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An Anonymous Coward writes:

According to The Des Moines Register [desmoinesregister.com], the Coalfire penetration testers, Justin Wynn and Gary Demercurio, have had their charges reduced to Trespass (Iowa Code § 716.8(a)(1)) and the previous charge of Possession of Burglary Tools (Iowa Code § 713.7). This whole case may hinge on the penetration testers mistake in their authorization (if not actual authorization) to enter under Iowa Code § 701.6 or, as the model jury instructions put it:

The defendant claims that at the time of the act in question, he was acting under a mistake of fact as to (element of crime to which mistake of fact is directed). When an act is committed because of mistake of fact, the mistake of fact must be because of a good faith reasonable belief by the defendant, acting as a reasonably careful person under similar circumstances.
The defendant must inquire or determine what is true when to do so would be reasonable under the circumstances.
The State has the burden of proving the defendant was not acting under mistake of fact as it applies to the question of (element).

To editorialize, it seems to this humble submitter that the county better take their ball and go home, as they have quite the hill to climb against defendants with almost unlimited money. But then again, both sides are acting out of righteous indignation at this point.

Original Submission