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E-FILED 2014 OCT 22 6:57 PM SAC - CLERK OF DISTRICT COURT

Item #14-000866

Complaint

STATE OF IOWA, COUNTY OF SAC


Before (Judge, Magistrate)

STATE OF IOWA
Vs.

Criminal Case No.

Mathew Todd Kleve

Defendant

Address 605 W. Willow Street

Complaint

Cherokee, Iowa 51012


Date of Birth 10-11-1991

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 __

, in that the defendant on the 22nd day of October,

2014, at the

residence of 207 South 3rd Street, Sac City, Iowa in Sac County, did
have sex with an eight-year-old

victim.

(State acts or omissions constituting offense)

Dated

October 22, 2014


Stacey Carlson
Complainant

Statutory Reference 804.1 Code of Iowa

Address

Sac City Police Department

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.
.

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SubscribeS and sworn to before me by theqaid
the
day of 0
s>~p (
, 20'
.

d:).r.

c..l

__

Signature

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Complainant, on

_\

C//-L:4~

!J,fl{.~CU--

Magistrate, Clerk or Notary Public in the State of Iowa

f~I,.

MAN
Number 786032
CormIission ~
ember 11. 2lL./.:l...

E-FILED 2014 OCT 23 1:45 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA
Plaintiff

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

E-FILED 2014 OCT 23 1:45 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012679
Type:

Case Title
STATE VS MATHEW TODD KLEVE
OTHER ORDER
So Ordered

Electronically signed on 2014-10-23 13:44:58

2 of 2

m T H E IOWA DISTRICT COURT F O R SAC C O U N T Y ^

"]

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.

2. That he/she^ charged with a violati of Section


Felony-Class
_ Aggravated Misdemeanor
Serious Misdemeanor

, which is-classified as:

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

Set for the


day of
Magistrate Courtroom, Courthouse, Sac City, Sac County, Iowa.

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

8. IF YOU HAVE NOT BEEN FINGERPRINTED AND PHOTOGRAPHED FOR THIS


OFFENSE, YOU MUST REPORT TO THE SAC COUNTY SHERIFF'S DEPARTMENT WITHIN 10 DAYS
FROM THIS DATE TO DO SO. TF DEFENDANT HAS NOT PRESENTED THEMSELVES WITHIN 10
DAYS FROM THIS DATE, THE SAC COUNTY SHERIFF'S DEPARTMENT IS ORDERED AT HIS
CONVENIENCE TO PICK UP DEFENDANT TO BE PHOTOGRAPHED AND FINGERPRINTED.

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

DISTRICT COURT OF IOWA


SAC COUNTY
FILED

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

Home Phone: k j Q A / &


Street Address: U ^ . S

\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

No Job ''GL.Yes, Full Time

Who do you work for?-rl vf 7 r . f i ,

BirthDate: / 0 / / / / / 9 3

Cell Phone: 1 )7." I W " <1 i B ^ E - m a i l : IY)<vIk> I p - f A y - . Q Q h y l M / i . f. OfV\

>, u>
^/Jl.-Qfrl/
Street/P.O*. Box

Pending charges: < Z p > , s \ ( X l


Do you have ajob?

Yes, Part Time (List Hours/week:

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

How many family members are supported by or live with you?

<^

I f a spouse lives with you, how much money does your spouse make?

per

hour rnonth Q year

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

f \U>AJ* Rev. 1/6/12

E-FILED 2014 OCT 27 10:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 27 11:09 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

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.

Attorney James A. Schall (712) 291-6807, a contract attorney, is appointed.


The defendant shall contact their attorney within 48 hours.

1 of 2

E-FILED 2014 OCT 27 11:09 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012679
Type:

Case Title
STATE VS MATHEW TODD KLEVE
ORDER APPOINTING
So Ordered

Electronically signed on 2014-10-27 11:05:00

2 of 2

E-FILED 2014 OCT 27 2:49 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 OCT 30 9:18 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 07 8:43 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

CASE No. FECR012679

Plaintiff,
v.

TRIAL INFORMATION

MATTHEW TODD KLEVE,


DOB: 10-11-1991
Defendant.

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

E-FILED 2014 NOV 07 8:43 AM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2014 NOV 07 8:43 AM SAC - CLERK OF DISTRICT COURT

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

E-FILED 2014 NOV 07 8:43 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

Approval of Trial Information

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

Electronically signed on 2014-11-07 08:43:40

page 4 of 4

E-FILED 2014 NOV 07 8:43 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

CASE No. FECR012679

Plaintiff,
v.

