Professional Documents
Culture Documents
Item #14-000866
Complaint
STATE OF IOWA
Vs.
Defendant
Complaint
Class B Felony
The defendant is accused of the crime of Sexual Abuse in the Second Degree in violation of (Section 709.3 of the Code of
Iowa) or Ordinance No. __
of the City of __
2014, at the
residence of 207 South 3rd Street, Sac City, Iowa in Sac County, did
have sex with an eight-year-old
victim.
Dated
Address
STATE OF IOWA,
COUNTY OF SAC, ss.
I, the undersigned, being duly sworn and under
oath; state that the following facts known by me or told to me by the other
reliable persons form my belief that Mathew Todd Kleve the defendant committed the crime charged.
On Sunday; October 12, 2014 at approximately 2304"hours, I was dispatched to the residence of 207 S. 3rd Street in Sac City for a
report of a child sex crime. On the scene, I was met by the victim's mother who advised me her 14 year old son had disclosed to her
that his cousin Mathew Kleve age 23 had raped him in their home on Saturday, October 4,2014. I spoke with the child, who stated that
while his family was outside Kleve forced him to go to the basement and performed anal sex on him. The victim advised that Kleve has
been doing this to him since he was 8 years old when they lived in Schaller, Iowa. He stated that he estimates he has been raped by
the defendant at least 50-60 times since then and that he kept him quiet by threatening to kill his family if he ever disclosed what he
was doing to him. On Tuesday, October 14, 2014, Sac City Asst. Police Chief and I went to Cherokee and interviewed Kleve at the
Cherokee Police Department. Kleve admitted in a video recorded interview room that he had raped him on the 4th of October and that
he had been doing it since the child was 8 years of age.
.
d:).r.
c..l
__
Signature
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Complainant, on
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MAN
Number 786032
CormIission ~
ember 11. 2lL./.:l...
02811 FECR012679
VS
MATHEW TODD KLEVE
Defendant
ORDER
TO ISSUE WARRANT
At the request of the Sac City Police Department, the court orders that a warrant for the defendant's
arrest shall issue with the "no bond" provisions checked.
1 of 2
Case Title
STATE VS MATHEW TODD KLEVE
OTHER ORDER
So Ordered
2 of 2
"]
8'* ^ ^
MAGISTRATE DIVISION
STATE O E IOWA,
Plaintiff
M A G I S T R A T E NO.
vs.
INITIAL APPEARANCE
Defendant
I cw a.
The Court ad-vises the Defendant as follows:
1.
That he/she has the right to remain silent That any statement made by the Defendant can and
would be used against him/her in a Court of law. That he/she has the right to have an attorney
present at all stages ofthe proceeding and, if the Defendant is unable to afford connsel, that, upon
proper application, one would be appointed for them.
3. That the maximum punishment for a plea of grotty or conviction ofthe above charge is:
One Year County Jail
^y.
3 S
Years Prison
And/Or $
Fine
4.
That to obtain the services of an attorney at fhe expense of the State of Iowa, application for
Court-appointed counsel must be completed, reviewed by the Sac County Attorney and filed with
this Court
(a)
You will be released from custody prior to trial on your own promise to appear at all
farther court proceedings. If yon willfully faQ to appear before any court as required, you shall be
guilrypf a Class D felony/serious misdemeanor; or
(b)
(Jf appropriate) Upon consideration of the factors in Section 811.2, thc Court io not
i-aagraypriry Timnrnl fhitynn iiiTl upprnr nt nH tioirrt prorrrilfu^I in llll lilllli'i ttrtll IniTrtorr mr
Court impocas tha following coBdiiyiM on jjbur rolp
6. Defendant
^ S ^ ^ ^ a j ^ S ^ ^ s J a ^ t i s ^ A ^ i hfidto determine
^ d ^ n tis/entrfled
^ ^ ^ e ^ t ^t&
^ ^a'pr^Imuflar^lfie^rmg'
r^mi^
whether sufficient evidence exists to justify fanner prosecution ofjthe Defendant as charged. Prior to a
preliminary hearing, the Defendant is informed that a Grand Jury may indict him/her, or a Trial Information
may be filed by the Connty Attorney of this connty.
7.
The Defendant is informed of his/her rights to a preliminary hearing and preliminary hearing is:
VL
t A M . in the
Jf-a preliminary hearing date has been set, yon should contact the county attorney at (712]) 662-4791
before attending this hearing to determme whether or not it wiD be held.
