DES MOINES – A woman formerly of Charles City that was found guilty of felony second degree sexual abuse involving a child and has been serving a 25 year prison sentence has won an appeal in her case.
Jill Tjernagel, age 56, was sentenced to 25 years in prison on September 8, 2015 and was shipped to the Iowa Correctional Institution for Women in Mitchellville, Iowa on September 10 by the Hamilton county sheriff’s office. She was ordered to pay $25,972.75 in fines, court fees and other costs. Additionally, she must register as a sex offender. Records show she is still incarcerated and has paid $25,924.07 of $25,972.75 she owed to Iowa courts in the case.
However, the Iowa Court of Appeals has reversed and remanded the case, NIT has learned.
According to court records:
Jill Tjernagel appeals her conviction and sentence for sexual abuse in the second degree following a jury trial. She argues (1) trial counsel rendered ineffective assistance resulting in prejudice by failing to object to (a) impermissible expert testimony consisting of vouching for the credibility of the victim, using statistics to imply guilt, profiling the defendant, and giving information that was within the common knowledge of the jurors, and (b) misconduct by the prosecutor in soliciting expert vouching testimony; (2) the district court erred in denying her motion for new trial based on her claims of impermissible vouching testimony by expert witnesses; (3) the jury wrongfully considered extraneous and inaccurate information regarding punishment; (4) her rights to compulsory process and due process were violated when the district court quashed subpoenas for prosecutor testimony in relation to her claims of prosecutorial misconduct; and (5) cumulative evidentiary and constitutional errors violated her rights to a fair trial and due process. Upon our review, we reverse Tjernagel’s conviction and remand for new trial based on her claim trial counsel was ineffective in failing to object to expert witness testimony vouching for the credibility of the child victim. Because we expect testimony regarding statistics, profiling, and common knowledge to be issues that will be presented again on retrial, we will address them. We do not reach Tjernagel’s other claims.
In June 2014, the State charged Tjernagel with the crime of sexual abuse in the second degree, in violation of Iowa Code sections 709.1(3) and .3(2) (2013), stemming from allegations Tjernagel sexually abused her step-grandson, L.K., when she babysat him at her home sometime before February 20, 2013. The testimony at trial alleged the conduct occurred when L.K. was between four and six years old.
In April 2015, a jury found Tjernagel guilty of second-degree sexual abuse. Tjernagel filed numerous posttrial motions raising several grounds for new trial and requesting reconsideration of her claims. After a hearing on the motions, the district court denied Tjernagel’s motions and preserved her claims of ineffective assistance of counsel for postconviction relief.
The district court entered judgment of conviction and sentenced Tjernagel to a term of imprisonment for no more than twenty-five years, carrying a mandatory minimum of seventy percent, and a lifetime special sentence pursuant to Iowa Code section 903B.1.
According to Communications Director Geoff Greenwood at the Office of the Attorney General of Iowa, options for a possible new trial are being weighed.
“Our office has 20 days to decide whether to seek further review. At this stage we are considering our options.”
As far as Tjernagel’s current status, she won’t be released from jail, yet, NIT has learned.
“We have time to consult with the county attorney and decide whether to seek further review,” Mr. Greenwood told NIT. “If we don’t, the case is remanded back to District Court. At some point she could request a bond hearing, but that’s really a question for her attorney and not us.”
