State of Iowa v. Jeffrey Alan Soboroff
2011 Iowa Sup. LEXIS 34
| Iowa | 2011Background
- Soboroff was convicted of threats under Iowa Code 712.8 for a website slideshow titled “Target for Tonight” about contaminating Calamus’ water with Thorazine.
- The defense argued 712.8 does not cover drug contamination of a drinking supply, and that counsel was ineffective for not moving for acquittal or requesting a “true threat” jury instruction.
- The court held 712.8 can cover threats to contaminate a water supply with a psychotropic drug and that substantial evidence supported the threat.
- Levien flushed the water system after viewing the slideshow; deputies audio-recorded Soboroff; Soboroff posted videos; Thorazine was not found in the water system.
- A jury instruction defined “destructive” and “threaten”; Soboroff sought a true-threat standard, and the court ultimately reversed and remanded for new trial due to ineffective assistance and lack of true-threat instruction.
- The case proceeded under a district-court ruling that treated the evidence as sufficient for a prima facie case; Soboroff was sentenced to up to five years, with probation imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 712.8 cover threats to contaminate water with Thorazine? | Soboroff | State | Yes, 712.8 can cover destructive-substance threats including water contamination. |
| Was there sufficient evidence Soboroff made a true threat? | Soboroff | State | Substantial evidence supported a reasonable interpretation of a threat. |
| Was counsel ineffective for not moving for acquittal on a true-threat basis? | Soboroff | State | No; trial record supports proper submission; nonetheless, remand for new trial on true-threat instruction. |
| Should the jury have been instructed on the “true threat” standard? | Soboroff | State | Yes; lack of true-threat instruction requires remand for new trial. |
| What is the appropriate remedy given the instructional deficiency? | Soboroff | State | Conviction reversed and remanded for new trial. |
Key Cases Cited
- State v. Milner, 571 N.W.2d 7 (Iowa 1997) (true threats limit criminal threats to those understood as threats by reasonable person)
- State v. Lane, 743 N.W.2d 178 (Iowa 2007) (milestone on interpreting ‘true threat’ evidence)
- State v. Dudley, 766 N.W.2d 606 (Iowa 2009) (counsel need not raise meritless issues)
- State v. Hennings, 791 N.W.2d 828 (Iowa 2010) (sufficiency of evidence standard; correction of errors at law)
- State v. McCullah, 787 N.W.2d 90 (Iowa 2010) (substantial evidence standard; guiding interpretation)