$f * C 0 (Lsr
If you require fhe assistance of auxiliary aids or services to participate in court because of a disability,
immediately call your district ADA coordinator at (641) 421-0990. (Sf you are hearing impaired, caD Relay love a
TTY at 1-800-735-2942.)
Warren L. Bush
Copies to:
County Attorney
Defendant
Sac County Sheriff
Judicial Magistrate
28IMJCT27 AM 8:21
IN T H E I O W A DISTRICT C O U R T F O R
S T A T E O F I O W A or
Sac
)
)
j
)
)
)
)
Plaintifl/Petitioner,
Defendant/Respondent.
COUNTY
A Criminal
Civil
No.
FINANCIAL AFFIDAVIT/APPLICATION
FOR APPOINTMENT OF COUNSEL
In support of my application for appointment of connsel, and under penalty of perjury, the undersigned states:
Name: M r t t H
A J
\f J ^ J &
I
Apt#
lX^ft&fre,
City
A < S l j / i -
State
Zip
In J a i t t ^ Y e s No
BirthDate: / 0 / / / / / 9 3
>, u>
^/Jl.-Qfrl/
Street/P.O*. Box
t V ^ A - I1")I A \ T . C j M
O t r t -fr
i
t
How much money do you currently make before taxes or deductions? ' / 4 , f ' 5
per"Xhour
month year
How much money have you made in the last 12 months from any source, before taxes or deductions?
i
<^
I f a spouse lives with you, how much money does your spouse make?
per
P '
''
List all other money you, or anyone else living in your household, has coming in:
il
List what you own including money in banks, cars, trucks, other vehicles, land, houses, buildings, cash, or anything
else worth more than $100: f ^ j T V - T . M n - f C < T C I f .-,
Hf\
bf%r\*l
List amounts you pay monthly for mortgages, rent, car loans, credit cards, child support, or any other debts:
I understand I may be required to repay the State for all or part of my attorney fees and costs, I may be
required to sign a wage assignment, and I must report any changes in the information submitted on this
financial affidavit. I promise under penalty of perjury that the statements I make in this appUcation are true
and that I am unable to pay for an attorney to represent me.
Date/O - l k " / V
Signature
>
H T \ U " H A J ' J_ A S
STATE OF IOWA,
PLAINTIFF,
VS.
MATHEW TODD KLEVE ,
02811 FECR012679
ORDER RE:
APPLICATION FOR APPOINTMENT
OF COUNSEL
DEFENDANT.
The defendant has made application for appointment of counsel at public expense.
Based upon the information provided by the defendant, the Court finds as follows:
The Defendant has income at or below 125% of the guidelines, not appointing would cause financial
hardship.
1 of 2
Case Title
STATE VS MATHEW TODD KLEVE
ORDER APPOINTING
So Ordered
2 of 2
Plaintiff,
v.
TRIAL INFORMATION
COUNT 1
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,
Iowa, and in the name and by the authority of the State of Iowa, accuses
MATTHEW TODD KLEVE (Defendant) of committing the crime of SEXUAL
ABUSE IN THE SECOND DEGREE, a Class B Felony in violation of Iowa Code
Sections 709.3(2), 709.1(3), and 702.17, as follows: On or about October 4,
2008, in Sac County, Iowa, the Defendant performed a sex act with John Doe, a
minor under the age 12.
COUNT 2
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County,
Iowa, and in the name and by the authority of the State of Iowa, accuses
MATTHEW TODD KLEVE (Defendant) of committing the crime of SEXUAL
ABUSE IN THE THIRD DEGREE, a Class C Felony in violation of Iowa Code
Sections 709.4 709.1 and, 702.17, as follows: On or about October 4, 2014, in
Sac County, Iowa, the Defendant performed a sex act with John Doe, who was
fourteen or fifteen years of age, and Defendant and John Doe are related by
blood or affinity to the fourth degree; Defendant was in a position of authority
over John Doe, and Defendant used that authority to coerce John Doe to submit;
and / or Defendant is four or more years older than John Doe.
A TRUE INFORMATION
____________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
WITNESS LIST
MARK JANSMA, Assistant Chief of Police, Sac City Police Department
STACEY CARLSON, Peace Officer, Sac City Police Department
JOHN DOE, a Juvenile specifically identified in the Minutes of Testimony
AMY SCARMON, LMHC, Mercy Child Advocacy Center, Child Protective Worker
ANGELA JOHNSTON, Department of Human Services, Child Protective Worker
Case Number
FECR012679
Case Title
STATE VS MATHEW TODD KLEVE
On this date, I have reviewed the attached Trial Information and the accompanying Minutes
of Testimony and find that they contain evidence which, if unexplained, is sufficient to
warrant a conviction by a trial jury. Being satisfied from the showing made that the case
should be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
page 4 of 4
Plaintiff,
v.
