With another warm up to the upper 40s a surprising turn of events today in the trial of a man girlfriends daughter. Joe lopez is charged with first degree murder. Prosecutors say he abused 20 monthold ruby alvarez fracturing her skull and breaking her ribs. Today. Alvarezs mother took the stand. were you still in a romantic relationship with mr. Lopez . it was on and off, um, he would force sexual intercourse with me. nissa alvarez mother of deceased toddler well, lets just talk about did you write him a love letter . Nan horvat assistant polk county attorney i did. nissa alvarez mother of deceased toddler 24 yearold nissa alvarez was living with lopez at the time of her daughters death in 2014. After that unexpected testimony. The defense asked the judge to declare a mistrial. 12 39 3959 i have carefully for considered the motion for mistrial based upon the information that mr. Brown indicated was the basis for his motion. I am declaring a mistrial. Council for the parties. Cut it out. No more outbursts or family members of lopez could be heard applauding when the judge read her decision. Lopez claims the child fell from a high chair causing the injuries that lead to her death. His attorneys refused to comment. Other than expressing frustration. The motion for mistrial was required for the purpose of protecting our clients rights. Everybody involved in the case on every side of the case, and including the witnesses as well im sure are disappointed, because it means backing up to square one and trying the case all over again and its disappointing for everyone involved. lopez will remain in custody in polk county. The case will have to be re tried with a new jury. The tentative date for that is may second, but an official date has not yet been determined. Against two men who were involved in a fight with a former iowa state basketball player at the home of a High School Principal last fall. It happened at the glenwood home of principal richard hutchinson. Police say hutchinson confronted a group of people who used a racial slur outside his home. That lead to aa fight that included hutchinsons stepson. Former iowa state cyclone hurl beechum. Three people. Including beechum. Were arrested after the fight. This week prosecutors dropped the charges against the other two men. Denver cook and colton mcdaniel. Prosecutors say the investigation shows the men werent the aggressors in the fight. Beechum, however, is still charged with intimidation with a weapon, going armed with intent, willful injury and two counts of assault. He allegedly shot mcdaniel in the leg during the fight. The chief justice of the Iowa Supreme Court delivered his state of the judiciary address this morning. Mark cady laid out his priorities for 2016. Which include ending Human Trafficking and Racial Disparity. Reid chandler has this story. The three words Iowa Supreme Court chief Justice Mark Cady used to describe the iowa judicial system in his annual address wednesday morning. 11 23 30 Racial Disparity remains too high. We know we have more work to do and will continue to work with communities to develop broad based solutions to this complex issue. Chief justice mark s. Cady Iowa Supreme Court ending Racial Disparity a major focal point for 2016. 11 22 33 one response has been to seek better understanding of the many causes of Racial Disparity. Last year, the Judicial Branch trained 716 judges, magistrates, and other Judicial Branch staff to recognize implicit biases that may contribute to racial disparities. We will continue this training this year. Chief justice mark s. Cady Iowa Supreme Court another big goal putting a stop to Human Trafficking across iowa. 11 37 48 we can no longer view Human Trafficking as a problem reserved for major cities in america. It exists as a dark underworld in many communities across iowa and is associated with some of iowas most iconic places and events. There is no justice when children are abused and exploited. A prompt, comprehensive, and coordinated effort is needed to identify victims of Human Trafficking and provide the services and protection they need. Chief justice mark s. Cady Iowa Supreme Court goals state lawmakers say 11 51 55 i think the seeds were planted last year, and now its picking up momentum. And its momentum thats needed to bring about change. House rep. Ako abdulsamad des moines12 11 23 nothing that he put forth today was a surprise; the devil is in the details. We all have very broad, synonymous goals. We all want fair and impartial courts, we all want a lack of Racial Disparity, we all want no Human Trafficking in the state of iowa. The devil is in the details on how do we take those goals and craft legislation that is effective. House rep. Chip Baltimore Boone but dont expect Sweeping Change in just one legislative session lawmakers on both sides of the aisle agree the path to progress is made in small, but significant, steps. 