Ritenour Declines Plea Deal

Alicia Ritenour

Oskaloosa, Iowa – An Oskaloosa mother, Alicia Ritenour, is accused of First Degree Murder, a Class “A” Felony, in the death of her infant daughter on January 24th of 2014.

Ritenour declined a plea-agreement this past week during a pretrial hearing, and has filed a written Not Guilty plea with the court.

Ritenour and her attorney, Mike Adams, appeared before 8th Judicial District Judge Myron Gookin on October 30th. The State was represented by  Susan Krisko, Assistant Attorney General and Amy Zenor, Assistant Mahaska County Attorney.

The State says that their discovery for the trail has completed and defense has outlined who their witnesses will be in the case, with one deposition to yet be completed. Both parties agreed that should be accomplished in time for the first day of trial. Adams said that both parties have worked cooperatively during the discovery process, and doesn’t see any change in that regard.

During the hearing, the court put into record a plea deal that had been submitted by the State to Ritenour. The State offered Attempted Murder, which is a Class “B” Felony, and carries a mandatory 25 year sentence. The second charge Child Endangerment Resulting in Death, a Class “B” Felony remains the same.

Ritenour’s attorney, Adams, said that he and his client discussed the pros and cons of the offer. “We have discussed the ramification of not taking that offer,” said Adams. “She does not want to take that offer.”

Judge Gookin addressed Ritenour in court, asking her “do you understand the charges that are pending against you right now and the potential consequences that would come with a conviction of those charges?”

Ritenour answered, “Yes sir.”

“Have you understood the offers that have been made as a part of plea negotiations in this matter and the potential consequences of guilty pleas to those offers,” asked Gookin.

“Yes sir,” answered Ritenour.

“And is it my understanding then Ms. Ritenour, that you desire to reject or decline the offer that’s been proposed by the State on a plea bargain?” Asked Gookin.

“Yes sir.” Ritenour responded.

“It’s your desire to proceed to trial on November 12th on the charges of Murder in the First Degree and Child Endangerment Resulting in Death?” said Gookin.

“Yes sir.” Ritenour said.

Ritenour’s trial is scheduled to begin November 12th, and last approximately 5 days.

Before the trial starts, a motion by the State for an Order in Limine will be decided. “A motion in limine is a motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.”

The request by the State, the Order would direct the defense, whether through counsel or witness, not to refer, at any stage of the trail to the following:

1. – The penalty or punishment for the offenses charged.
2. – Any witnesses testifying about the credibility of other witnesses. Further, any reference by defense counsel calling the victim or any other witness a liar. The parties should not refer to the defendant, or any other witness as a “liar” due to its disparaging nature.
3. – Any statements made by the defendant that are offered by the defendant. These statements would be hearsay since these statements would not be offered against the defendant. Also any hearsay by another witness. More specifically, the State believes that the defendant may attempt to offer statements given to a police officer during the investigation of this murder by a Z. Beason. These statements met none of the exceptions to hearsay and would need to be challenged by cross-examination of Z. Beason.
4. – Any evidence regarding non-pertinent character traits of the any witness. Such evidence, either through specific instances of conduct, reputation or opinion, is inadmissible pursuant to Iowa Rules of Evidence 5.403, 5.404(a) and 5.405 (a) & (b) and is not relevant to the issues in this case. Such evidence includes but is not limited to:

• a) Any discussion regarding witness Jacob Rauch and Logan Cavan’s criminal history. If either witness has a felony conviction or conviction for a crime involving veracity, those issues are admissible however; arrests and conviction less than felony are not admissible. This would include asking law enforcement whether they had dealing with these witnesses or their family members previously.

1) This would also include any questions or testimony reference juvenile proceedings in reference to these witnesses.

• b) Any discussion of drug usage of any witness unless during the time period of the death of Ava Ritenour. Prior drug usage is irrelevant unless it goes to the time in question.
• c) Any discussion of guns or knives being owned by any witnesses. This is not relevant to this case. A.R. was killed by blunt force trauma, A.R. was not stabbed or shot.

Ritenour remains in the Mahaska County Jail on half-a-million dollar bond.

On Friday, January 24, 2014, at approximately 2:11pm, the Oskaloosa PD received a 911 call from Apartment 224 at the Southern Hills Apartment Complex, located at 18th Avenue East in Oskaloosa. Upon arriving at the scene Officers found Ava Ritenour, 18 months old, deceased.

An autopsy was performed at the Iowa Office of the State Medical Examiner on the body of Ava Ritneour on January 25 and 26, 2014 by Dr. Michele Catellier, who determined the cause of death to be trauma to the head. The manner of death will be classified as a homicide.

At the time of Ritenour’s arrest, Oskaloosa Police Chief Jake McGee said that there were others present in the apartment during the overnight hours before Ava Ritenour’s body was discovered.

A criminal charge is merely a criminal charge and not an indication of guilt. All suspects should be considered innocent until proven guilty.