ORDER SETTING ARRAIGNMENT

MATTHEW TODD KLEVE,

AND BOND

Defendant.

The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter


have been examined and found to contain sufficient evidence, if unexplained, to warrant
a conviction in a trial by jury, therefore, this matter shall be set for Arraignment.
IT IS ORDERED, the Defendant shall personally appear for Arraignment at the
Sac County Courthouse, District Courtroom, Sac City, Iowa on the 17th day of
November 2014 at 9:00 a.m..
The Defendant is advised that failure to appear will result in the issuance of an
arrest warrant.
IT IS FURTHER ORDERED, the Defendants bond and conditions for release
from custody in this matter shall be: Bond previously set shall continue. Defendant shall
obey all Federal, State, and Local laws. The Defendant shall have no contact with the
victim or any witness set forth in the minutes of evidence in this matter.

E-FILED 2014 NOV 07 8:43 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

ORDER FOR ARRAIGNMENT

Case Number
FECR012679

Case Title
STATE VS MATHEW TODD KLEVE
So Ordered

Electronically signed on 2014-11-07 08:43:40

page 2 of 2

E-FILED 2014 NOV 12 9:59 AM SAC - CLERK OF DISTRICT COURT

Date: 11/12/2014
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
State of Iowa
Plaintiff

FECR012679

No.
vs.

MATHEW TODD KLEVE


Defendant

MEDIA COORDINATOR'S NOTICE OF REQUEST FOR EXPANDED MEDIA COVERAGE


OF TRIAL OR PROCEEDING

COMES NOW the undersigned person, who states as follows:


1. Certain representatives of the news media want to use photographic
equipment
(__X__), television cameras (__X__) or electronic sound recording equipment
(__X__) in courtroom coverage in the above proceeding.
2. This filing is for all pre-trial motions, plea-taking, trial and
sentencing.
3. The request(s) for expanded media coverage are described as follows:
Two video cameras, tripods, videographers; audio accessibility; two
photographers with up to two still cameras and two lenses each, two
tripods.
WHEREFORE, the undersigned media coordinator gives notice of request(s) for
expanded media coverage as aforesaid.

Signature__/s/ Jesse Helling_______________________


Date__11/12/2014______________________
Jesse Helling
Media Coordinator, Region 4
Address: Fort Dodge Messenger
713 Central Ave.
Fort Dodge, IA 50501
Phone: (800)622-6613
Fax: (515)574-4529

E-FILED 2014 NOV 12 3:29 PM SAC - CLERK OF DISTRICT COURT

2RCR15

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
PLAINTIFF,

Case No. 02811 FECR012679

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.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
JAMES A SCHALL
MEDIA COORDINATOR
1 of 2

E-FILED 2014 NOV 12 3:29 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012679
Type:

Case Title
STATE VS MATHEW TODD KLEVE
OTHER ORDER
So Ordered

Electronically signed on 2014-11-12 15:29:01

2 of 2

E-FILED 2014 NOV 17 10:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 17 10:42 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 NOV 17 3:16 PM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
PLAINTIFF,

Case No. 02811 FECR012679

vs.
MATHEW TODD KLEVE ,

ORDER FOR TRIAL

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

E-FILED 2014 NOV 17 3:16 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
JAMES A SCHALL
DISTRICT COURT ADMINISTRATOR

2 of 3

E-FILED 2014 NOV 17 3:16 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012679
Type:

Case Title
STATE VS MATHEW TODD KLEVE
ORDER SETTING TRIAL
So Ordered

Electronically signed on 2014-11-17 15:16:23

3 of 3

E-FILED 2015 JAN 08 1:22 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY


STATE OF IOWA,

Case No. FECR012679

Plaintiff,
v.

ORDER SETTING PLEA HEARING

MATTHEW TODD KLEVE,


Defendant.
This case came before the Court on the parties request for an order
setting the matter for a plea hearing. The Court, after reviewing the record and
being advised in the premises FINDS and ORDERS a plea hearing in this matter
shall be and is scheduled for January 26, 2015, at 9:30 a.m., in the courtroom at
the Sac County Courthouse, Sac City, Iowa 50583.
IT IS FURTHER ORDERED if the defendant fails to personally appear
before this Court at the above-scheduled date and time, a bench warrant may
issue for defendants arrest.

