The Gazette from Cedar Rapids, Iowa • 7

Saturday, July 18, 2009 fffrtfawttf 7A Sex ofTender loses bid to stop commitment WEST LIBERTY Mary Lucile Davisson of Cedar Rapids, formerly of West Liberty, died Thursday, July 16, 2009, Fq at Evergreen Estates in Ce calculated his release date as July 2008, but he should have been freed in his sentence was unlawfully extended based on laws passed since he'd i been in prison. The Black Hawk County District Court found that his rights were vir lated because corrections officials used laws put in place after his incarceration to calculate his re-. lease date. Based on that finding, it said the state failed to file a timely petition for civil commitment. However, in its ruling, the Supreme Court found that the state was keeping Shaffer confined "under a good faith belief," noting September 2007.

In October 2007, the state Attorney General's Office filed a petition to have Shaffer civilly committed as a sexually violent predator over concerns that he is at high risk to reoffend. The petition for commitment asked for a separate, civil trial that could place Shaffer indefinitely in state custody where he would undergo treatment. Shaffer then filed applications for post-conviction relief arguing that mr dar Rapids. Funeral services will be 11 a.m. Wednesday, July 22, at Henderson- Barker Funeral Home in West Liberty, with visitation from 10 a.m.

until service time. Burial: Oak Ridge Cemetery. Memorials may be made to the West Liberty Public Library. Online condolences may be made to the family at www.hendersonbarker funeralhome.com Mary Lucile, 97, was born Dec. 3, 1911, in Atalissa, Iowa, the daughter of Perle and Julia Watters Britton.

She graduated from West Liberty High School in 1928. On March 29, 1942, she was united in mar riage to Marlon Davisson in West Liberty. The couple farmed south of West Liberty for many years. She was a member of First Church United, South Prairie Grange and was past Noble Grand of the local Rebekah Lodge. Lucile is survived by two sons, Marvin (Barbara) Davisson of Phoenix and Paul (Angle) Davisson of Cedar Rapids; and four grandchildren, Sarah of Winchester, Va Amanda and Susan of Phoenix and Michael of Cedar Rapids.

She was preceded in death by her her sister, Norma; and her husband, Marion. THE LOG DES MOINES (AP) The Iowa Supreme Court on Friday ruled that even though a convicted sex offender was still in prison when he should have been released, a hearing to commit him indefinitely as a sexually violent predator can move forward. The case involves Galen Shaffer, 33, who was convicted in 1995 in Black Hawk County of sexual abuse and was serving 25 years at the Anamosa State Penitentiary. According to the ruling, the Iowa Department of Corrections mistakenly mmm. 28 J31 JA 1 ii sa district court's decision to dismiss the application for civil commitment.

The case is being sent back for further proceedings. A telephone message left for a public defender listed for Shaffer in court documents wasn't imine-. diately returned. The Attorney General's Office said Shaffer remains in custody at a facility in Newton in central Iowa while the commitment proceedings move forward. Officials say the proceedings could happen within 30 to 60 days.

IOWA NEWS lowans reject idea of buttery Michael Jackson DES MOINES -The Iowa State Fair's annual butter sculptures will not feature a moonwalking Michael Jackson. The fair had planned to include the pop singer who died June 25 in a buttery display celebrating the lunar landing in 1969, but word of the plans prompted complaints. They responded by putting the issue to an online vote. The result released Friday wasn't close with more than 100,000 votes, Jackson lost 65 percent to 35 percent. Voters couldn't com- ment about the reasons for their stands, but fair spokeswoman Lori Chappell said earlier complaints focused on Jackson's lifestyle.

The fair, which starts Aug. 13, will feature the lunar landing sculpture as well as the annual life-size butter cow. Iowa doctor charged with sterilizing woman DES MOINES -An Iowa Falls surgeon is accused of sterilizing a woman despite her objections. The Iowa Board of Medicine said Dr. George Pfaltzgraff performed a tubal ligation on a woman last year.

