Iowa Open Records Request – City of Newton, IA – #031 – The Form of Atari – #01

MEMORANDUM

To: City of Newton, IA
101 W. 4th Street S.
Newton, IA 50208
(641) 792-2787

Subj: IOWA OPEN RECORDS REQUEST – CITY OF NEWTON, IA – #031 – THE FORM OF ATARI – #01

Ref: 1. Iowa Code Title I State Sovereignty and Management, Chapter 22 Examination of Public Records (Open Records)
2. Iowa Court Rules, Chapter 32 – Iowa Rules of Professional Conduct, Rule 32:3.4(a.)
3. Iowa Court Rules, Chapter 32 – Iowa Rules of Professional Conduct, Rule 32:4.1(a.)
4. Iowa Court Rules, Chapter 32 – Iowa Rules of Professional Conduct, Rule 32:4.4(a.)
5. Iowa Court Rules, Chapter 32 – Iowa Rules of Professional Conduct, Rule 32:8.4(a.)
6. Iowa Court Rules, Chapter 32 – Iowa Rules of Professional Conduct, Rule 32:8.4(c.)
7. News, Newton. “Man Sends a Series of Harassing Text Messages.” Newton Daily News, Newton Daily News, 14 Nov. 2020, https://www.newtondailynews.com/2020/08/28/man-sends-a-series-of-harassing-text-messages/a8r3nj5/
8. Shaw Media. (n.d.). Newton Daily News Archive. Newton Daily News Volume No. 118 No. 147. Retrieved January 9, 2023, from https://www.newtondailynews.com/online-newspaper/
9. Shaw Media. (n.d.). Newton Daily News Archive. Newton Daily News Volume No. 119 No. 32. Retrieved January 9, 2023, from https://www.newtondailynews.com/online-newspaper/  

Enc: 1. Memorandum – Michael J. Merritt – Freedom of Information Request – City of Newton – State of Iowa vs Lambertus, Zachery Milo Case: 05501 SMAC015739 (JASPER) – #002 – 03 DEC 2021
2. Memorandum – City of Newton, IA Attorney Matthew Brick – 10 FEB 2022
3. Memorandum – City of Newton, IA Attorney Matthew Brick – 10 MAR 2022
4. City of Newton, IA Police Department – Iowa Incident Report – 19-26175
5. Jasper County, IA Sheriff’s Department – Call For Service Record- 19026175
6. Memorandum – Jasper County, IA Attorney Nicholson – 28 APR 2022
7. Marshalltown, IA Police Department case #PD19-01234
8. Marshalltown, IA Police Department Report case #PD19-01234
9. Marshalltown, IA Police Department Name Card – Michael J. Merritt
10. Newton, IA Police Department CFS #19016725
11. Electronic Mail – City of Newton, IA Police Department – LT Ron Cook – 22 JUN 2022
12. City of Newton, IA Police Department – Iowa Incident Report – 22-18513
13. Reference Database – https://airtable.com/shr6FQgdF46DC1Hcn

1. Introduction

Enclosure (1.) is the originator’s 03 DEC 2021 request, including the Newton Police Department incident report regarding STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case: 05501 SMAC015739 (JASPER).”

Enclosure (2.) is the City of Newton, IA Attorney Matthew Brick of Brick Gentry P.C.’s response to Enclosure (1.) communicating, “Enclosed are certain records in response, specifically the incident report and City electronic mail mentioning the names “Zachery Lambertus,” “Zachary M Lambertus,” “Zachery M. Lambertus,” “Zachary Milo Lambertus,” “Zach Lambertus,” “Zach M Lambertus,” “Zach M. Lambertus,” “Zach Milo Lambertus.” Peace officer investigative reports are exempt from disclosure. See Iowa Code section 22.7. Newton Police Department peace officer investigative reports concerning Mr. Lambertus are exempt from disclosure. Also, please note that STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case 05501 SMAC01579 initiated as a complaint from the Jasper County Sheriffs Department, not the Newton Police Department. You will need to submit a request to the Jasper County Sheriffs Department for records related to STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case 05501 SMAC01579 that the Jasper County Sheriffs Department may be custodian for.”

