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Andrew Mertens, Executive Director of  Iowa Association for Justice, shares letter of concern with people of Iowa: “Criminal charges of illegal gambling against four student athletes in Story County were recently dismissed because the Iowa Department of Criminal Investigation (DCI) unconstitutionally invaded the privacy of student athletes and non-athletes alike.  This unconstitutional invasion of student privacy was partly uncovered, in the face of DCI and State obstruction, because the students’ attorneys were  ultimately able to issue investigative subpoenas to gather evidence of the DCI’s warrantless unconstitutional activities. This entire investigation has been a black mark for Iowa’s Department of Criminal Investigation.   “Alongside this scandal, the Iowa Attorney General's Office, with help from an active DCI agent who serves in the State Senate, is trying to pass a law (SF 2349 / HF 2616) that would practically eliminate the use of investigative subpoenas by attorneys representing the criminally accused. The Iowa Attorney General and the State Senator are attempting to prohibit defense attorneys from utilizing the very same subpoenas which helped in their cases. These subpoenas are vital tools, especially when the State attempts to cover up evidence of their own misdeeds, as they’ve done in the gambling cases.   “Lawyers in the gambling probe case firmly believe that the state was intentionally hiding evidence. Specifically, that GeoComply rescinded DCI’s access to the surveillance technology. Had the Attorney General's pending bill (SF 2349 / HF 2616) been law, these cases would have likely never been dismissed, ruining the students’ athletic careers, and the vast invasion of student privacy at our state universities would have never been uncovered. Moreover, lawyers for the accused athletes also feel that they are only scratching at the surface of what the state is hiding as it pertains to this scandal, and the Attorney General’s pending bill could have let the DCI get away with their unconstitutional warrantless invasion without consequence.   “Under existing Iowa court rules, defense attorneys face stringent requirements in order to subpoena evidence. The Attorney General's pending bill seeks to practically eliminate this already limited but necessary investigatory tool in criminal cases. In civil cases, on the other hand, where money is on the line rather than an individual’s freedom, attorneys defending insurance companies or the state have much broader ability to subpoena evidence under existing court rules.    “The ability to depose witnesses, investigators, and involved parties is equally necessary. It was the deposition of DCI Special Agent Brian Sanger which revealed that the state was conducting warrantless surveillance of these student athletes, in violation of their constitutional rights. In a separate legislative proposal that is pending at the Capitol (SF 525), state prosecutors are trying to practically eliminate the rights of the accused to depose witnesses and investigators.    “It all begs the question: are these legislative proposals motivated by the state’s desire to hide their conduct during this and similar investigations? Should they be held to account, or allowed to run roughshod over Iowans’ constitutional rights?    “On Wednesday morning (March 6, 2024) the active DCI agent serving in the State Senate spoke about this brewing scandal. (Video here https://t.co/720Op06VDM starting at 9:06:27) To him, the ends justify the means. To him, the fact that evidence was unconstitutionally gathered is irrelevant if it led to guilty pleas. This unapologetic posture from state law enforcement should be a wakeup call to every Iowan who is concerned about their right to privacy.”