12 16 00 weve been working with the Governors Office on some Domestic Violence legislation. Were looking at some generic criminal Justice Reform thats always kind of beauty in the eye of the beholder; criminal Justice Reform means Different Things to different people. House rep. Chip Baltimore Boonethe focus is there; now, are we going to solve the problem this session . Not at all. Are we going to do it in the next, probably, three years . Not at all. Can we at least put a dent in it . We have no choice but to do so. House rep. Ako abdulsamad des moines making a dent in the injustices across iowa. Something justices and lawmakers agree on its bigger than just one branch of government, and will likely take everyday iowans to desk. From the State Capitol in des moines, reid chandler, channel 13 news. Lawmakers add that one way to tackle the issue of Human Trafficking includes providing agencies with the funding needed to tackle the problem. With a tight budget outlined by governor branstad in his address yesterday, lawmakers may run into gridlock over laws that propose increases in funding. Have you decided what private island youre going to buy tomorrow . Or which professional sports team youll soon call your own . In less than six hours some luck american could become a billionaire. At ten oclock onepointfivebillion dollars is on the line in the biggest lottery drawing in history. Leanne gregg has more on the nationwide lottery fever. Thousands of people crossing the states that doesnt sell powerball tickets, into california, hoping to buy the winning ticket. Nat no one matched all 6 powerball number saturday, leading to the Current Record breaking prize, and feeding the frenzy. I think these are the winners and now that im on this is the luck. Odds of winning it all about one in 292 million. For many, not a deterrant, when buying the chance for a dream. When buying the chance for a dream. Its really simple, its 2 dollars for you to be able to dream big. To just fantatize about what you could possible do with 1. 5 billion dollars with high demand for tickets at gas stations, grocery and convenience stores, the mania is spreading into workplaces and office pools. Natural sound hi. I need your money for powerball. All about the prospect of winning, and the collective experience, how to spend a fortune. Before you start celebrating your billion dollar win and start making rash decisions. Make sure you double and triple check your numbers. A group of new jersey coworkers learned that lesson last weekend. Jay dow has their story. Julian trejos is on the job running the valet station at grissinis restaurant in englewood cliffs, new jersey, but only because he has no other choice. Well explain in a moment. 11. Yes 47. Yes . But first, lets start with this scene. 62. Yes 63. Yes this past saturday night at the restaurants bar, as julians coworkers read powerball numbers from one of the pooled tickets they purchased as a group. Incredibly, they hit every number. Powerball 17. Yeah it was surreal. That was the 20 minutes most i feel great. Valet drivers, bus boys, cooks in the kitchen including pedro maza all thought that they were going to share in the winnings and begin a new life. Remember, saturdays jackpot was already a record 900million dollars. They would each get away with a cool 22million bucks. The math after taxes. Be honest. We all do it. In fact, after learning he had hit tossed his apron and quit on the spot. Powerball 17. There was only one problem. Okay, listen carefully. The workers read numbers from the previous wednesdays powerball jackpot, for which no winning numbers were sold. Fastforward a few days to when they bought their ticket for saturday nights drawing. They were on their phones, during the drawing, looking at an outofdate website that listed an old set of winning numbers. It was left to bartender Charles Poveromo and host cladio campos. And im staring on his phone. I didnt want to believe that, but i just like, okay, thats the truth. the guys are still jumping around over there. Im like, oh, my god. is this one of those guys who was jumping around . Yes. Yes. I realized that something that was desperately, seriously wrong. You guys had been steve harveyd. Yes, we had. You wont need to hit the powerball to enjoy a meal at fort dodges newest restaurant. If fact you dont even need to bring your wallet if you dont want to. Coming up next. Find out what a hot meal will cost you. Or what it wont the city of fort dodge is moving here in vineland, home of progresso, we love all kinds of chicken soups. But just one kind of chicken. White breast meat chicken every time. So if youre not going to make your own chicken soup tonight, do what we do. Make it progresso. Look at this sweet face. So sweet. Ok, were going to need a napkin gooey, flaky, happy. Toaster strudel. The city of fort dodge is moving closer to a multimillion dollar pay day. Today the city was named a semifinalist in the americas best communities competition. Fort dodge is one of 15 cities left in the running for a threemillion dollar grant. More than 300 cities in the contest. The winner of the contest will be announced later this summer. A fort dodge woman is combating hunger there with a new cafe. Theres a catch though. You only pay what you can. I do a lot of baking, and was looking for something that i could give back to the community. A community that has helped me become a much better person Jodie Tietsort is a recovering alcoholic who wanted to pay back the community that helped her get her life turned around. Southwest circle cafe borrows an idea thats been popular in other states. With truly flexible prices. She says there is no need for anyone to go hungry in the community. you can pay that suggested price, or if you dont have that much, you can pay what you can, or if you dont have anything, were gonna serve you anyway, what we ask is that you volunteer after you eat. Whether you volunteer here at the cafe, or for another Service Organization here in town. One civic club will buy a certain number of meals per month, for those who cant pay. Ad lib main weather skies will temperatures staying steady in the upper 20s and low 30s. Another mild day is on the way for thursday with mid 40s. Another arctic cold front arrives on friday bringing more clouds, a few flurries and colder temperatures. We will go through another blast of cold air for the weekend with highs in the teens and overnight lows in the Single Digits above and below zero. No snow chances for the when we come back. Sonya will sit down with