Berger Law Firm, P.C.Berger Law Firm, P.C.2026-06-04T09:06:05Zhttps://www.peterbergerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303729/2022/08/cropped-site-icon-32x32.jpgOn Behalf of Berger Law Firm, P.C.<![CDATA[Modification And Weight Of Victim Input]]>https://www.peterbergerlaw.com/?p=492032026-05-27T07:15:48Z2026-05-27T06:23:51ZHowever, in Walker v. State, No. 23-1480 (Iowa Ct. App. 2024), the Iowa Court of Appeals overruled the Judge for improperly giving too much weight to the victim testimony, again referring the Court back to Fortune v. State. Now, the only permissible factors the judge may consider are facts which deal directly with the risk of reoffending, and present danger or threat to public safety.]]>On Behalf of Berger Law Firm, P.C.<![CDATA[Teen Found Not Guilty]]>https://www.peterbergerlaw.com/?p=484132023-10-17T17:44:56Z2022-08-04T10:19:05ZTeen Found Not Guilty]]>On Behalf of Berger Law Firm, P.C.<![CDATA[Eyewitness misidentification in Iowa puts innocent people behind bars]]>https://www.peterbergerlaw.com/?p=465672023-10-27T11:12:51Z2022-07-29T22:03:44Zwrongfully convicted and are erroneously sent to prison. Since 1989, 317 people, many victims of mistaken eyewitness identification have been exonerated due to DNA testing after their conviction, according to the Innocence Project.
A study performed by Loftus and Doyle in 1992 found that trials including eyewitness statements led to a guilty verdict 72 percent of the time. In cases where no eyewitnesses were present, the guilty verdict decreased to 18 percent. Researchers believe that mistaken eyewitness identification is a result of human perception error, poor visibility, faulty memory and poor lineup practices.
Innocence found
Just last year, a Kansas man was set free after being exonerated for a robbery and rape crime that he did not commit. DNA evidence pointed to the real perpetrator of the crime who is currently serving time in an Iowa jail for another incident of robbery and forcible rape. The victim had identified the wrong man after hearing the suspect’s voice. Although she could not pick the man out of a photo lineup, he was still convicted of the crime.
Causes of eyewitness identification errors
Countless studies have investigated the root causes of eyewitness identification errors in hopes of avoiding wrongful convictions in the future. The Innocence Project has found that out of the 73 percent of people who were wrongfully convicted of a crime due to eyewitness identification errors, 40 percent of cases involved a cross racial bias. Many studies, including those conducted by the American Bar Association, have found that people give less accurate identifications of people who are of a different race than their own.
The Innocence Project also suggests the following significant causes of eyewitness identification errors:
Lineup administrator bias. Research shows that lineup administrators may inadvertently provide cues to a witness if they are aware of the suspect’s identity in a lineup.
Simultaneous presentation of suspects has been shown to lead witnesses to make relative judgments rather than confident selections.
Lineup administrator instructions may be misleading. Some may encourage witnesses to choose one of the suspects in the lineup, regardless as to whether or not the suspect is actually present in the lineup.
Eyewitness trauma may also lead to the inability to make detailed observations while the crime is taking place.
Many organizations, including the American Bar Association have recommended using double-blind lineup administrations when handling eyewitnesses to a crime. In a double-blind process, the law enforcement official who presides over the lineup does not know the identity of the suspect. According to the ABA, this procedure removes the risk of the officer inadvertently or unintentionally suggesting where the suspect may be in the lineup.
It is also proposed that the identification process be recorded so that the administrator’s instructions and bodily cues can be reviewed if needed.
Find legal assistance
Facing criminal charges can be devastating, especially if you are falsely charged with a crime. A criminal charge can lead to prison time, fines and a marred reputation. An established attorney can offer essential legal counsel, and is fundamental in creating a solid defense in your case.]]>On Behalf of Berger Law Firm, P.C.<![CDATA[Hacker techniques are now employed in the battle against child porn]]>https://www.peterbergerlaw.com/?p=465652023-10-27T11:14:16Z2022-07-29T22:02:18Zinternet pornography. Last year, Scientific American reported on powerful new software being developed by Oak Ridge National Laboratory engineers to identify and locate those who exchange pornographic images of children via the Internet.
Significant resources are expended by both state and federal authorities (including the FBI, Homeland Security, and various combined State and Federal task forces, in attempting to locate those who they believe are exploiting children via the Internet. The investigations, of course, most commonly lead to the arrest of those possessing and sharing via file share programs (which is +5 Distribution under the Federal Sentencing Guidelines), but also intensely focus upon those cases involving the actual photographers, and those trafficking in children. The Iowa Internet Crimes Against Children Task Force notes that Iowa state and local law enforcement authorities work closely with federal authorities to ferret out those allegedly involved in receiving, sending, or producing child porn images. As proof of its efforts, the ICAC website features press releases touting the stiff sentences meted out to Iowans successfully prosecuted for child pornography.
