Jackson County IA Archives News.....Judge Places Club Dancer On Probation October 4, 1969
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Ken Wright wright@prestontel.com February 16, 2013, 10:46 am

Omaha World Herald October 4, 1969
Omaha World Herald, October 4, 1969 

Judge Places Club Dancer On Probation 

Maquoketa, Iowa (AP) 

Three persons were sentenced to prison Friday in the slaying of Bellevue, Ia.,
police chief, Earl Berendes, who was beaten with a shovel while investigating a
break-in at a garage in Bellevue. Sentenced to 75 years each in Jackson County
District Court were Richard Schmitz, 27, and William Sweeney, 22, both of
Dubuque. Allene Kuhse, 19, a Dubuque go-go dancer received a suspended
three-year sentence and was placed on probation. 

Both Schmitz and Sweeney originally had been charged with first-degree murder.
The charge was later reduced to second-degree murder and they both pleaded
guilty. Miss Kuhse pleaded guilty to conspiracy. She had entered an innocent
plea earlier to a charge of first-degree murder. The charge was dropped Friday
afternoon. 

Before passing sentence on Schmitz, Judge Arthur Janssen denied a request from
Assistant Attorney General David Elderkin to enter the case. The judge said the
case against Schmitz would be prejudiced if Elderkin were to assist "as an
unassociated prosecuting attorney." "Please don't interrupt," Janssen said when
Elderkin asked that his plea be heard. Elderkin was sent to Maquoketa to
represent Attorney General Richard Turner who had told the Iowa Supreme Court on
September 5th, that Judge Janssen acted illegally in permitting the two men to
plead guilty to the reduced charge. He urged the court to undertake a full
review of the case. Turner contended the please resulted the pleas resulted from
"a deal, a bargain" between the defendants and Jackson County Attorney Ralph
Kauffman, and that the judge participated in the deal. 

In handing down the suspended sentence, Janssen told Miss Kuhse, "I never
considered you to be a criminal. You just hung around withe the wrong kind of
people." He suggested she change her profession as a go-go girl even "though
according to your itinerary, you must be a pretty good one." 

In answer to a request by Sweeney's attorney that the sentence be reduced, the
judge answered, "If there is to be any mercy for Sweeney it will have to come
from the state parole board." 

Berendes was killed April 17 in the Achen Chevy-Olds garage where he apparently
had surprised burglars. The shovel used in the beating was found near his body. 




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