a local author to talk when we come back. Sonya will about her new book offering life welcome back. Suici you got people working incredibly long hours. Median Family Income today 4,000 less than it was in 1999. The bottom line of this economy is that it is rigged. What this campaign is about is to demand that we create an economy that works for all of us rather than a handful of billionaires. If you work 40 hours a week in america, you should not live in poverty. Of us. But its rarely talked about. Thats why our guest is joining us today. Lyndee underbacke is the author of the book. She still glows. Its described as poetic ramblings. From the mind of a daughter, a divorcee, a sister, a cousin, a granddaughter and a survivor. Thanks for joining us lyndee. Tell us why you wrote this book. The book is available for sale now on amazon and createspace for more information about the group alive and running iowa. Including details on their su marco rubio. He ran for senate saying he opposed amnesty. Then he flipped, and worked with liberal Chuck Schumer to coauthor the path to citizenship bill. He threatened to vote against it. And then voted for it. He supported his own dream act and then he abandoned it. Marco rubio. Just another washington politician you cant trust. Jeb bush. Hes a leader, so you always know where he stands. Right to rise usa hear what the candidate had to say to his detractors today. Iowa is already a wind energy leader. What is the next frontier for our Renewable Energy portfolio . Hear from Lieutenant Governor kim reynolds on how she plans to find that answer. And well tell you what iowa gym is jumping on the force fitness bandwagon and promising to turn you into a jedi. News at four front door 233258 for this final one im going to make it shorter. Some of you are antsy to get back to iowa. Ive been there. If you want last night president obama tipped his cap to the lawmakers running to replace him in the white house as he delivered his last state of the union address. Today those candidates took aim at the president and his message. But president obama wasnt Donald Trumps only target today. Steve handelsman has the story. The republican front runner was targeted after the state of the union by South Carolina governor nikki haley, chosen by Party Insiders to give the republican response. Sot gov. Nikki haley, 11 17during anxious times, it can be tempting to follow the siren call of the angriest voices she confirmed today she includes donald trump. Who she called a friend. Sot gov. Nikki haley, 22 27and so what i would say personally. This is just something that weve learned in South Carolina that im passing along but trump had retaliated on msnbc sot voice of donald trump 31 39 im leading in South Carolina by a lot in all of the polls and people agree with me. Im very strong on illegal immigration. Shes very weak on illegal immigration president obama, last night slammed trump and most republicans sot president obama 44 49anyone complaining that americas economy is in decline is peddling fiction yaya trump fired back with two statistics sot voice of donald trump 52 1 03 the Median Income is lower now than when barack obama took office. You look at the African Americans. I mean theyre doing worse than theyre ever done and we have an African American president drama in the democrats race Hillary Clinton has lost her big lead iowa polls. Sot Hillary Clinton 1 091 12 no im not nervous at all Bernie Sanders says that despite losing his big lead in New Hampshire polls sot sen. Bernie sanders 1 171 22and yes we have the energy we have the funding to take this to the convention more intensity on both sides in the race to succeed president obama tomorrow night the republicans in a key early primary state. South carolina. Donald trump in nikki haley country. Or maybe its vice versa. Im steve handelsman, nbc news, capitol hill Hillary Clinton isnt the only woman hoping to make history next fall. And next month in the iowa caucuses. Yesterday our dave price joined Carly Fiorina on the campaign trail before the president s speech. She offered up her own dreary state of the union. 5505755159 how would you assess our state of the union. People are angry. People are discouraged because maybe their vote doesnt count anymore. Thats not a good state of the union. Return to a citizen a new Des Moines Register poll released this morning shows fiorina has fallen back to the bottom of the pack here. The register poll shows the same two person race at the top. With ted cruz leading but donald trump within the margin of error in second place. Marco rubio and ben carson are 3rd and 4th. Rand paul is in 5th place. On the lower tier of candidates jeb bush is in 6th place. Followed by Chris Christie and Mike Huckabee in 7th. And fiorina and john kasich in 9th. A brief International Incident the ten marines were captured yesterday after reportedly crossing into iranian territorial waters. A faulty Navigation System is blamed for the marines going off course. The men were released early this morning, unharmed by the iranians. The state department called the incident a misunderstanding and thanked the iranian government for its quick action to release the men. A frozen car has finally been freed from a block of ice in buffalo, new york. Its owner parked along the shore of lake erie on sunday outside a restaurant. When they walked out they found the splash from waves and subzero temperatures combined to lock the car in place. Yesterday a tow truck was able to finally pull the car free. Leaving behind a unique block of ice. We had a nice thaw this afternoon as temperatures made we had a nice thaw this afternoon as temperatures made it to 40 degrees this afternoon temperatures will drop back to 30 degrees through the evening, so watch for some refreeze. It will be quiet overnight with another warm up to the upper 40s the landscape of the state of iowa sure has changed a lot in decade. From unbroken Rolling Hills to a horizon dotted with wind turbines. What will be the next evolution of energy in iowa . Yesterday branstad announced he wants to find that answer this year. Hes putting Lieutenant Governor in charge of that mission. Yesterday she explained to our dave price what that new role means. 