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Lopez’s long-awaited Brady-Giglio hearing shut behind closed doors
After nearly two years of legal battles, Deputy Carlos Lopez finally had his day in court — though no one was allowed to watch it unfold
Southeast Iowa Union offers audio versions of articles using Instaread. Some words may be mispronounced.
MT. PLEASANT — The much-anticipated hearing over Deputy Carlos Lopez’s placement on the Brady-Giglio List opened Tuesday morning in Mt. Pleasant — and closed almost immediately, after District Court Judge Tom Reidel agreed with Henry County Attorney Darin Stater’s request to bar the public.
Both Stater and Lopez’s attorney, Charles Gribble, asked that the hearing be closed. Stater urged the entire proceeding be sealed and cited Iowa Code 80F.1 (25), which permits either the officer or the prosecuting agency to request a closed hearing. Gribble countered that opening and closing statements should remain public, but Judge Reidel ultimately sided with Stater and closed the proceeding in its entirety.
Sheriff’s office employees, community members, and Lopez’s wife, Beth, had all taken seats inside the courtroom before the hearing began, but were forced to file out once Judge Reidel’s ruling came down, and gathered just outside the closed doors on the third floor of the Henry County Courthouse.
Lopez petitioned for the review on Dec. 4, 2024, following the passage of House File 2592, which took effect July 1, 2024. Legislators designed the measure to give officers placed on the Brady-Giglio List a chance to challenge the decision in District Court through a confidential evidentiary hearing, with the possibility of reversal.
Stater maintains that Lopez belongs on the list because of how he handled a 2023 felony theft arrest involving the Wagler family in Wayland. According to prosecutors, Lopez had already decided probable cause existed before reviewing the search warrant evidence, and his affidavits contained inaccurate statements. Although the case was later dismissed, Stater argued those missteps justified his placement.
Sheriff Rich McNamee has taken the opposite stance, publicly defending Lopez and calling the disputed statements errors in phrasing rather than dishonesty. McNamee has said Lopez has built a strong record since joining the department in 2020, and he argues that the Brady-Giglio designation has worsened tensions between his office and the county attorney.
In a trial brief filed Aug. 13, Stater urged the court to dismiss Lopez’s petition. He argued it was filed too late, that parts of Iowa Code 80F.1 are unconstitutional, that Lopez’s placement was justified on the facts, and that declaratory judgment is not an appropriate remedy. Lopez’s attorneys disputed each of those claims, instead seeking judicial review, injunctive relief, and recovery of costs in their own brief prior to the hearing.
Beth Lopez has described the toll the dispute has taken on their family, writing shortly before the hearing that “for nearly two years, we’ve been fighting an uphill battle — one that’s challenged every notion of what ‘normal’ used to be.”
Despite the strain, she said the family remains determined: “We will continue to fight … and we have no doubt — Carlos’ name will be cleared.”
Inside the courtroom Tuesday, Lopez sat alone from about 9:30 a.m. until 3 p.m., with a brief lunch break, while supporters waited nearby. Judge Reidel is expected to issue a ruling within 30 to 45 days.
Comments: AnnaMarie.Kruse@southeastiowaunion.com
