear weapons in foreign policy. Last week, Democratic presidential candidate Hillary Clinton told reporters in Washington that presidents should be careful about discussing the to go after terrorists. "It's just wrong, not the way to beat terrorists." Harkin went on to criticize policy statements on how to deal with Pakistan. "You're going to drop a bomb in Pakistan? They do have nuclear weapons themselves, folks," he said.

Last week, Obama called for withdrawing troops from Iraq and redirecting anti-ter-.