Consequences of conviction
It is a federal and state crime if the internet is used for receiving, sending or producing child porn images. Harvard Law School Professor Carol Steiker observes that federal child pornography mandatory minimum sentencing guidelines have been rather controversial. The controversy stems from the fact that the sentencing guidelines do not appear to take into account the difference between commercial producers and distributors of child pornography and those who merely download child porn in order to view it. Many people who merely view pornographic images of children may get a lengthy prison sentence even though they have never personally abused children. The trend in most jurisdictions is for shorter sentences, because of the harshness of the Guidelines which are only advisory, but which used to be closely followed by judges. An example of just how unfair the Guidelines were always interpreted is the assessment of a two- level increase for the use of a computer during the commission of the computer crime, believe it or not! In Iowa, there is still a major split with the Northern and Southern federal districts, and even within the Sioux City vs. the Cedar Rapids locations within the Northern District as to how harsh or lenient any sentence is.
Under federal law, child porn offenses carry steep criminal penalties. Between 1997 and 2007, the average sentence for child porn offenders increased from 20 months to 91 months-an increase of over 400 percent. First-time offenders who send or receive child pornography via the Internet face a mandatory minimum sentence of five years with a maximum sentence as high as 20 years. First-time offenders convicted of producing child porn images face a statutory minimum of 15 years in prison with the maximum being 30 years. An offender with prior child porn convictions could receive life imprisonment. For updates with each Federal District’s sentencing statistics call the office and speak with Peter Berger at 515-288-8888; and/or watch for a follow-up article about recent sentencing trends and statistics.
Seek legal help
It is a serious matter whenever an Iowa resident, or anyone from another state, faces charges of having committed a sex crime, which includes child pornography, because even when photos are “just” viewed, a child somewhere was victimized. These charges have the potential to destroy one’s reputation, injure one’s family and cause employment problems, not to mention having to go through treatment and register as a sex offender. And, of course, conviction could lead to a lengthy prison sentence. Often, defenses are available to sex crime charges that could lead to a reduction of the charges, potential refer to State Court, or possibly their dismissal. If child pornography charges have been leveled against you, you need to contact an Iowa attorney with experience in handling sex crime cases.]]>On Behalf of Berger Law Firm, P.C.<![CDATA[Catholic Church Sexual Abuse Cases]]>https://www.peterbergerlaw.com/?p=465632024-03-12T19:35:12Z2022-07-29T22:01:35ZAttorney Peter Berger is a recognized leader in all forms of sexual abuse litigation. He has obtained settlements and verdicts in cases ranging from winning litigation against Bortell’s Ranch, for child sexual abuse; to successful representation of numerous altar boys, who were molested by Monsignor Zuck, in the Des Moines Diocese, resulting in significant monetary settlements, and in-person apologies by Bishop Sharon; to other successful litigation representing abused altar boys, now adults, regarding their sexual abuse in other catholic dioceses. He has over forty-two years’ experience in dealing with sex crimes. Peter Berger strives to compensate his clients through aggressive prosecution of claims against perpetrators of childhood sexual abuse and the religious and business entities that conceal and protect them, whether through fair monetary settlement, or verdict at trial.
There have been documented settlements for more than 6,000 people who allege sexual abuse by Catholic clergy. However, the number of altar boys and other affected individuals is estimated to be much higher because of cover-ups and the “systemic culture of secrecy” in Dioceses committing abuse.
Recently, on February 15, 2019, the Sioux City Diocese, in Iowa, released a list of 28 priests credibly accused of abusing minors. 13 of the priests had multiple accusers. 12 of them are listed as having abused girls; 13 abused boys; and 3 committed abuse on both. The first credible accusation was in 1948, with the most recent in 1995. There are $4.5 million known settlements paid by the Sioux City Diocese to 58 victims since 2002.
More and more incidents of abuse are now coming to light. In Texas nearly 300 names of predator priests were just released. In 2018, More than 1,000 children were molested by hundreds of Roman Catholic priests in six Pennsylvania dioceses. Children, because of their naivety and vulnerability, are frequent targets, but adults can be affected too. Pope Francis has admitted that clerics have sexually abused nuns, and in one case they were even kept as sex slaves.
Those who have been affected by sexual abuse usually suffer from lasting physical and psychological symptoms, such as depression, PTSD, dissociation, and sexual disorders to name a few. Because the harm done is so great, verdicts and settlements are often substantial. Recently, four men who were repeatedly sexually abused as children by a religion teacher at a Roman Catholic Church reached a $27.5 million settlement with the Diocese of Brooklyn. BishopAccountability.org has done an excellent job of documenting examples of settlements like this.
Many plaintiff altar boys are now in their 40-50s, with some exceptions. In circumstances like these, there may be issues with Iowa’s statute of limitations. Normally in Iowa the statute of limitations is two years with some exceptions. Iowa, like many other states, permits lawsuits where it is recently learned the church has withheld information.
Not only contained to the Catholic clergy, as of April 24, 2019, more than 12,000 children involved in the Boy Scouts of America have also been reported as abused, with as many as 7,819 perpetrators reported.
If you would like more information about Mr. Berger‘s sexual abuse law practice, please request a consultation. Your privacy will be respected and your identity will remain confidential, unless you give permission and it is appropriate to do so.]]>