–Lawyers for an Algona teen who’s facing over a dozen felony charges in three counties are moving to suppress evidence and have the charges dismissed, alleging prosecutors violated his due process rights by intentionally waiting to file charges until after he turned 18.
The motions were filed on behalf of 19-year Demetrius Heidelberg earlier this month in Kossuth County District Court.
In April of 2025, Heidelberg was charged with 8 counts of Stalking Using a Technological Device, 6 counts of Stalking a Person Under 18 Years of Age, and 2 counts of Extortion in Kossuth County. Related charges were filed in May of 2025 in Palo Alto County and July of 2025 in Humboldt County.
In his motions, Attorney Adam Miller argues each of the charges stem from incidents that allegedly occurred between January and March of 2024, when the defendant was 17. He also argues that law enforcement officials indicated in depositions that their investigation had concluded by the spring of 2024, but no charges were filed until the following April.
Miller cited a 1996 Iowa Supreme Court Ruling, State V. Trompeter, where prosecutors waited until the defendant’s 18th birthday to charge him as an adult for an offense that occurred when he was 16. In that case, the court ruled that the defendant’s due process rights were violated by the intentional delay and upheld a lower-court’s decision to dismiss the charges.
A hearing on these motions is scheduled for February 17th in Kossuth County District Court.