Board documents say the patient told Pfaltzgraff she did not want the operation, which involves cutting, blocking or tying a woman's fallopian tubes. The operation sterilized the patient permanently. The board, which licenses physicians, has charged Pfaltzgraff with failing to conform to the minimal standard of acceptable and prevailing practice of medicine in Iowa. Pfaltzgraff is a general surgeon at Ellsworth Municipal Hospital in Iowa Falls. A hospital spokes- woman he remains an active member of the staff.

wm, u.tt.J.Z..u-. t. ...7 The boyhood home of famed astrophysicist James Van Allen In Mount Pleasant, slated to be razed after being sold at auction last month, will be donated to the Henry County Heritage Trust and moved two blocks. Van Allen boyhood home saved from razing that he never challenged his release date until the application was filed for civil commitment under the Sexually Violent Predators Act. "We refuse to hold the Legislature intended the SVP Act to require the attorney general to second-guess the Department of Corrections' calculation of indeterminate sentences when the person subject to the sentence has not done so," the Supreme Court wrote.

It concluded that Shaf- fer was "presently confined" as required under the act and it reversed the AP ing donations to help with the cost of moving the two-story house, which White expects will exceed $25,000. The house must be moved by Sept. 1, and officials hope the museums can open next summer. The Van-Allen radiation belts that circle Earth are named for James Van who worked with the U.S. space program in its early days and was a noted UI professor for decades.

Contact the writer: (319) 339-3158 or diane; heldtgazepmm.com the party that has been wracked by dissension between the Christian Right and more traditional Republicans. A poll released earlier this week by showed 53 percent of lowans think they'd like a new gov ernor. Only 36 percent thought Culver, a West Des Moines Democrat, should get a second term. However, in a succeeding poll of registered voters, Culver defeated both Bob Vander Plaats and Rep. Christopher Rants in head-to-head matchups.

Christian Fong of Ce- dar Rapids, Rep. Rod Roberts of Carroll and Sens. Jerry Behn of Boone and Paul McKinley of Chariton also have indicated interest in the GOP nomination. Branstad did not respond to requests to comment on the poll. For further discussion go to www.

coveringiowapolitics.com Contact the writer: (319) or at James.lynchgazcomm.com i Owner donates to history group for preservation By Diane Heldt The Gazette The boyhood home of famed astrophysicist James Van Allen will get a new lease on life. The 147-year-old home in Mount Pleasant was auctioned off last month after a local non-profit group could no longer afford to operate it as a museum. Neighbor Lee Pen- nebaker purchased the property for $40,500 and had planned to raze the house. But after the sale, area residents decided they couldn't let the historical treasure meet that fate. Pennebaker has agreed to donate the house to the Henry County Heritage Trust." That group will move the house two blocks, relocating it near Saunders School, which is the future home of a Henry County museum.

"It's an exciting proposition that we're going to move the Van Allen house and ultimately maybe create Information for The Log is collected by The Gazette from public safety agencies and court- ty attorney offices in Eastern Iowa. The charges in this log are merely accusations until proved in court. OPERATING WHILE INTOXICATED ARRESTS Johnson CountyIowa City Seth D. Wessels, 21, of 217 Myrtle Avenue, Iowa City; 2:27 a.m. Friday at Market and Clinton streets, Iowa City.

Philip M. Pfundsteln, 23, of Waterloo; 2:01 a.m. Friday at Melrose Avenue and Melrose Court, Iowa City. Whitney R. Overmire, 21.

of 2175 Kountry Lane SE No. 3, Iowa City; 1 a.m. Friday at Gilbert and Court streets, Iowa City. ASSAULT CHARGES Linn CountyCedar Rapids Jason D. Blackcloud, 35, no address; for assault causing bodily injury; accused of striking Justin Smith on Monday at the Linn County Jail.

