Defense Offers Withering Cross Examination Of DCI Investigator

Matt Moore cross examines DCI Investigator Tony Birmingham on Thursday

Oskaloosa, Iowa –  Closing out the previous day of court, the jury heard testimony from DCI Investigator Tony Birmingham and also the recorded interview he had with VanWeelden.

When court came back into session at 9 am, the defense had it’s opportunity to cross examine the witness.

The defense attempted to whittle away the witnesses credibility as an investigator. Birmingham had trouble remembering the dates of when he questioned Rouw and Gordy. The court took a break so the investigator could retrieve his notes from his car.

A transcription of the audio interview Birmingham had with VanWeelden was used in cross examination. Lead Defense Attorney Matt Moore asked Birmingham, “It took two pages to get his social security number right at the beginning of the interview.”

“Yup”, Birmingham replied.

“Now as an expert investigator, it took someone that long to get their social security number right, when they’ve probably repeated it fifteen thousand times in their life, would you say that might show that they’re nervous?” Moore asked.

“That could be a reason”, was Birmingham’s response.

“Did you think he was lying about his social security number?” Moore questioned.

“I don’t”, Birmingham said.

Further in cross examination, Moore asked Birmingham about Thomas O’Brien. O’Brien was the Auxiant VP of Marketing and also one of those in charge of administrating the Mahaska County health insurance plan. O’Brien had left Auxiant for a another company during the time frame under investigation.

Moore questioned Birmingham if he had attempted to contact O’Brien at Auxiant “and ask him what had gone on in relationship to Bonnie being added to the health insurance plan.”

“I did try to contact him. Thomas O’Brien left Auxiant and I wasn’t provided with a phone number for him,” DCI Investigator Birmingham said.

Lead Defense Attorney Matt Moore makes opening statements on Thursday to the jury as the defense took over

“How did you try to find Thomas O’Brien?” Moore asked.

“I contacted Auxiant at the number I had for Auxiant, and they informed me that he was no longer working there,” Birmingham explained.

“I’m not an expert investigator; I called Auxiant, they told me the same thing. Do you have any reason to disagree with that? Moore asked.

“I don’t”, Birmingham stated.

“After contacting Auxiant and learning that Thomas O’Brien had left employment there, did you take any follow-up steps to locate Mr. Thomas O’Brien?”, Moore questioned.

“Other than ask the people I was redirected to, if they had a number for him, which they wouldn’t provide me with, no”. Birmingham responded.

During further cross examination, Moore spoke to Birmingham about Kay Swanson’s testimony and how it contradicted what was in his report. “Do you know that Ms. Swanson testified in this case yesterday?”

“I do know that”, Birmingham stated.

“Do you know she referred to this case as a ‘big mess’?” Moore asked.

“I wasn’t in here when she testified”, was Birmingham’s response. “I did not know that she said that.”

Moore then asked, “Are you positive, as you sit here today, that Ms. Swanson wasn’t just saying ‘this thing is a big mess’, as opposed to saying Willie did something wrong?”

“I’m 100% positive what I put in my report is what she said”, was Birmingham’s response.

“Your 100% positive of Ms. Swanson’s statement? Moore once again asked of Birmingham.

“If your referring to the statement at the end of the interview, yes, I’m 100% positive that she made that statement”, was Birmingham’s response.

“Before you went to your car and got your records though, you couldn’t tell me what was the date from the documents you read last week, Correct?” Moore further pressed.

“Correct”, Birmingham responded.

Mahaska County Engineer Jerry Nusbaum was called by the defense Thursday

Mahaska County Engineer Jerome Nusbaum was the first witness the defense called to the stand.

Nusbaum spoke in regards to him overhearing a conversation at the end of a supervisor meeting shortly after VanWeelden’s newest re-election.

“I am asking you to tell the jury what you heard Lawrence Rouw say to Willie VanWeelden in regard to the newly elected and re-elected issue that was being discussed”, Moore asked of Nusbaum.

“I remember Lawrence saying as far as he was concerned, re-elected was the same as newly elected”, Nusbaum said he heard and said he has no question in his mind that is what he heard.

