A 2-1 split decision from the Iowa Court of Appeals went in favor of former Iowa Hawkeye basketball player Pierre Pierce, allowing the convicted sex offender to travel to France to play basketball. A District Court judge had previously ruled that Pierce should be allowed to live in work in France while under supervision in Central Iowa. The Iowa Attorney General had filed for an emergency stay of that order, which was denied today.
While many people may see this ruling as special treatment, it really isn't as bad as it would appear. It is not uncommon for a person placed on probation to be supervised in another jurisdiction, or even to remain on probation in Iowa when they live in another state such as California or Texas. The difference with Pierce is that his conviction included a felony, Burglary in the Third Degree. So is that special treatment?
In every felony case that I have ever done, if the defendant is on probation in Iowa and wants to move to another jurisdiction, he must apply for a transfer of the probation through a process called an "Interstate Compact Transfer". That does not appear to have happened in this case. But, if you look back on Iowa Courts Online, it appears that other previous requests for travel have been denied. It is hard to say for sure without reading the order from the District Court and knowing what evidence was presented to the Court, but it is certainly unusual.
The real issue for me is that high profile cases with "unusual" results do two things. First, it creates the appearance of impropriety because the general public and media are not going to know all of the facts and makes people generally lose confidence in equal justice. Second, it makes it harder for all criminal defense attorneys because it creates unreasonable expectations in their cases. Everyone now wants the same thing "that basketball player got". One of the hardest things that a criminal defense attorney has to deal with is unreasonable expectations on the part of some clients. I always try to put each defendant's unique situation in perspective, but cases like Pierre Pierce, where someone has heard about them but knows nothing of the facts, law, and legal issues involved can make that difficult.
The case is under an application for further review, so it is not completely settled yet. The Iowa Supreme Court may review the Court of Appeals ruling or they may let it stand as is.
