from the Iowa District Court for Jasper County, Steven J.
Holwerda, District Associate Judge.
appeals his conviction for tampering with a witness.
C. Smith, State Appellate Defender, and Stephan J. Japuntich,
Assistant Appellate Defender, for appellant.
J. Miller, Attorney General, and Linda J. Hines, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vaitheswaran and Bower, JJ.
Williams appeals his conviction for tampering with a witness.
We find the district court did not err in ruling Williams
could be found guilty of tampering with his own witness and
his wife's testimony was not barred by marital privilege.
We find there is sufficient evidence to support
Williams's conviction. Williams has not shown he received
ineffective assistance of counsel. We affirm Williams's
conviction for tampering with a witness.
Background Facts & Proceedings
was charged with two counts of failure to comply with the sex
offender registry. The State alleged he was not living at the
residence he had listed with the registry. Williams filed
notice of several defense witnesses, including his wife, Beth
Williams, and Samuel Martin.
to a police report filed on May 25, 2016, by Deputy Duane
Rozendaal of the Jasper County Sheriff's Office, Beth was
living in a house with Martin and Lori Cupp, when Williams
began living there as well. Deputy Rozendaal's report
Beth was fully aware of the residence violation. . . . Beth
says that she spoke to Burdess on the 24th and somehow Brian
found out about that and 2 hours after she got home from
work, Brian called up and was calling me every name in the
book and threatening me that you are going to pay for it and
that he knows he is going back to prison.
stated she was also fully aware Williams was not supposed to
be living at the house. She stated Williams "mentioned
he was going to call the cops and turn in their house as a
drug house to get them in trouble." Martin stated
Williams yelled everyone was turning against him. Martin
stated it appeared Williams wanted to fight him and he was
fearful of possible retaliation from Williams.
was charged with two counts of tampering with a witness, in
violation of Iowa Code section 720.4 (2016), an aggravated
misdemeanor. Count I was in relation to Beth, while Count II
was in relation to Martin. The minutes of testimony listed
the witnesses and included the police report.
filed a motion to strike witnesses, claiming the minutes of
testimony did not comply with Iowa Rule of Criminal Procedure
2.5(3) because they did not include "a full quote and
fair statement of the witnesses' expected
testimony." In the alternative, he claimed the State had
failed to properly file the trial information and the charges
should be dismissed. The court found the police report
satisfied the requirement of informing a defendant of the
substance of ...