from the Iowa District Court for Des Moines County, John M.
Wright (motion) and John G. Linn (trial), Judges.
defendant appeals his convictions for two counts of sexual
abuse, assault with intent to commit sexual abuse, and
penetration of genitalia with an object.
C. Smith, State Appellate Defender, and Theresa R. Wilson,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Sharon K. Hall, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
King appeals his convictions for two counts of sex abuse in
the third degree, assault with intent to commit sexual abuse,
and penetration of genitalia with an object in violation of
Iowa Code sections 709.4, 709.11, and 708.2(5) (2015),
respectively. He challenges the district court's denial
of his motion to adjudicate law points, the effectiveness of
his trial counsel, and the sufficiency of the evidence for
two of his charges.
case was tried to a jury, which found King guilty of the
above-stated offenses but found him not guilty of two other
counts, dissemination of obscene material and indecent
exposure. The offense conduct at issue took place between
June 2013 and February 2015. Each of the offenses involved a
different victim. The four victims, K.R., R.F., A.O., and
A.B., were teenage girls seeking senior portraits from Daisy
Frames, a business owned by King and his wife, Amber King. At
the time of the offenses, King was thirty-nine or forty years
was a seventeen-year-old high school student when she
arranged for Daisy Frames to take her senior pictures in
September 2014. After her pictures were taken, King offered
K.R. a job in which he would take ten dollars off the price
of the pictures for each hour K.R. worked. K.R. wanted to
reduce the cost of the pictures to ease the financial strain
on her family so she accepted the offer. King and K.R.
communicated with each other via Facebook messaging. At some
point, King's messages became more personal and sexual in
December 24, 2014, King picked K.R. up for work. Instead of
going to work, King drove K.R. outside of town. He provided
K.R. with a drink containing alcohol. K.R. testified she went
with him because she really wanted to help her grandmother
with the cost of her pictures. K.R. was wearing multiple
layers of clothing since King had told her he wanted to play
"strip Truth or Dare". K.R. drank at King's
urging until King decided they should play Truth or Dare.
King dared K.R. to let him put his hand on her thigh for the
rest of the drive. She testified she complied because she
feared King would have forced her to remove clothing if she
did not. King then moved his hand towards her crotch. K.R.
testified she tried to push his hand away, said "no,
" and closed her legs tightly. King told her "just
let it happen, it's okay, you won't get hurt."
King then rubbed his hand over her clothing covering her
vaginal area as she told him it made her uncomfortable. K.R.
testified she loosened her legs, as she feared King would
hurt her if she did not. King told her, "[y]ou can't
tell me this doesn't feel good, it has to feel good,
" to which K.R. responded, "I don't feel
anything." K.R. told King she needed to use the
bathroom, and the two stopped at a gas station before he took
her home. K.R. testified she felt lightheaded from the
alcohol and slept after returning home.
total encounter lasted between one-and-one-half and two hours
on the morning of December 24. K.R. declined future offers of
work from King. However, she did state at trial that she saw
King on New Year's 2014, where she voluntarily
participated in drinking games with King and a friend. Other
trial testimony by K.R. included statements that she felt
what happened between her and King was "blown out [of]
proportion" and that she was "still capable of
making her own decisions" when King's conduct took
place. She testified she did not disclose this event until
her younger sister considered working for King a few months
denied providing any alcohol to K.R. King also denied any
sexual contact with K.R. Amber, King's wife, testified
that King had only been gone a short time and he did not
appear drunk when he returned.
was an eighteen-year-old high school student when she and
best friend K.R. chose Daisy Frames for their senior pictures
in fall 2014. A.B. too accepted a job with Daisy Frames to
pay off her photos. King sent A.B. Facebook messages asking
about sex and other personal topics. When A.B. first came to
work, King drove her around and provided alcohol, and they
discussed personal topics. A second time, they played
"Never Have I Ever." A.B. testified she was
uncomfortable but wanted to help her mom by earning discounts
for her senior pictures.
another trip with King, possibly the third, King provided
A.B. with more alcohol. He stopped at an adult shop and
bought A.B. a dildo, vibrator, and batteries. A.B. testified
she refused to take the dildo and King "threw it out the
window along a back road." A.B. also tried to refuse the
vibrator but King persisted until she took it. A.B. testified
King parked the car and pulled out his penis, asking for a
"blow job" or sex. She refused, and King was upset.
"work" trip occurred in the winter of 2014. A.B.
stated she went along and brought the vibrator, at King's
request, because she was afraid King might do something else
that was worse. She testified she was too embarrassed to tell
her mom despite being scared. King parked behind an abandoned
house, took the vibrator, and pestered A.B. to take off her
pants. At trial, A.B. could not remember if King pulled down
her pants or if she pulled down her pants. She testified,
however, her pants were pulled down. She testified King
turned on the vibrator and inserted it into her vagina for
fifteen minutes. A.B. said she remembered the time because
she stared at the digital clock in ...