Prosecutor wants Iowa lawmaker's sex-abuse trial moved

GARNER, Iowa — An Iowa lawmaker's lawyer and family have stirred up reams of publicity, casting doubt on the sex-assault charge against him and making it impossible to find an impartial jury in Hancock County, a state prosecutor contended in court Tuesday.

State Rep. Henry Rayhons, 78, was arrested Aug. 15 after being accused of having sexual contact with his wife, who allegedly lacked the mental capacity to give consent. Authorities said Donna Rayhons, 78, was living in a Garner nursing home and had severe dementia. They said her husband had been warned that she was unable to consent to sex.

"Your honor, this case is so far out of the ordinary in terms of what we've seen from the press coverage," Assistant Attorney General Tyler Buller told District Judge Rustin Davenport. "There's been extensive slanted, and frankly misleading coverage that no amount of jury questionnaires can overcome."

The case has drawn broad interest, because of the unusual charge and because Henry Rayhons is a longtime legislator. Rayhons has denied wrongdoing.

Prosecutors rarely ask that trials be moved, but Buller said potential jurors in Hancock County are probably biased against the prosecution because of the extensive commentary they've read and heard from Henry Rayhons, his family and his lawyer.

The prosecutor singled out a lengthy article published last week by Bloomberg News and reprinted over three pages in The Des Moines Register. The article recounted the case, including the issue of whether a person with dementia can give consent to sex. It quoted Rayhons and his family, but Donna Rayhons' family has declined to talk to reporters.

Donna Rayhons died shortly before her husband was arrested. The couple, who both were widowed, married in 2007.

Davenport said he has presided over other prominent criminal cases without moving them out of the counties where they originated. He said that in some high-profile cases, lawyers draw from extended jury pools. "We're still able to get people who could tell us that they could be fair and impartial jurors, even if they're aware somewhat of the circumstances," the judge said.

Davenport asked Buller what would be wrong with trying to do that in this case, and deciding later to move the trial if an impartial jury can't be found in Hancock County.

Buller said the publicity has been extraordinarily heavy and biased toward the defense. For example, he said, a few hours after prosecutors shared a confidential document about DNA test results with defense lawyer Joel Yunek last month, TheRegister had a copy of it.

Yunek told the judge Tuesday that although the publicity has been heavy, it has also included information that has damaged his client's reputation. He said prosecutors had not offered enough evidence of potential jury bias to overcome the defendant's right to have his case heard in the area where the allegation arose.

Rayhons, who did not run for re-election in November but has not resigned his seat, remained silent throughout the hearing. The judge said he would rule in about a week.