E-FILED 2015 JAN 08 1:22 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012679

Case Title
STATE VS MATHEW TODD KLEVE
So Ordered

Electronically signed on 2015-01-08 13:22:45

page 2 of 2

E-FILED 2015 JAN 26 10:43 AM SAC - CLERK OF DISTRICT COURT

2rcr05
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,
Case No. 02811 FECR012679
Plaintiff,
vs.
MATHEW TODD KLEVE ,

ORDER

Defendant.

Date of Hearing: January 26, 2015


Charge: Sexual Abuse in the Second Degree, in violation of Iowa Code Section(s)
709.3(2), 709.1(3) & 702.17
1. The Defendant was present with counsel, James Schall. The State of Iowa was
represented by Benjamin Smith.
2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of
guilty to the above-described charge(s).
3. Pursuant to Iowa Code Section 811.1, the Defendant is ineligible for bond
pending the sentencing hearing.
4. The Court advised the Defendant of his right to file a motion in arrest of
judgment, pursuant to IRCrP 2.24(3), to preserve his right of appeal to the Iowa
Supreme Court based on any defect in the guilty plea proceeding.
IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

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E-FILED 2015 JAN 26 10:43 AM SAC - CLERK OF DISTRICT COURT

1. A Sentencing Hearing is scheduled on 02/23/2015 at 10:00 AM at the Sac Co.


Courthouse, 100 NW State St., Sac City, Iowa.

The Defendant shall personally appear

for this hearing.


2. The Department of Correctional Services shall prepare and file a presentence
investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa
Code Chapter 901. The clerk of court shall furnish to the Department of Correctional
Services a copy of the Trial Information and Minutes of Testimony.
If the Defendant is confined, the sheriff shall transport the Defendant to the
courthouse for this hearing.

CLERK TO FURNISH COPIES TO:


SAC COUNTY ATTORNEY
JAMES A SCHALL
DEPARTMENT OF CORRECTIONAL SERVICES
SAC COUNTY SHERIFF

2 of 3

E-FILED 2015 JAN 26 10:43 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012679
Type:

Case Title
STATE VS MATHEW TODD KLEVE
OTHER ORDER
So Ordered

Electronically signed on 2015-01-26 10:43:00

3 of 3

E-FILED 2015 JAN 26 10:46 AM SAC - CLERK OF DISTRICT COURT

2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. 02811 FECR012679

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

E-FILED 2015 JAN 26 10:46 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012679
Type:

Case Title
STATE VS MATHEW TODD KLEVE
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered

Electronically signed on 2015-01-26 10:45:56

2 of 2

E-FILED 2015 FEB 05 5:47 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
Plaintiff,
v.
MATTHEW TODD KLEVE,

Case No. FECR012679


MOTION TO RESCHEDULE
SENTENCING HEARING

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

E-FILED 2015 FEB 05 12:42 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,

Case No. FECR012679

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.

E-FILED 2015 FEB 05 12:42 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012679

Case Title
STATE VS MATHEW TODD KLEVE
So Ordered

Electronically signed on 2015-02-05 12:42:32

page 2 of 2

E-FILED 2015 MAR 09 10:22 AM SAC - CLERK OF DISTRICT COURT

2RCR04
IN THE IOWA DISTRICT COURT FOR SAC COUNTY

STATE OF IOWA,

Case No. 02811 FECR012679

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.

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E-FILED 2015 MAR 09 10:22 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Case Number
FECR012679
Type:

Case Title
STATE VS MATHEW TODD KLEVE
COURT REPORTER MEMORANDUM AND CERTIFICATE
So Ordered

Electronically signed on 2015-03-09 10:22:38

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E-FILED 2015 MAR 09 1:00 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY


STATE OF IOWA,
FECR012679
Plaintiff,
v.
MATTHEW TODD KLEVE,

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.

E-FILED 2015 MAR 09 1:00 PM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO:


Sac County Attorney
James Schall
Department of Correctional Services
Department of Corrections
Sac County Sheriff

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E-FILED 2015 MAR 09 1:00 PM SAC - CLERK OF DISTRICT COURT

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.

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E-FILED 2015 MAR 09 1:00 PM SAC - CLERK OF DISTRICT COURT

7. Court appointed attorney fees and the costs of these proceedings are taxed
against the Defendant.

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E-FILED 2015 MAR 09 1:00 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts


Type:

OTHER ORDER

Case Number
FECR012679

Case Title
STATE VS MATHEW TODD KLEVE
So Ordered

Electronically signed on 2015-03-09 13:00:43

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E-FILED 2015 MAR 13 10:26 AM SAC - CLERK OF DISTRICT COURT