In mid-August, two Carroll Community School District (CCSD) officials and two from the City of Carroll signed a communication on joint letterhead addressed to Carroll County Attorney, John Werden. Mayor, Dr. Eric Jensen; City Manager, Mike Pogge-Weaver; CCSD Superintendent, Dr. Casey Berlau, and CCSD Board President, Karen Friedlein, broached the option of enhanced penalties on drug and weapons charges in protected areas. They write about incidents that drew community-wide attention last year when two female residents of Fairview Village Apartments were arrested on drug and weapon charges. “Last fall, the City of Carroll Police Department enacted a 24/7 police detail to the area with a ‘zero-tolerance’ policy to any and all criminal activity,” this group wrote. “We don’t believe the same was exercised by your office.” Werden says there was no communication with him prior to the letter, but he thought it a great opportunity to meet and discuss common ground and to clear up some misconceptions. The first regarding zero-tolerance policies in general.
The request, based on those two incidents last year, reminded him of a quote from Saul Alinsky’s book, “Rules for Radicals,” “Never let a crisis go to waste.”
It cannot be underscored enough this was a serious situation and the concerns need to be addressed, but he does not believe this is the solution. Instead, Werden says it is a fair characterization to call this fear mongering, yet he believes all involved were acting in good faith. Werden has taken an oath to uphold the Constitution and equality of justice, and a bureaucratic-led enforcement effort will not be met with acceptance by him or his office. These penalties initially sound like a good idea, but he says it is really just a jingle.
Werden also supplied a copy of a memo from the U.S. Attorney General, which rescinded the zero-tolerance policy on a federal level on Jan. 26 of this year.
One of the other issues is the focus on only the Fairview Village Apartments.
Werden says city and school officials were mistaken in their understanding of the legal means to handle the issues. Implementation of a so called “drug free zone” includes an addition of 100 hours of community service to the possession charges. Werden rejects this out of hand.
The penalty enhancements created some untenable ideas for punishment.
He also says we should expect more from our leaders.
And, he adds, there was no revelation from the city manager or superintendent on how to do his job.
Werden polled all Iowa county attorneys about who was using a zero-tolerance policy to add community service and asked if this is the silver bullet to stop the use of marijuana. In fact, he adds, most rational people can figure out where the state of Iowa will be on the issue of marijuana possession in the next five to 10 years. Carroll Police Chief, Brad Burke, says there has been no possession of marijuana charges levied yet this year against anyone at the Fairview Village Apartment complex. However, he adds, this is because of an issue previously brought before the council when he asked for a policy change.
Werden says one area of common ground between all parties is the use of enhancements for drug dealers, drug dealers with firearms, burglars with firearms, etc. He works with these enhancements every day and asks the judges to implement them every day. However, he says, so many people do not understand how the system works in that it is up to the County Attorney to bring the charges to the court, but the judge is the one who determines the level of punishment, whether it be incarceration or suspension and probation. Copies of the associated documents and details about charges so far this year from the Fairview Village Apartments are included below. Jensen, Pogge-Weaver, Berlau and Friedlein declined to comment on the letter or subsequent meeting.
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Carroll Police Department charges in 2021 at Fairview Village Apartments, up to Sept. 1:
1 possession of methamphetamine case
1 possession of marijuana—was less than five grams so could not be charged
1 possession of marijuana—a juvenile so was forwarded to juvenile court
1 weapon case—reports of shots fired and a shell casing was found.
Click on each link to open associated documents:
Letter from City of Carroll and Carroll Community School District To County Attorney, John Werden
Map of 1,000 foot drug free zones in Carroll
John Werden legal notes from meeting
John Werden enhanced legal penalty codes 2021
John Werden pertinent case law