Further questioning Nusbaum, Moore asked, “Would you describe the dynamics that developed between the three supervisors Greg Gordy, Lawrence Rouw, and Henry VanWeelden towards the end of Mr. Rouw’s term?”

After a pause, Nusbaum stated, “It was an unsettling time, a difficult time. You had historically two-to-one votes.”

Mahaska County Emergency Manager Jamey Robinson was called by the defense on Thursday

Mahaska County Emergency Manager Jamey Robinson was also called to the stand and reiterated what Nusbaum had stated earlier in his testimony about the conversation between Rouw and VanWeelden.

“I don’t remember the exact date, but I do remember the conversation taking place”, Robinson said.

Moore questioned Robinson as to the content of the conversation. “It was about including Mr. VanWeelden’s wife on the county insurance policy”, Robinson stated.

And what were the words that Mr. Rouw and Mr. VanWeelden were using in that conversation?” Moore asked of Robinson.

“Mr. VanWeelden had said that because he was a re-elected officer, that he would like to include his wife on the county health insurance”, Robinson stated.

Moore questioned Robinson on Rouw’s response. “I’m not sure what he was looking at, he was looking at some paperwork and he said that he felt that there really was no difference; newly or re-elected.”

“Did that surprise you in any way Mr. Robinson?” Moore questioned.

“It did. Actually two things kind of surprised me, is he said, Mr. Rouw, said that being newly and re-elected should be the same thing otherwise without a job. And I thought for Mr. Rouw that was pretty witty, so that stuck out for me. The second thing would be, usually from what I’ve seen, and I’ve been working with the county board of supervisors since December of 2007, and what I’ve seen is a lot of times anything taken to the board it’s usually the buddy system, Mr. Gordy, Mr. Rouw and then Mr. VanWeelden”, Robinson responded.

“Which supervisors were voting how?” Moore asked of Robinson.

“Usually it would be Mr. Rouw, Mr. Gordy and then Mr. VanWeelden by himself over here”, Robinson said.

During testimony they also called Trudy Davidson, HR for Family Medical where Mrs. VanWeelden is employed.

The defense pointed out that Mrs. VanWeelden already had health insurance and her policy at her employer was not threatened.

“In January of 2009, if Bonnie VanWeelden had come to you and said hey, I need to still be covered on Family Medical Center health insurance for 2009, would she have been allowed to have that coverage”, Moore asked of Davidson.

“Yes, she was on it”, Davidson said.

Moore asked Davidson if there was “any threat whatsoever to Bonnie VanWeelden’s health insurance coverage at Family Medical Center in 2008 or 2009?”

Davidson responded, “No”.

Willie VanWeelden took the stand in his own defense on Thursday

Willie VanWeelden took the stand in his own defense, and the comment he stated to DCI Investigator as he left his recorded interview during the investigation.

“Do you recall making the statement, ‘Oh dear, revenge is sweet I guess’. Recall making that statement?” Moore asked of VanWeelden.

“Yes”, VanWeelden stated.

“You made that statement on December 7, of 2010 didn’t you?” Moore asked.

Once again, VanWeelden stated, “Yes”.

“What did you mean by revenge is sweet I guess?” was the question posed by Moore.

“I guess at the time, when all this transpired, and what I had just learned and went through with this investigation, I felt immediately that uh, it’s probably political; somebody was tryin’ to get at me.”

“Who is somebody?” Moore asked.

“I think it was Greg Gordy. That’s the first thing through my mind”, VanWeelden said.

“And then, who else?”, Moore asked.

“And Lawrence Rouw”, VanWeelden said.

Chief Judge of Iowa’s 8th District James Blomgren was called to the stand to testify if he had sworn in VanWeelden on December 31st of 2008. Blomgren noted that he had indeed sworn in Mr. VanWeelden.

The jury was sent home for the evening in preparation for closing arguments to be held starting at 9:30 am. After the closing arguments, the jury will be given final instructions and then will retire to deliberate the verdict.

A criminal charge is merely a criminal charge and not an indication of guilt. All suspects should be considered innocent until proven guilty.