AND BOND
Defendant.
Case Number
FECR012679
Case Title
STATE VS MATHEW TODD KLEVE
So Ordered
page 2 of 2
Date: 11/12/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff
FECR012679
No.
vs.
2RCR15
STATE OF IOWA,
PLAINTIFF,
vs.
MATHEW TODD KLEVE ,
ORDER
DEFENDANT.
The media coordinator has filed a Request for Expanded Media Coverage. If
either the State or the Defendant has any objection to this request, they should file a
document so indicating on or before the 9:00 a.m. hearing on November 17, 2014. If
any objection is filed on or before the 9:00 a.m. hearing on November 17, 2014, the
Court will schedule further proceedings to resolve the dispute. If no objection is filed
on or before the 9:00 a.m. hearing on November 17, 2014, the pending Request for
Expanded Media Coverage will be granted without further notice, order, or hearing.
If objections are filed they will be heard at 9:00 a.m. on November 17, 2014.
IT IS SO ORDERED.
Case Title
STATE VS MATHEW TODD KLEVE
OTHER ORDER
So Ordered
2 of 2
2RCR02
vs.
MATHEW TODD KLEVE ,
DEFENDANT.
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on
November 17, 2014.
2. The Defendant's name as charged in the Trial Information is true and correct.
3. Defendant demands the right to speedy trial.
4. Defendant is represented by James Schall.
IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case
shall commence on January 27, 2015 at 9 a.m.
IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 01/12/2015
at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa.
If the Defendant chooses to take depositions of minuted State's witnesses,
depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions
of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may
depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions
shall be at public expense. Upon Defendant's request, the State is ordered to disclose
evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary
discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the
Defendant opts to request discretionary discovery and the State requests reciprocal
discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3).
Either party may object to the order for discretionary discovery and have the matter set
for hearing. The State shall disclose any exculpatory evidence, including any evidence
relating to the credibility of minuted witnesses.
1 of 3
2 of 3
Case Title
STATE VS MATHEW TODD KLEVE
ORDER SETTING TRIAL
So Ordered
3 of 3
Plaintiff,
v.
OTHER ORDER
Case Number
FECR012679
Case Title
STATE VS MATHEW TODD KLEVE
So Ordered
page 2 of 2
2rcr05
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Case No. 02811 FECR012679
Plaintiff,
vs.
MATHEW TODD KLEVE ,
ORDER
Defendant.
1 of 3
2 of 3
Case Title
STATE VS MATHEW TODD KLEVE
OTHER ORDER
So Ordered
3 of 3
2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MATHEW T KLEVE
COURT REPORTER
MEMORANDUM AND
CERTIFICATE
Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Benjamin Smith
For the Defendant: James Schall
Other:
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Nancy A. Timmons, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: guilty plea
2. The date(s) on which the proceeding occurred: January 26, 2015
3. The name of the court reporter who reported the proceeding: Nancy A. Timmons
4. The name of the judge who presided over the proceeding: William C. Ostlund
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.
/s/ Nancy A. Timmons
___________________________________
District Court Reporter
1 of 2
Case Title
STATE VS MATHEW TODD KLEVE
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
Defendant.
COMES NOW the State of Iowa, by the Sac County Attorney, Ben Smith,
and states the following in support of its motion: The DOC Officer charged with
preparing Defendants PSI report has asked for additional time to complete said
report.
WHEREFORE, the State of Iowa respectfully requests that this Court
enter an order rescheduling the plea and sentencing hearing to March 9, 2015.
__________________________
Benjamin John Smith
Sac County Attorney
Sac County Courthouse
100 NW State St., Suite 9
Sac City IA 50583
Telephone: 712-662-4791
Email: attorney@saccounty.org
Plaintiff,
v.
MATTHEW TODD KLEVE,
ORDER RESCHEDULING
SENTENCING HEARING
Defendant.
This matter came before the Court on the States Motion to Reschedule
the Sentencing Hearing. The Court, upon reviewing the record and being
advised in the premises FINDS and ORDERS that for the reasons set forth in
the States Motion, the sentencing hearing shall be and is rescheduled to March
9, 2015, at 9:30 a.m., in the courtroom at the Sac County Courthouse, Sac City,
Iowa 50583.
