Sickels, Christensen sentenced for sexual assault of bartender

DES MOINES — Former Creston Police Chief James Christensen and former Creston Assistant Police Chief John Sickels were both sentenced to 25 years in prison for their roles in the April 2008 sexual assault of a bartender at Crestmoor Golf Club.

Fifth District Chief Judge Arthur E. Gamble handed down the mandatory sentences Wednesday in Polk County District Court.

The ex-police officers must serve 70 percent of the sentence before they are eligible for parole. Upon their release, Sickels and Christensen will remain under supervision as if on parole, have five years of supervision by electronic monitoring device and must submit DNA to the state’s DNA database. Both men will remain in the custody of the director of the Department of Adult Corrections and be listed on the sex offender registry for life.

“This sentence will provide you with the maximum opportunity for rehabilitation while protecting the community from further crimes by you,” Gamble told the defendants. “It will deter you from criminal conduct in the future.”

Sickels and Christensen were transported to the Iowa Security and Medical Classification Center at Oakdale for evaluation before they are moved to a permanent facility.

Because the crime is a forcible felony and sexually predatory offense, probation was not an option and the men would face enhanced punishments for similar crimes in the future.

Gamble cited force as an aggravating factor in the case, and said the crime has had “a substantial and detrimental effect” upon the victim, her family and the community.

Sickels and Christensen were convicted of second-degree sexual assault on March 12 after a nine-day trial in Woodbury County. A jury concluded Sickels committed a sex act, by force, against the will of the victim while Christensen aided and abedded him.

An appeal of the judgment and sentence can be made by the defendants within the next 30 days. Neither man is eligible for bond on appeal, but they will receive credit for time served.

“We will be starting the appeal process right away,” said Vicki Sickels, John’s sister. “We hope that the truth comes out through the appeals process.”

A victim restitution hearing will be scheduled for a future date.

New trial request

The defense’s motion for a new trial and in arrest of judgment were overruled by Gamble Tuesday. He previously overruled a motion for a mistrial made by the defense during closing arguments in March.

Sickels and Christensen contended they were denied due process and a fair trial by misconduct from prosecutor Becky Goettsch during her rebuttal closing argument when she shifted the burden of proof to the defense by essentially saying, in order to find them not guilty, the jury would have to believe the defendants.

It was determined by the court that the trial was not characterized by lack of civility or unprofessional conduct, and the state’s evidence and victim’s testimony were the central theme. There was no reasonable probability the prosecutor’s misconduct prejudiced, inflamed or misled jurors into returning a guilty verdict.

An arrest of judgment was denied due to there being no deficiency in the record enabling the court to determine no legal judgment could be pronounced against them.