612849 the governor said you are going to chair this new state energy plan. We launched in october. A lot of it has to do with our low cost of energy and our leadership on Renewable Energy. We want to stay competitive. You said maintain a few times. It will help with. We held five Public Forums across the state. Its a hope that we can do everthing on the table and continue to be a leader in Renewable Energy. The governor said in our speech that 30 of our energy is from wind. We could possibly be the first state that has 40 of its Energy Created by wind by 2020. Continue to grow the economy and make that a competitive. They want that renewable piece to part of their green portfolio. Great marketing piece for iowa to really be a leader in that area. In his speech yesterday governor branstad announced hell push tax credits for wind energy and ad lib main weather skies will be partly cloudy tonight with marco rubio. He ran for senate saying he opposed amnesty. Then he flipped, and worked with liberal Chuck Schumer to coauthor the path to citizenship bill. He threatened to vote against it. And then voted for it. Marco rubio. Just another washington politician you cant trust. Jeb bush. Hes a leader, so you always know where he stands. Right to rise usa temperatures staying steady in day is on the way for thursday with mid 40s. Another arctic cold front arrives on friday bringing more clouds, a few flurries and colder temperatures. We will go through another blast of cold air for the weekend with highs in the teens and overnight lows in the Single Digits above and below zero. No snow chances for the is this a workout of the geek . Well tell you where in iowa star wars fans the newes cordes most nurses are tough. Theyre problemsolvers. They like making things better. People dont have access to healthcare because they just cant afford it. Bernie sanders understands how pharmaceutical companies and Major Medical companies are ripping us off. Bernie tells the truth, and hes been consistent. He understands that the system is rigged, and hes the only one who can bring real change. Countless new marketing opportunities. Last week it became the highest grossing film of all time. But filmmakers arent the only ones cashing in. An eastern iowa karate club is now turning into a Jedi Training center. Brad hanson takes us inside. The fascination with light sabers and jedi culture goes way back for master ron schmitt. Nearly 40 years, in fact. When i first came out of that movie at six years old, you know, some kids want to grow up to be a policeman, some people want to be a fireman, and all i knew is i wanted to be a jedi. Schmitt was crushed when he found out jedis werent real. But he soon started a decades long journey with martial artsincluding running a weapons merge his two passions into a very real class. As a kid, i wouldve given anything to join a Jedi Training academy or Lightsaber Academy, but there wasnt really anything around. So i thought, you know, im going to look into starting my own. While theres no such thing as jedis in real life, schmitt says, well, hes the closest thing to it. As for me, i still need quite a bit of training. Schmitt says the Lightsaber Academy is more than just learning cool moves with combat ready light sabers. I wanted to be able to teach a class that has some substance to it too. We didnt want to just play star wars, we wanted the student to leave here feeling like theyre getting something out of it. It took more than a year of planning to get this academy off the groundtwo of the people in on the ground floor, abby harle and cassie jackson, had never seen the movies before they started this journey. Although thats no longer the case. Oh its a lot of fun, and its that ive done or anything thats really being offered at all. Nats ashlah those lightsabers you see arent just play things. They range in price from 100 to several hundred dollars each. Right now the academy holds just one hour long class each week. In a surprise move, a mistrial is declared in the murder trial of joe lopez what the childs mother said on the stand, that lead to the decision. Jeb bush is back in town. How he says attacks from donald trump are shaping his own campaign. And were just a few hours from a Record Powerball drawing. The odds that a winner will be picked tonight. And the first thing you should do if you hold the golden ticket. The trial of a clive man. Girlfriends daughter. Took a turn today. Good evening im erin kiernan. And im sonya heitshusen. Thanks for joining us. Joe lopez is accused of abusing 20monthold ruby alvarez. Fracturing her skull and breaking her ribs. Testimony began in the first degree murder trial monday. Today the judge declared a mistrial. Channel 13s mike dasilva has been covering the trial. He joins us first on thirteen. Mike. What happened . During her testimony this morning, nissa alvarez the mother of the child joe lopez is accused of killing made an the defendant that has nothing to do with what this case is abo. Alvarez accused lopez of for. Were you still in a romantic relationship with mr. Lopez . it was on and off, um, he would force sexual intercourse with me. nissa alvarez mother of deceased toddler well, lets just talk about did