The Newton Daily News reported in References (7.) and (9.) page 6A, “According to the Newton Police Department, officers were advised of possible harassment when the victim said she had received threatening messages. The victim showed the police 43 messages she had received. One message received called the victim a “worthless piece of garbage” and used obscene language. These messages were not returned by the victim.”, “On Aug. 22, officers responded to a call about a possible fight in the 1500 block of North 11th Avenue East. Lambertus was found at the scene and was taken into custody by the NPD. He was arrested for these charges along with Jasper County warrants for failure to appear for a probation revocation hearing on two counts of second-degree theft and one count of first offense operating while intoxicated and failure to appear for arraignment on a charge of assault causing bodily injury. He was taken to jail.”

Pages (4.) and (5.) of Enclosure (2.) are the only documents the originator received from the City of Newton, IA, in response to Enclosure (1.). City Attorney Matthew Brick communicates in Enclosure (2.), “Enclosed are certain records in response, specifically the incident report and City electronic mail mentioning the names “Zachery Lambertus,”….” At the same time, the following pieces of evidence support the conclusion this is not the actual Iowa Incident Report stored and preserved by the Newton, IA Police Department for the July – August 2020 Lambertus no-contact order violation case as City Attorney Matthew Brick has represented in Enclosure (2.)

1. Lambertus 2020 Case Timeline:
02 JUL 2020 – “Newton officers were advised of a harassment.”, “Ecko showed 43 text messages she had received.” Enclosure 2. page (5.)
12 JUL 2020 – Zachary Lambertus sends SMS/MMS messages to Ecko Smith via a portable electronic communications device (43 messages total during 12 JUL 2020 – 13 JUL 2020). References (7.) and (9.) page 6A
13 JUL 2020 – Valid No Contact order issued in Jasper County Court Case SRCR023476 – Zachary Lambertus/Restrained Party – Ecko Smith/Protected Party. Enclosure (6.), page (11.)
13 JUL 2020 – Zachary Lambertus sends SMS/MMS messages to Ecko Smith via a portable electronic communications device (43 messages total during 12 JUL 2020 – 13 JUL 2020). References (7.) and (9.) page 6A
22 AUG 2020 – Newton, IA Police Department officers responded to a call regarding an alleged fight in the 1500 block of North 11th Avenue East. Newton, IA, Police Department officers located Zachary Lambertus at the scene and took him into custody. He was arrested by the Newton, IA Police Department and taken to the Jasper County, IA Jail. References (7.) and (9.), page (6A.)
23 JUL 2020 – Warrant requested by Officer Wing of the Newton, IA Police Department. “As of 7-23-20 Newton police department has been unable to locate Zach Lambertus. At this time I am requesting a warrant.” Enclosure (2.), page (5.)
23 JUL 2020 – Warrant issued by Iowa Court Judicial District 5. Enclosure (2.), pages (4.) and (5.), References (7.) and (9.), page (6A.)
23 AUG 2020 – Zachary Lambertus sends an invite to the protected party via Jasper County, IA Jail HomeWAV video calling system while in custody. Enclosure (6.), page (11.)
31 AUG 2020 – Ian Winfield receives information regarding a potential no-contact order violation executed by Zachary Lambertus. Enclosure (6.), page (11.)

2. An example of a Newton, IA Police Department Iowa Incident Report is shown in Enclosures (4.) and (12.), representing a different public record form than the public record City Attorney Matthew Brick has represented is an “incident report” on pages (4.) and (5.) of Enclosure (2.) in response to Enclosure (1.). Enclosure (12.) was released to Monica L. Speaks on 23 JUN 2022 after City Attorney Matthew Brick communicated to the originator of this records request incident reports are confidential in accordance with Iowa Code Section 22.7 in Enclosures (2.) and (3.) on 10 FEB 2022 and 10 MAR 2022 respectively.

3. The Newton Daily News documents additional information not included in the document provided to the originator of this records request by City Attorney Matthew Brick on pages (4.) and (5.) of Enclosure (2.). Specifically, the Newton Daily News reported in Reference (7.) and (9.) page (6A), “On Aug. 22, officers responded to a call about a possible fight in the 1500 block of North 11th Avenue East. Lambertus was found at the scene and was taken into custody by the NPD. He was arrested for these charges along with Jasper County warrants for failure to appear for a probation revocation hearing on two counts of second-degree theft and one count of first offense operating while intoxicated and failure to appear for arraignment on a charge of assault causing bodily injury. He was taken to jail.” Suggesting the Newton Daily News was provided a public record(s) with an augmented account of the information the Newton, IA Police Department is required to release in accordance with Iowa Code Section 22.7, including information regarding the arrest.

