Mahaska County Auditor Calls Investigation “A Big Mess”

Defense Attorney Matt Moore talks with prosecution while Thomas O'Brien is on the stand

Oskaloosa, Iowa – In the third day, and well into the second day of testimony, of the trial of Willie VanWeelden, the prosecution continued to call its witnesses in the case.

Assistant Attorney General Becky Goettsch questioned former Auxiant VP of Marketing Tomas O’Brien about his involvement and contact with the Mahaska County Supervisors; up until the time he departed Auxiant.

O’Brien testified that VanWeelden had called him to find out how he could get his wife back on the health insurance plan. He told the court he informed VanWeelden that “we’re here to do as the county wishes us to do.”

Auxiant had sent a document to the county with 4 options on it for the supervisors to act upon. They had also sent an addendum that would allow Bonnie VanWeelden on as an exception.

In an attempt “to spell out re-elected officials a new enrollment opportunity without medical underwriting”, as option D on the document O’Brien told Goettsch.

O’Brien said it was in an attempt “to clarify somewhat of a grey area”.

In cross-examination by the Lead Defense Attorney Matt Moore, he explored the “grey area”, further seeking more clarification.

“You were asked a number of questions about the underwriting process that Bonnie VanWeelden went through in 2008, summer of 2008, you recall those generally?” Moore asked O’Brien.

“Yes”, O’Brien responded.

“If the Mahaska County Health Insurance Policy was interpreted to mean that newly elected was synonymous or equal to re-elected, then Bonnie VanWeelden would have been allowed to come on that policy? Was the question posed to O’Brien.

“Yes”, O’Brien once again responded.

Moore stated that any confusion over initial paperwork to get his wife on the health insurance plan during ’08 “they wouldn’t mean anything or have any relevance here if newly elected was interpreted to mean re-elected when she got coverage in 2009?”

“Yes”, O’Brien responded.

Once re-elected, Moore points towards documents showing that VanWeelden once again started the process to add his wife to the health insurance plan.

“At any point and time, ever on the planet Earth, did you perceive Willie VanWeelden trying to cut a corner to get Bonnie on the plan?” Moore asked O’Brien.

“No”, was O’Brien’s answer.

Moore, in further questioning, asked O’Brien about some internal memos that involved the addendum. Moore read the email aloud in court, “It would be good to handle it the easier way. Mahaska County is a bit prickly these days.” Moore then went on to ask O’Brien what he meant by that email.

“To get an addendum is sort of lighter version, sometimes addendum’s don’t even need a signature and so we already had, I think the January 16th letter on the letter head.” O’Brien explained that the addendum would be the official version that would have been included with the document or plan.

“You had a significant amount of interaction with the board of supervisors of Mahaska County?” Moore asked O’Brien.

“Yes”, O’Brien responded.

“Did your interaction with the three supervisors: Greg Gordy, Lawrence Rouw, and Willie VanWeelden… did it lead you to believe they didn’t get along too well as a group?” Moore asked of O’Brien.

“Things didn’t always go smoothly”, was O’Brien’s answer.

In redirect examination, Assistant State Attorney General Becky Goettsch asked O’Brien, “You were asked questions on cross if you ever felt that Mr. VanWeelden was doing anything covert or trying to cut corners. Did you assume that the board of supervisors had in fact approved this instruction in the letter?”

“We read the line ‘the board of supervisors is in agreement’, so that’s what it said to us”, O’Brien responded.

“Now if the other board of supervisors testified that they did not know about this letter, would that change your opinion about whether you thought he was doing something covert?”

“That would change the way I feel”, O’Brien stated.

Mahaska County Auditor Kay Swanson testified in the trial of Willie VanWeelden on Wednesday

Mahaska County Auditor Kay Swanson took to the stand next for the prosecution after the lunch break.

Assistant Attorney General Rob Sand asked Swanson, “Are you glad this whole thing is going on?”

Swanson responded with, “It’s a big mess.”

Defense Attorney Matt Moore followed up the “big mess” comment when he had an opportunity to question Swanson over the case. “Is it fair to say you used the term “confused” when I’ve talked to you about this big mess.”

“Well, yes”, was Swanson’s response.

“Are you confused about this big mess”, Moore asked.

“Somewhat”, Swanson stated.

“Is your confusion that you don’t really understand what the State of Iowa is saying Willie did wrong in this case”, Moore questioned.

“Correct”, was Swanson’s answer.

“So your confused why Willies being charged in this trial today, aren’t you”, Moore continued.

“Yes”, Swanson responded.

Further developing part of the defense in the case, Matt Moore questioned Swanson about the relationship that supervisors had with one another at that time. “Would you describe the relationships between supervisors Rouw, Gordy, and VanWeelden as tense and turbulent?”

“Probably”, Swanson said.

“For whatever reason, those three human beings did not get along?” Moore asked.

“Correct”, was Swanson’s response.

During questioning, the prosecution questioned her testimony, saying that it contradicted that which she gave the DCI (Department of Criminal Investigation).

Moore asked Swanson if the DCI Investigator, Tony Birmingham, tape recorded the conversation with her. Swanson responded to him with, “No”. In Birmingham’s notes, he recorded that Swanson had said she knew that Willie had done something wrong.

The day concluded with, approximately, a 40 minute audio recording that DCI Investigator Birmingham had recorded of VanWeelden.

Court is in recess until 9:00 am Thursday morning.

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