IA - Jetseta Gage, 10, abducted & murdered, Cedar Rapids, 24 March 2005

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Bentley focuses on photos in federal appeal of *advertiser censored* conviction

An attorney for James Bentley has argued his client deserves a new trial...

Authorities say he took sexually explicit photos of a 1-year-old girl and 10-year-old Jetseta Gage, who was later kidnapped and killed in 2005 by Bentley's brother, Roger Bentley.

O'Flaherty says Bentley deserves a new trial because his trial attorney wasn't allowed to question witnesses about the possibility that Roger Bentley took the pictures.
 
Gage's Family Reacts To High Court's Ruling - News Story - KCCI Des Moines

Key evidence in Jetseta Gage's sexual abuse case was thrown out Friday by the Iowa Supreme Court.

Gage's family is not only angry, but they are also worried about the outcome of the case...

"Jetseta's not here to tell James what he did to her, how she felt. Therefore, no one's going to hear Jetseta's voice unless the videotape is heard by everybody," said Gage's mother, Trena-Gage-Bakeoven.

"He did some horrible things to her and that videotape tells it," said Gage's great aunt, Jenny Slight. "She would be on the stand. She was going to be on the stand testifying against him, but his brother killed her. "

So does the prosecution have a case without the tape?

"Obviously, it was a key part of the case. But you have to look at the evidence as a whole, and we'll review the evidence and decide if there's a reasonable likelihood he would be convicted," said prosecutor Harold Denton.

"The message we're sending to every sexual predator is go ahead and rape and molest these kids and them kill them because they'll be no sex crimes against you," Slight said...
 
Sioux City Journal: Court again upholds sex offender residency law

The Iowa Supreme Court on Friday once again upheld the controversial state law that requires convicted sex offenders to live at least 2,000 feet away from a school or child care center...

The state's 2,000-foot rule was passed after 10-year-old Jetseta Gage was kidnapped from her Cedar Rapids home in March 2005 and sexually abused and killed by a convicted sex offender...

The Iowa law has become controversial with many law enforcement officials and some prosecutors saying it should be thrown out. Many say the state instead should create safe zones around schools and child care centers that convicted sex offenders could not enter without permission.
 
KPTM FOX 42: Omaha News, Sports and Weather; Nebraska News, Sports; kptm.com | 26 states join Iowa in asking for supreme cour...

Iowa's attorney general has been joined by 26 state attorneys general in asking the US Supreme Court to review a decision in a high-profile child sexual abuse case...

The Iowa Supreme Court upheld a district court ruling that a videotaped interview of the (sexually abused) girl was not admissable. The court said that was because Gage was not available to be cross examined by the defendant (because the brother of the defendant murdered her - added by me).

The 26 state attorneys general filed a "friend of the court" brief this week. It says they support Iowa Attorney General Tom Miller's petition asking the U.S. Supreme Court to review the state court's decision...
 
press-citizen.com | Local News

The Iowa Supreme Court on Wednesday heard arguments in an appeal by Roger Bentley, who was convicted of kidnapping and killing 10-year-old Jetseta Gage...

In the appeal, Bentley claims there wasn't enough evidence to show that he kidnapped Gage.

``The state presented no evidence or testimony that anybody saw the girl leave with Mr. Bentley,'' said Theresa R. Wilson, a public defender. ``The state acknowledged in its closing arguments that there was no evidence as to how the girl got out of the house or how she ended up at the trailer.''

Wilson said there was no physical evidence of the child in Bentley's truck, that a man who stopped Bentley for directions didn't see the girl in the vehi-cle, and that there was evidence of another man in the mobile home where the girl's body was found.

Justice Jerry Larson noted that the girl was young and her body was discovered a distance from her home.

``The fact that she was at least in the proximity of the defendant, wouldn't it be reasonable for a jury to infer, that in fact, he took her where she was found?'' Larson asked...

Bentley also argues in the appeal that the district court relied upon im-proper factors in sentencing him to the consecutive life sentences.

In addition, he claims he was denied effective counsel and a fair trial as guaranteed by the U.S. and Iowa constitutions.

In 2006, the Iowa Supreme Court denied Bentley's request to have his kidnap-ping and murder convictions reconsidered by the lower court after he alleged that a juror acted inappropriately.

That effort focused on whether the trial was compromised when a juror admit-ted conducting his own research at home on a book entered into evidence by de-fense attorneys.

State lawyers said the juror's actions had no bearing on the jury's delibera-tions and the high court agreed.

The court will issue a ruling at a later date...
 