4. Pages (4.) and (5.) of Enclosure (2.) appear to be a warrant request filed with the Iowa Court Judicial District 5 on 23 JUL 2020 by the Newton, IA Police Department, not the public record documenting the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident that was provided to the Newton Daily News. At the same time, this record references an Agency Case Number “20-20649” that reflects the numbering sequence of Iowa Incident Reports released by the Newton, IA Police Department for other cases as shown in Enclosures (4.) and (12.). This case number evidence indicates reflects the case number on the actual Iowa Incident Report documenting the historical events for this case; historical evidence indicates the Newton, IA Police Department releases upon request for other cases that were requested in Enclosure (1.) regarding the 2020 Lambertus no-contact order violation. This theory is reinforced with reporting provided by the Newton Daily News in References (7.) and (9.) page 6A that included additional information not contained in the public record provided to the originator of this records request in Enclosure (2.) pages (4.) and (5.). At the same time, the Newton Daily News documented, “After failed attempts to locate Lambertus a warrant for his arrest on July 23.” [sic]

5. Enclosure (6.) released by Jasper County, IA Attorney Nicholson in response to Freedom of Information Request – Jasper County Iowa- #001 – 20 DEC 2021 provides an Iowa Arrest Report for case #20-26945 dated 03 SEP 2020 11:16. This report provides the following testimony from Detective Ian Winfield #50-32, “On Monday August 31, 2020, I Detective Ian Winfield #50-32, received information regarding a potential no contact order violation from an inmate in the Jasper County Jail. The suspect was identified as Zachary Lambertus (DOB: 02.03.2000). The Protected Party is Ecko Smith (DOB: 01.31.2001). During the investigation, Smith provided a copy of a screen shot from a text message she received from an invite to speak with Lambertus via the HomeWAV video calling system that is used by the Jasper County Jail. The message reads: “Hi! ZACHERY MILO LAMBERTUS, invited you to visit on the HomeWAV. Download our App https://app.homewav.com/public/app/34424494. Reply NO to stop.” A check of the HomeWAV service also indicates that on August 23, 2020 at 1806 hours, Lambertus sent an invite to the phone number of 641.840.5557. This phone number is confirmed to belong to Smith. Lambertus is currently in custody at the Jasper County Jail. Lambertus was issued his charges without incident. Attached to this report is a copy of the screen shot that Smith provided and the HomeWAV log that details the invite Lambertus sent Smith. End of Report.”

Evidence of City Attorney Matthew Brick’s misrepresentation of the record he provided in pages (4.) and (5.) of Enclosure (2.) in conjunction with his communication, “Also, please note that STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case 05501 SMAC01579 initiated as a complaint from the Jasper County Sheriff’s Department not the Newton Police Department.” provides evidence of the following:

1. Failure to release public records related to the Newton, IA Police Department’s handling of this situation documented in References (7.) and (9.) page (6A.)

2. Evidence of misrepresentation and redirection executed by City Attorney Matthew Brick while communicating, “Also, please note that STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case 05501 SMAC01579 initiated as a complaint from the Jasper County Sheriff’s Department not the Newton Police Department. You will need to submit a request to the Jasper County Sheriff’s Department for records related to STATE OF IOWA VS LAMBERTUS, ZACHERY MILO Case 05501 SMAC01579 that the Jasper County Sheriff’s Department may be custodian for.” Evidence documented in References (7.) and (9.) page (6A.) and Enclosure (6.) page (11.) document Zachary Lambertus violated the protection order issued by Iowa Court Judicial District 5 on multiple occasions, including before his arrest and while in custody at the Jasper County, IA Jail.

