Van Weelden Retrial Awaits Decision

Henry ‘Willie’ Van Weelden at his second trial.

By Aaron Riggs, CRI Weekly News

Oskaloosa, Iowa – A former Mahaska County supervisor is waiting for a judge’s ruling in his retrial for theft, fraud and tampering with records. Willie Van Weelden was found guilty on those charges last year, but a Court of Appeals granted him a new trial after new evidence was discovered. That evidence was a video recording of a supervisors meeting held in April of 2009. The video contradicts evidence from key witnesses.

At that time, the county had an unwritten rule that when a new part-time supervisor is elected to office, that “newly-elected” supervisor is allowed to add his/herself, and family members, to the county insurance plan. That happens without any vote from the board and the coverage takes effect once sworn in, according to testimony. A newly-elected official has 31 days after swearing-in to get on the plan. Otherwise, it could take a year and many meetings to join the plan.

Van Weelden wondered if he, as a re-elected official, could add his wife to county insurance by being considered a “newly-elected” official. The insurance plan at that time didn’t specify. He testifies that he discussed the issue with then Supervisor Lawrence Rouw after being re-elected in 2008 and Van Weelden says they both agreed re-elected is the same as newly-elected. Two witnesses testify they overheard Rouw agree.

Van Weelden says that’s why he sent this letter on county letterhead to the county’s insurance administrator stating the “the board of supervisors is in agreement” to add his wife to the county’s insurance plan. The letter was accepted and she started receiving coverage on Feb. 1, 2009.

But the state says the board was not in agreement because the issue was never brought to an official board vote. The defense says it didn’t need a vote, because just like newly-elected officials, re-elected ones could receive health coverage without a board vote. And that the “agreement” was lawful as two supervisors often make decisions outside of official meetings, like when supervisors Greg Gordy and Rouw asked to see all the medical claims paid out for Van Weelden’s wife, according to testimony. Nevertheless, the state argues that all decisions involving tax dollars should be brought to a board vote.

The case comes down to whether Rouw really did tell Van Weelden that re-elected and newly-elected are synonymous. During the first trial in 2012, Rowe testified that he never said re-elected is the same as newly-elected.

“In my opinion there was a difference,” Rouw said.

The jury found Van Weelden guilty. But video evidence discovered after the trial from an April 6, 2009 board of supervisors meeting contradicts Rouw’s testimony. CRI recorded the video, as it does with most government meetings.

“In my opinion, a re-elected official would be the same as a newly-elected because your job was gone if you didn’t get re-elected,” Rouw said.

Rouw was questioned by Van Weelden’s attorney, Matt Moore, about what he said in the video.

“Where you telling the truth on April 6, 2009 when you said to Willie that newly-elected meant re-elected? I must have, yes. I don’t remember saying that. You don’t remember saying it? Nope. But it’s evident I did. I don’t argue that I said it. I said I just don’t remember that whole conversation and that was my testimony in the first trial,” Rouw said.

Rouw also testified that if in-fact newly-elected and re-elected meant the same, Van Weelden didn’t need a vote to add his wife. Witness in the case testify that the board was often divided. That Gordy and Rouw often voted opposite of Van Weelden.

“A majority of the time it was Mr. Rouw, Mr. Gordy teaming up against Mr. Van Weelden,” said Emergency Management Director Jamey Robinson.

“I don’t understand the controversy but I saw it,” said County Engineer Jerry Nusbaum.

“Meetings with Mahaska County were not similar to other meetings with other clients. There was tension in the room,” said former Insurance Administrator Thomas O’ Brien.

The new trial lasted two days, now Senior Judge Dan Morrison will review the evidence and testimonies and give a written verdict in six to ten weeks. After that, the verdict may be appealed.

According to testimony, about $116,000 in medical claims have been paid by the county for Van Weelden’s wife. Since the trial in 2012, the supervisors have clarified that despite being part time employees all elected officials are eligible to receive health insurance, no longer making their eligibility an unwritten rule.