from the Iowa District Court for Webster County, Thomas J.
applicant appeals the denial of his application for
postconviction relief. AFFIRMED.
Hurd of Glazebrook, Greenberg & Hurd, LLP, Des Moines,
J. Miller, Attorney General, and Bridget A. Chambers,
Assistant Attorney General, for appellee State.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
POTTERFIELD, PRESIDING JUDGE.
Haines appeals the denial of his second application for
postconviction relief (PCR).
1999, Haines was charged with two counts of sexual abuse in
the second degree-one count relating to A.H. and one count
relating to S.H. At his bench trial, Haines did not dispute
any of the State's evidence that the sex acts occurred;
rather, he based his defense on a claim of insanity. The
district court made the following findings:
On or about April 21, 1999, [the mother of A.H. and S.H.]
first learned of improper contact between [Haines] and [the
children]. . . . [The mother] asked [A.H.] about that
incident and [A.H.] confirmed what [the mother's] father
had told [the mother]. [The mother] then confronted [Haines]
and he admitted that he had both "french kissed"
[A.H.] and had touched [S.H.'s] private parts. [The
mother] became enraged, slapped [Haines] and then called the
Two police officers responded to her call: Officer Trent
Olson and Lieutenant Dennis Memka.
. . . .
[Haines] was using the telephone when Memka and Olson
approached him. They told him to put the phone down which he
did. During the initial questioning, [Haines] admitted that
during the previous month and a half he had sexual contact
with [A.H. and S.H.] He admitted that he had kissed both of
the girls, kissed their "boobs," rubbed their
vaginas and butts and had inserted his fingers into their
vaginas. He also told the police officers that the girls had
kissed his penis. [Haines] was immediately taken to the Law
Enforcement Center in Fort Dodge where a more formal
interview was conducted. . . .
. . . .
[Haines] stated during the interview that he had found [A.H.,
S.H., and a third child] engaged in sexual exploration.
Consequently, he did what he did to the girls as punishment
and by way of encouraging them not to ...