3. City Attorney Matthew Brick’s use of Iowa Code Section 22.7 in Enclosure (2.) and (3.) provides evidence of a misrepresentation of his client’s responsibilities in accordance with Iowa Code Section 22.7(5.), which states, “Peace officers’ investigative reports, privileged records or information specified in section 80G.2, and specific portions of electronic mail and telephone billing records of law enforcement agencies if that information is part of an ongoing investigation, except where disclosure is authorized elsewhere in this Code.  However, the date, time, specific location, and immediate facts and circumstances surrounding a crime or incident shall not be kept confidential under this section, except in those unusual circumstances where disclosure would plainly and seriously jeopardize an investigation or pose a clear and present danger to the safety of an individual.  Specific portions of electronic mail and telephone billing records may only be kept confidential under this subsection if the length of time prescribed for commencement of prosecution or the finding of an indictment or information under the statute of limitations applicable to the crime that is under investigation has not expired.” As City Attorney Matthew Brick has provided evidence of releasing the personal contact information of two alleged victims in Enclosure (2.) page (46.) that manifested testimony not supported by evidence leading to the search of the originator of this record’s request home by the Newton, IA Police Department and the Marshalltown, IA Police Department as documented in Enclosure (10.) (also withheld by City Attorney Matthew Brick in Enclosure (2.) and Enclosure (8.). Logic would indicate, in this case, the City of Newton, IA, has zero ethical reasons for withholding any Iowa Incident Reports the originator of this request has requested since 03 DEC 2021.

Paragraph (2.) includes a record request for an incident involving Zachary Lambertus evidence indicates the Newton, IA Police Department also previously provided information to the Newton Daily News. The Newton Daily News reported in Reference (8.), “According to a press release, at 11:18 p.m. the Newton Police Department responded to a report of a vehicle that had struck a garage in the 1800 block of South Seventh Avenue East. The car then left the scene. Officers located the vehicle in the 2900 block of South 13th Avenue East and the driver was identified as Zachery M. Lambertus. Officers discovered the vehicle had been stolen earlier in the evening from a Newton residence.”, “Lambertus was arrested and taken to the Jasper County Jail where he received a $20,000 cash or surety bond. He has already had his initial appearance with a preliminary hearing scheduled for Dec. 18.”

2. Requested Information

(a.) Iowa Incident Report(s) documenting an incident involving Zachary Lambertus on 11 DEC 2019. Data Collection Source: Shaw Media. (n.d.). Newton Daily News Archive. Newton Daily News Volume No. 118 No. 147. Retrieved January 9, 2023, from https://www.newtondailynews.com/online-newspaper/

3. Conclusion

“If you prick us, do we not bleed? if you tickle us, do we not laugh? if you poison us, do we not die? and if you wrong us, shall we not seek justice?”

― Shakespeare, “The Merchant of Venice, Act 3 Scene 1”

(A desire to seek “revenge” is a state of the heart and mind of the uneducated and unethical. Therefore, the phrase “seek justice” has been utilized in this correspondence.)

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

“Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.”

― Sun Tzu, “The Art of War”

The Newton, IA Police Department entered the home of the originator of this records request on 06 JUN 2019 between 08:59:58 and 09:20:27 based on allegations and zero evidence provided by the Iowa Conference of the United Methodist Church indicating a violation of Iowa Code Section 708.7. This criminal complaint supported by zero evidence was filed by the Iowa Conference of the United Methodist Church after the originator of this request for records filed a complaint with this alleged church on 10 OCT 2018 regarding evidence of sexual misconduct and malicious acts executed by its leadership.

Public records provided by the Jasper County, IA Sheriff, who administers the dispatch utilized by the Newton, IA Police Department, indicates the City of Newton, IA is currently concealing numerous criminal complaints; the originator of this records request reported against the assailant that evidence concludes violated the domestic abuse no-contact order in Newton, IA Police Department case 19-26175. Additionally, evidence indicates the Newton, IA Police Department handled this case differently than the July 2020 Lambertus case. Consequently, the evidence suggests the City of Newton, IA, also failed to provide the Iowa Incident Report for the 2020 Lambertus no-contact order violation case upon request. At the same time, evidence indicates the Newton, IA Police Department provided augmented records regarding this case to the Newton Daily News. In contrast, evidence suggests the City of Newton, IA Attorney Matthew Brick masqueraded a request for a warrant filed by his client with the Iowa Court Judicial District 5 on 23 JUL 2022 in place of the Iowa Incident Report stored and preserved by the City of Newton, IA for this case documenting information Iowa Code Section 22.7(5) articulates cannot be withheld before and including the arrest of Zachary Lambertus. As the Newton Daily News documents, it was the Newton, IA Police Department that performed the arrest, not the Jasper County, IA Sheriff. Therefore, it would be reasonable to conclude the Newton, IA Police Department has an Iowa Incident Report and other public records documenting this event. At the same time, City Attorney Matthew Brick produced evidence of misrepresenting the Newton, IA Police Department’s involvement in this case in Enclosure (2.).