OTHER ORDER
Case Number
FECR012679
Case Title
STATE VS MATHEW TODD KLEVE
So Ordered
page 2 of 2
2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
vs.
MATHEW T KLEVE
COURT REPORTER
MEMORANDUM AND
CERTIFICATE
Defendant.
COURT REPORTER MEMORANDUM
(The court reporter shall file this memorandum with the district court clerk.)
Appearances:
For the State: Ben Smith
For the Defendant: James Schall
Other:
Information required by Iowa Rule of Civil Procedure 1.903(3):
I, Amy Lampman, am providing the following information as required by Iowa Rule of Civil
Procedure 1.903(3):
1. The type of proceeding that was reported: sentencing hearing
2. The date(s) on which the proceeding occurred: March 9, 2015
3. The name of the court reporter who reported the proceeding: Amy Lampman
4. The name of the judge who presided over the proceeding: James A. McGlynn
5. The reporting fee for the proceeding: $40.00
6. We, the undersigned judge before whom the above-entitled case was tried, and the
official court reporter who, by order of the Court, reported the same, do hereby certify that the
above and foregoing is the report of the whole proceedings upon the trial and/or hearing of
the above-entitled cause made and taken pursuant to the order and direction of the Court, in
accordance with Iowa Code Section 624.10.
/s/ Amy Lampman
___________________________________
District Court Reporter
These notes were electronically filed.
1 of 2
Case Title
STATE VS MATHEW TODD KLEVE
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered
2 of 2
SENTENCING ORDER
Defendant.
Date of Hearing: March 9, 2015
Charge: Count I, Sexual Abuse in the Second Degree, in violation of Iowa Code
Sections 709.3(2), 709.1(3) and 702.17.
A sentencing hearing was held on the above date. The Defendant appeared
personally and with his attorney, James Schall. The State of Iowa was represented by
Benjamin Smith of the Sac County Attorneys Office. The Court fully complied with
IRCrP 2.23(3) and all other laws applicable to the sentencing portion of this criminal
prosecution.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:
1. The Defendant is adjudicated to be guilty of the above-described crime.
2. Pursuant to Iowa Code Section 902.9, the Defendant is sentenced as set forth
in Attachment A to this Order.
3. The Defendant was informed of his right to appeal his sentencing and
conviction to the Iowa Supreme Court. Appeal bond is fixed in the sum of $25,000.
4. Defendant's appearance bond, if any, is exonerated.
5. Upon motion by the county attorney, the remaining Counts of the Trial
Information are dismissed.
-2-
ATTACHMENT A
IT IS THE JUDGMENT AND SENTENCE OF THE COURT as follows:
1. The Defendant is committed to the custody of the Director of the Iowa
Department of Corrections for a term not to exceed 25 years. The sheriff shall deliver
the Defendant to the Iowa Medical and Classifications Center, Oakdale, Iowa. The
Defendant shall be granted credit against that sentence for any time previously spent in
custody because of his inability to furnish bail.
2. Pursuant to Iowa Code Section 692A.110(2) the Defendant shall pay a civil
penalty in the amount of $250.
3. The Defendant shall submit a DNA sample for profiling to the Department of
Correctional Services.
4. Pursuant to Iowa code Section 901.5(9)(a), (b), the Court publicly announced
that Defendants term of incarceration may be reduced from the maximum sentence
because of statutory earned time, work credits and program credits; and Defendant may
be eligible for parole before the sentence is discharged.
5. Upon release from incarceration, the Defendant shall register as a sex
offender and fully and timely comply with the provisions of Iowa Code Chapter 692A.
6. Pursuant to Iowa Code Section 903B.2, the Defendant is sentenced, in
addition to all other provisions set forth in this order, to a special sentence committing
the Defendant into the custody of the Director of the Iowa Department of Corrections for
the rest of the Defendants life, with eligibility for parole as provided in Iowa Code
Chapter 906. This special sentence shall commence upon completion of the sentence
imposed for the underlying criminal offenses and the Defendant shall begin the special
sentence under supervision as if on parole or work release.
-3-
7. Court appointed attorney fees and the costs of these proceedings are taxed
against the Defendant.
-4-
OTHER ORDER
Case Number
FECR012679
Case Title
STATE VS MATHEW TODD KLEVE
So Ordered
page 5 of 5