The father of an ISU cornerback said Wednesday his son was burglarized in his Larch Hall room by three teammates in February 2002, but attempts to file charges have been “blocked” by Story County Attorney Stephen Holmes.

“I assumed, wrongfully, that something would be done,” said Harold Clewis, Sr., father of Harold Clewis, Jr., who will be a senior on the ISU football team this fall. “I was trying to let the law take care of itself.”

Former ISU players Marcel Howard and Aaron Howard, who are brothers, and Justin Eilers went into 7370 Larch Hall Feb. 12, 2002 and engaged in a physical altercation with him.

The Clewis family and their attorney, Chip Baltimore of Boone, are concerned that charges were never filed against the Howards because of their importance as witnesses in state trials against former ISU players Royce Hooks and Brent Nash. Hooks and Nash are accused of sexually assaulting Ashley Howard, the younger sister of Marcel and Aaron, at a crowded party Jan. 26, 2002.

Testimony in Hooks’ trial ended Wednesday. Nash’s trial is scheduled to begin Sept. 9.

Friday, Marcel and Aaron Howard both testified about the incident with Clewis as Hooks’ attorney, Paul Rounds, tried to establish the brothers had a history of aggression.

Aaron Howard testified Clewis had been teasing and making fun of Ashley Howard. Aaron, his brother and Eilers decided to confront Clewis.

“I think [Clewis] knew why we were there,” he said.

He added he and Clewis had been friends.

They were roommates only six weeks before when Iowa State played Alabama at the Independence Bowl Dec. 27, 2001 in Shreveport, La.

Nash was Clewis’ roommate, but he was not home when the encounter happened.

In an affidavit dated May 30, 2003, Clewis said he told his teammates he would not be intimidated because they had entered his room without permission.

Marcel and Aaron Howard both pushed Clewis during the incident, at one point breaking a computer stand.

Clewis said in his statement Eilers threatened him with physical harm if he did not stop looking at Ashley Howard, at which point the resident assistant “calmed things down” and had Clewis tell the visitors he would stop looking at Ashley Howard.

Capt. Gene Deisinger of the ISU Police said the men shook hands and all but Clewis left before officers arrived.

Harold Clewis Sr. said “when [Clewis Jr.] shook hands with them, he just wanted them out of his room.”

Harold Clewis Jr. could not be reached for comment for this story.

His father said he had advised him not to comment.

Officers took statements from all parties and took Clewis’ shirt into evidence, but did not file charges, Deisinger said.

“A collective perspective of all the officers involved was that this was a ‘gray’ case,” he said, explaining there was not sufficient evidence to immediately file charges.

Standard procedure for the ISU Police is to forward information, in this case police reports and witness statements, to the Story County Attorney for review, a procedure Deisinger said was followed in this case.

Baltimore said Tuesday he asked Holmes on behalf of the Clewis family about the case after more than a year had passed without charges.

“My request was that he reconsider his decision,” Baltimore said.

Holmes admitted in a meeting earlier this year his office would have a conflict of interest in prosecuting the case, Baltimore said. He said he then asked Holmes to refer the case to another body, such as Iowa Attorney General Tom Miller, but Holmes declined, saying the facts did not support a charge.

According to documents filed in Story County Court June 26, Baltimore filed a complaint, accompanied by an affidavit with Clewis’ version of the incident, asking the county to file second-degree burglary charges against the Howard brothers and Eilers.

The Iowa Code states second-degree burglary entails breaking and entering without permission and with at least one other person present, with the intent to commit a felony or assault.

Baltimore said the men’s threatening words and actions indicated their intent.

Second-degree burglary is a class “C” felony, which carries a maximum sentence of 10 years in prison and a $10,000 fine.

But Holmes moved to dismiss the case the day it was filed, saying it was presented without his knowledge, “defective as to form,” and did not contain probable cause for charges. Associate Court Judge Steven Van Marel upheld the motion and dismissed the charges.

Harold Clewis Sr. said his son told him he was not teasing Ashley Howard, but added the fact was immaterial to excusing the alleged crime. “I can understand the guys being upset, but that does not give them the right to commit a crime,” he said.

The first allegation mentioned in connection with the case, Clewis Sr. said, was a charge of harassment against Clewis Jr., but court records show he was never charged.

Clewis Sr. said he, his son and Baltimore met with Holmes in mid-March and discussed the case. Holmes said in that meeting he was unlikely to overrule the judgment of officers on the scene at the original incident.

Both Baltimore and Clewis Sr. said they think the facts of the case warrant charges.

“I thought … everything would be taken care of,” Clewis said. “Nobody seems to want to do anything about it.”

Paul Rounds, defense attorney in the Royce Hooks trial, tried to establish his case Friday for admitting testimony about the incident during his cross-examination of Aaron Howard. He said Howard and his brother had been granted immunity from the district attorney’s office because of their value as witnesses.

Iowa Assistant Attorney General Virginia Barchman, who is assisting in the prosecution of Hooks’ trial, said the claim was a “fabrication” by Rounds.

A letter from Holmes to Baltimore, dated April 1, 2003, left the door open for a future charge.

“I will, however, keep the case and after the present prosecution has ended I will reconsider your request [for burglary charges]” Holmes wrote.

Holmes did not specify what that “present prosecution” was. He was unavailable for comment late Wednesday.Clewis Sr. said he only wants justice for his son.

“I was not trying to deal with this other case,” he said. “It seemed like they blew it off and said, ‘It’s not important enough.'”