Shane Manley, 36, of 106 Sixth Ave. SW; for assault causing bodily injury; accused of striking Kevin Bottoms on Wednesday at Bottoms' residence, 412 Seventh Ave. SW. Shewarence D. Glbbs, 29, of 926 First Ave.

NE; for assault while displaying a dangerous weapon; accused of attempting to strike Robyn Randolph with his car Thursday in the 900 block of First Avenue SW. Johnson CountyIowa City Francisco Javier Verdlnez-. Hernandez, 26, of West Liberty; for assault causing serious injury; accused of hitting, scratching and biting a man on Dec. 4, 2005 at 21 Sturgis Corner, Iowa City. Police refused to allow public access to public records containing the victim's identity.

Shawn A. Augustine, 28, of Tiffin; for domestic assault causing injury; accused of pushing, striking and standing on his girlfriend at his residence on July 3. Jonathan E. Hemingway, 22, of 5544 280th St. NE, Iowa City; for domestic abuse assault without intent causing injury; accused of pushing the mother of his child to the ground and kicking her multiple times Tuesday.

HARASSMENT CHARGE Johnson CountyIowa City Thresa M. Parker, 29, of 207 Myrtle No. 4, Iowa City; for first-degree harassment; accused of telling a man Sunday in Iowa City that he didn't know what it was like to have an M60 to his and head and she was going to shoot him in the face. BURGLARY REPORTS Linn CountyCedar Rapids Residence at 3115 Leonard Terrence NE, Cedar Rapids; between 5:30 and 6 a.m.; Sunday. POLITICS Poll finds Branstad best bet to defeat Culver To donate Donations to help move the James Van Allan House can be sent to the Henry County Heritage Trust at P.O.

Box 333, Mount Pleasant, 52641. some type of historical complex," Pat White, secretary-treasurer of the Henry County Heritage Trust, said. "The reality of it actually being torn down sunk in for a lot of folks after the sale." The Henry County Heritage Trust is seek Branstad said, then added, "but I love what I'm doing." In addition, Branstad, who has been respectful toward his successors, reportedly skewered Culver at a recent Rotary luncheon in Cedar Rapids. Republicans, some not excited about any of the current candidates and others who recall Brans-tad's four statewide victories, have talked about drafting him. Branstad as the nominee would give the party a better chance of winning the governor's office, which Republicans held for three decades until Tom Vilsack succeeded him, and, perhaps, unite "Someone taught me a long time ago you don't rule anything out, but I love what I'm doing." Terry Branstad, Iowa governor for 16 years Harlan man charged wtntte vmt covery of dead and neglected animals in Shelby County has resulted in animal neglect and other charges being filed against Darvin Lund, 55, of Harlan.

Lund was released on $1,300 bond after being charged with 50 counts of failure to dispose of dead animals and two counts of animal neglect. Authorities said Shelby County sheriff and Environmental Health Department investigators discovered about 40 dead sheep on Lund's property. Twelve other sheep carcasses were in a state of decomposition. Several other animals were in need of food and water. Associated Press rwe've Former governor now focusing on university in D.M.

By James Q. Lynch News correspondent After a poll showing that despite a majority of Iowa voters favoring a change at Terrace Hill Gov. Chet Culver would win a second term if matched against either of the two leaders for the GOP nomination, Republicans may have found their man. A poll commissioned by ThelowaRepublican. com found former Republican Gov, Terry Brans-tad would defeat Culver by 16 points, 53 percent to 37 percent.

There's a catch. Brans-tad, now the president of Des Moines University, has repeatedly said he's not interested in running for governor again. He held the job for 16 years longer than any other Iowan. In a late June interview, Branstad laughed at the suggestion he would be the party's nominee. "I have people ask me about that every day, but 'that's not my focus.

My focus is Des Moines University and Gov. Chet Culver Running for second term what I can do there," Branstad said. However, he didn't close the door completely. "Someone taught me a long time ago you don't rule anything out," 1 Moved!.