Trial date for Mindy Jones arson case moved a third and fourth time, and now scheduled for November 12 this year

Mindy Jones ...
Mindy Jones ... Photo by the Minnesota Department of Corrections.

The jury trial date for the arson case involving Mindy Jo Jones was recently changed for a third and fourth time since the original trial date in the case was first set for just over one year ago. According to court documents filed in Allamakee County District Court by both legal representative sides of the case, those third and fourth changes came within just the past several weeks, first moving that trial date up but then pushing the date back a bit further - ultimately settling on a Tuesday, November 12 date for this year.

With a jury trial date of February 26, 2025 having most recently been set in July of this year, one of the above-mentioned documents filed in Allamakee County District Court Friday, September 13 by Jones’ legal counsel, Aaron Hawbaker of the Iowa Public Defender’s Office in Waterloo, indicated that she has “redemanded” her right to a speedy trial, initially resulting in a third rescheduled trial date in the case of October 30 of this year. She had originally waived her right to a speedy trial in February of this year, resulting in a second continuance delay in the case, and Allamakee County Attorney Anthony Gericke said a “redemand” of that right is perfectly legal and happens more times than a person may think.

“It’s not uncommon for someone to redemand their right to a speedy trial,” Gericke said. “Basically, what it does is requires her trial to be heard within 90 days of her redemand filing, which would be by sometime in mid-December now.”

The filed court document did not offer a reason for the redemand, and Gericke confirmed that no reason was stated nor has to be stated. He also said it doesn’t really affect the State of Iowa’s preparation for the case, as the prosecution in the case has been ready since its original trial date that had been set for October of 2023 - just over a year ago.

However, since that rescheduling advancement to the October 30 date of this year, additional court documents filed last week - Monday afternoon, September 30 - by Gericke, in conjunction with State of Iowa Assistant Attorney General Israel Kodiaga, explain that in the most recent preparation for the trial it was discovered that two of the State of Iowa’s witnesses, described as being “imperative to the State’s case in chief,” will not be available during that rescheduled October 30 trial date. Those documents further suggested the trial be moved back to either the first or second week in November.

Hawbaker’s response to that motion for November trial dates noted that his client, Jones, “resists the motion to continue, to prevent any future claim of acquiescence by Defendant should additional scheduling issues arise for the State,” meaning that if this change to a November trial date was allowed, it does not mean that Jones and her defense team will agree to future delays proposed by the prosecution. Despite that noted resistance, both parties agreed that the new trial date will now be scheduled to begin Tuesday, November 12 at 9 a.m. in Allamakee County District Court. A pretrial conference has also been scheduled for Monday, November 4 at 10:30 a.m.

Jones was originally arrested in the case March 13, 2023 on charges of Arson-First Degree (a Class B felony) and Animal Abuse (an aggravated misdemeanor) after more than a year’s worth of investigation by local, State and Federal authorities into the February 13, 2022 fire at 9 Allamakee Street in Waukon that destroyed two business buildings and damaged others located in adjacent structures, in addition to resulting in the death of a canine in an upstairs apartment as a result of the fire. One of the buildings that was destroyed housed Jones’ own Tin, Rust & Harmony consignment business that she had also operated in several other locations.

The original trial date of October 4, 2023 in the case was delayed after it was revealed that Jones “had no contact with counsel for several months and defendant made an oral request for new counsel,” according to court documents, with Hawbaker then being appointed as the fourth public defender Jones has had in the case since being arrested. The resulting new trial set for February 21 of this year - after the October 2023 continuance was granted - was also delayed after Jones filed her waiver of speedy trial in light of additional court proceedings she was already involved in through the state of Minnesota.

Since that February trial delay from this year, two review hearing dates of April 1 and May 6 of this year were also both granted continuances. The April 1 review hearing had been granted a continuance (and rescheduled to May 6) following the sentencing of Jones March 29 in Fillmore County, MN to a 27-month incarceration after her conviction on several counts of felony theft in that state. Once Jones began that incarceration in the Minnesota Correctional Facility in Shakopee, MN, the continuance of the May 6 hearing was granted after Hawbaker filed a motion indicating that now that Jones had been placed within the Minnesota prison system, he needed more time to try and meet with her to further discuss the arson case prior to any review hearing, resulting in a July 1 hearing being scheduled that ultimately proved to not be formally needed, as legal counsel on each side of the case agreed to a trial date through phone conversations prior to that July 1 scheduled hearing time.

That agreed-upon trial date had been scheduled for February 26, 2025 but the most recent court filings described above have moved the trial again - first up to October 30 of this year after Jones’ September 13 “redemand” for a speedy trial, and now most recently to that Tuesday, November 12 date scheduled in Allamakee County District Court.