U.S. Supreme Court declines to hear Bentley case | DesMoinesRegister.com | The Des Moines Register

The U.S. Supreme Court will not review a court case that prevented prosecutors from showing video-taped testimony of a 10-year-old Cedar Rapids girl in the trial of a man accused of sexually abusing her.

The court declined to hear the case involving James Bentley, who was charged with second-degree sexual abuse in Linn and Benton Counties for alleged encounters with Jetseta Gage...

The Iowa Supreme Court ruled that the video-tape was not admissable in court, because it deprived James Bentley’s attorneys of the chance to cross-examine her. That ruling now stands.
 
JerseyGirl said:
U.S. Supreme Court declines to hear Bentley case | DesMoinesRegister.com | The Des Moines Register

The U.S. Supreme Court will not review a court case that prevented prosecutors from showing video-taped testimony of a 10-year-old Cedar Rapids girl in the trial of a man accused of sexually abusing her.

The court declined to hear the case involving James Bentley, who was charged with second-degree sexual abuse in Linn and Benton Counties for alleged encounters with Jetseta Gage...

The Iowa Supreme Court ruled that the video-tape was not admissable in court, because it deprived James Bentley’s attorneys of the chance to cross-examine her. That ruling now stands.
Click to expand...


Nice, yet another child denied justice.
 
JerseyGirl said:
U.S. Supreme Court declines to hear Bentley case | DesMoinesRegister.com | The Des Moines Register

The U.S. Supreme Court will not review a court case that prevented prosecutors from showing video-taped testimony of a 10-year-old Cedar Rapids girl in the trial of a man accused of sexually abusing her.

The court declined to hear the case involving James Bentley, who was charged with second-degree sexual abuse in Linn and Benton Counties for alleged encounters with Jetseta Gage...

The Iowa Supreme Court ruled that the video-tape was not admissable in court, because it deprived James Bentley’s attorneys of the chance to cross-examine her. That ruling now stands.
Click to expand...


What is the U.S. Supreme Court thinking!
 
I take it that no decision has been made on Roger Bentley's appeal? That is really to bad that the tape the little girl made can't be used in court. I guess it depends where you live because Julie Jensen's letter was allowed in at the trial of her husband. She wasn't there to face her killer either.

I hope that the appeal of the killer of this little girl is denied and that they have enough evidence on James to hang him high. Those brothers deserve to stay in prison for the rest of their lousy lives.
 
WHO TV - Des Moines: James Bentley Trial Begins Today

Today, the man accused of molesting Jetseta Gage is due in court. James Bentley is accused of molesting the 10-year-old back in 2004...

... James Bentley's case has been moved to Clarke County because of pre-trial publicity. The case had been delayed because of a dispute over the use of a videotaped interview with Gage. The trial will now go forward without the videotape.
 
Testimony begins in Bentley trial -- chicagotribune.com

... Joan Tatarka, a therapist with Cedar Psychiatric Center in Cedar Rapids, said Gage told her that she slept with James Bentley during a camping trip.

Gage said she didn't like sleepovers but wouldn't explain other than to say she slept with Bentley, her mother's ex-boyfriend, Tatarka testified on Tuesday...
 
Witness: James Bentley believed he could communicate with others through dreams | GazetteOnline.com - Cedar Rapids, Iowa City

James Bentley believed he could communicate with others in their dreams, his ex-wife testified this morning in day three of Bentley's second-degree sexual abuse trial.

Rochelle Bell said Bentley talked to her about his ability almost on a daily basis.

Benton County Attorney David Thompson, continuing his questioning of Bell from Tuesday, asked her about the conversations with Bentley about the dreams because 10-year-old Jetseta Gage talked about it during a therapy session...

Laura Sundell, a former Cedar Rapids therapist, testified Tuesday that Jetseta was scared of Bentley even out of his presence because of his ability to communicate through dreams.

Jetseta wanted to make "dream catchers" during their session because they made her feel safe. Dream catchers are a yarn craft to ward off evil. Jetseta said Bentley didn't like the talisman, because it would keep him away.

Jetseta hung the dream catchers around her room at home and throughout the entire house, Sundell said.
 
WHO TV - Des Moines: Guilty Verdict in James Bentley Trial

James Bentley has been found guilty of second degree sex abuse, for abusing a 10-year-old girl his brother later kidnapped and killed...

A sentencing date has not been set, but it won't make much difference for Bentley. He's already serving a 100-year sentence for child *advertiser censored* and sexual exploitation. His brother, Roger, is serving a life sentence for kidnapping and killing Jetseta Gage.
 
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