Skywalk child-stealing criminal case in Des Moines at a standstill
More than four months after a mother with a gun stopped two people who allegedly were trying to steal her child in the Des Moines skywalk, court records show the prosecution of both suspects has run into delays.
Laurie Potter, 56, and Michael Ross, 43, were charged with child stealing after the Jan. 5 encounter, which took place at the skywalk entrance to the Hubbell Tower Apartments building at 904 Walnut St.
According to court records and police statements, Hubbell manager Shay Lindberg saw Potter and Ross at the door of her office waving at her young son, who was at work with her, and thought the two were there to apply for jobs. But when Lindberg opened the door, Potter allegedly told her to give her the child, saying she was his real mother, then grabbed his arm and tried to take him with her.
Lindberg, who was legally carrying a firearm, drew the weapon and told the two to leave. Police arrested them soon after.
Ross and Potter have now had preliminary hearings in court, but both cases have run into delays. Court records show a new warrant for Ross' arrest after he failed to report to a treatment program as ordered, and Potter has been found incompetent to stand trial, at least for now.
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Laurie Potter on months-long waitlist for treatment
Court records show that an attorney for Potter ― who allegedly claimed the child's real father was "Thor"― filed a motion Jan. 13 asking that she be evaluated for competency.
After a hearing in February, Judge Jeffrey Farrell suspended proceedings, finding Potter "is suffering from a mental disorder which prevents her from appreciating the charges, understanding the proceedings or assisting effectively in her own defense" and that she "poses a danger to the public peace and safety" and "refuses to cooperate in treatment."
Farrell ordered Potter be treated at the Iowa Medical and Classification Center, the state's primary correctional medical facility, but it's not clear when that will happen. The Department of Corrections has limited capacity for competency restoration treatment, making it a bottleneck that frequently causes lengthy case delays.
In one Polk County murder case, defendant Eric Stricklin was ordered to receive competency treatment in October 2022. In January, his attorney let the court know that Stricklin was then 36th of 42 people on the IMCC's waiting list. It was not until this month that Stricklin finally was admitted for treatment.
As of April 19, Potter remains in the Polk County Jail, according to jail records and court filings. Her competency hearing has been postponed repeatedly and currently is set for May 10.
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Michael Ross disappears after pretrial release
Attorneys have not raised concerns about Ross' mental competence, but court records show that on April 3, Farrell approved him for pretrial release after prosecutors and his attorneys agreed he should be permitted to seek inpatient treatment at an addiction recovery facility.
That has not gone according to plan. On Monday, pretrial release services reported to the court that Ross had not gone to the agreed-on facility for treatment, and that they do not have any records of him as a patient. Ross also is not living at the men's shelter he identified as his current residence, and he provided no phone or email address where he can be reached.
"His current location is not known," the pretrial officer wrote.
In response, Farrell on Tuesday revoked Ross' pretrial release and issued a warrant for his arrest. He is currently scheduled for trial Aug. 10.
Attorneys for Potter and Ross did not return messages inquiring about the status of the cases. Lynn Hicks, a spokesman for the Polk County Attorney's Office, declined to comment on the cases beyond what is contained in court filings.
"We hope both defendants receive the treatment they need," he said.
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William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com, 715-573-8166 or on Twitter at @DMRMorris.
This article originally appeared on Des Moines Register: Des Moines skywalk child-stealing case delayed for both defendants