The City of Newton, IA, produced evidence (DNS web traffic logs) of monitoring the published works of the originator of this records request located at phoenixharbor.com for approximately six days beginning on 24 NOV 2022. The site phoenixharbor.com includes creative writing protected by Section 7 of Article 1 of the Constitution of the State of Iowa and the 1st Amendment to the Constitution of the United States of America. This alleged law enforcement surveillance supported by DNS web traffic logs produced at phoenixharbor.com was halted upon the originator of this records request, publicly publishing a screenshot of the City of Newton, IA’s logged internet protocol (IP) traffic at phoenixharbor.com.

The City of Newton, IA, accused the originator of this records request and Complainant in Iowa Public Information Board case 22FC:0071 filed against the City of Newton, IA on 20 JUL 2022 of violating Iowa Code Section 708.7 on 08 AUG 2022 during Iowa Public Information Board case 22FC:0071. At the same time, the City of Newton, IA, produced evidence of retaliation against a citizen filing a complaint regarding evidence of this government body’s handling of requests for public records in accordance with Iowa Code Chapter 22. At the same time, the City of Newton, IA, provided zero evidence of a crime, charges, or an investigation while blocking the originator of this records request from public accommodations in the form of electronic communications with elected and appointed leaders of the City of Newton, IA during the duration of Iowa Public Information Board case 22FC:0071.

Logic would suggest that by the City of Newton, IA accusing the Complainant in Iowa Public Information Board case 22FC:0071 of violating Iowa Code Section 708.7 (male assailant) on 08 AUG 2022, the City of Newton, IA, has reopened itself up for scrutiny regarding the City of Newton, IA’s handling of every Iowa Incident Report they are currently concealing regarding evidence of a violation of the same section of the Iowa Code (female assailant). At the same time, these concealed Iowa Incident Reports provide evidence the City of Newton, IA, was repeatedly notified of verbal unwanted sexual attacks executed by Claudia J. Bergman and other third parties from 2018 – 2022 while utilizing a portable electronic communications device. Claudia J. Bergman was the assailant in Newton, IA, Police Department case #19-26175. Evidence indicates the City of Newton, IA, handled this case inconsistently compared to a similar no-contact order case with near identical evidence and a female victim. The originator of this records request provided Chief of Police Robert Burdess of the Newton, IA Police Department and Jasper County, IA Attorney Nicholson an affidavit signed by Claudia J. Bergman, notarized in the State of California on 08 JUN 2022, where she acknowledges contacting the originator of this records request in late August 2019. At the same time, she was a restrained party in a temporary domestic abuse protection order issued by San Diego East County Superior Court on 30 APR 2019. San Diego East County Superior Court extended this no-contact order until 31 OCT 2019 via DV-116 forms issued by the court on 15 MAY 2019 and 05 JUN 2019. At the same time, San Diego East County Superior Court documented in court on DV-116 forms issued on 15 MAY 2019 that Claudia J. Bergman had been served court documents regarding the civil domestic abuse protection order identifying her as the restrained party on 30 APR 2019. Neither Chief of Police Robert Burdess of the Newton, IA Police Department nor Jasper County, IA Attorney Nicholson reached out to the victim regarding this evidence.

On the contrary, Jasper County, IA, produced evidence of blocking the originator of this records request on social media in June 2022. Additionally, the City of Newton, IA, blocked the originator of this records request from having access to public accommodations in the form of electronic-based communications with elected and appointed leaders while accusing the originator of this records request of behavior violating Iowa Code Section 708.7. An allegation City Attorney Matthew Brick failed to mention to the Iowa Public Information Board along with his allegations of defamation against the originator of this records request in his 05 AUG 2022 response to the Iowa Public Information Board for case 22FC:0071.

The only question remaining in this investigation regarding the originator of this request for records, the leadership of the City of Newton, IA, and their contracted City Attorney Matthew Brick of Brick Gentry, P.C. is who is the trout and who is the fisherman.

“Die Forelle” Op. 32, D 550
-Franz Schubert