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E-FILED 2013 DEC 10 4:30 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA
STATE OF IOWA
Plaintiff
vs
VALERIE LOUISE KUHLERS Defendant
Case No. 02811 FECR012474
Summons or Citation
YOU ARE HEREBY NOTIFIED that you have been charged with the crime of:THEFT 1ST DEGREEin violation of Section(s) 714.2(1) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on12/23/2013 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable ascontempt of court.
/s/ SHELLEY BASS
CLERK OF DISTRICT COURTSAC COUNTY IOWA
Designee
Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistratebefore whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of anoriginal notice (804.1).
E-FILED 2013 DEC 11 11:02 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
No. FECR012474
Plaintiff,
APPEARANCE v. VALERIE LOUISE KUHLERS,
Defendant.
COMES NOW, the undersigned attorney and enters his appearance on behalf of
the defendant.
/s/ John P. Loughlin
__________________________ John P. Loughlin #AT0004856
LOUGHLIN LAW FIRM 231 West Maple Street Cherokee, IA 51012 (712) 225-2514 (712) 225-2515 (fax) [email protected] ATTORNEY FOR DEFENDANT
E-FILED 2013 DEC 13 2:35 PM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
VALERIE LOUISE KUHLERS,
Defendant.
CASE No. FECR012474
TRIAL INFORMATION
COUNT 1
COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of THEFT IN THE FIRST DEGREE, a Class “C” Felony committed as follows: In Wall Lake, Iowa, from around September 16, 2010, through March 2013, defendant stole approximately $130,000 cash from Don Gansemer / Don’s Diesel Repair, which cash was stolen from the same person and from the same location by two or more acts, so that the thefts are attributable to a single scheme, plan, or conspiracy. IOWA CODE §§ 714.1(2), 714.2(1), 714.1(3)
COUNT 2
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of SPECIFIED UNLAWFUL ACTIVITY, a Class “B” Felony, committed as follows: On an ongoing basis between January 2009 and March 2013, in Wall Lake, Iowa, defendant, for financial gain, committed at least 187 indictable theft offenses (31 acts of 2nd degree theft, 52 acts of 3rd degree theft, and 90 acts of 4th degree theft) and at least 125 indictable forgery offenses. IOWA CODE §§ 706A.2(4), 706A.1(5), 803.1, 715A.2 Iowa Const. art. I, § 11
COUNT 3
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony,
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
committed as follows: On or around December 18, 2012, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 4
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around September 21, 2012, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 5
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around October 6, 2012, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 6
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around October 9, 2012, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
COUNT 7
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around October 18, 2012, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 8
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around November 15, 2012, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 9
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around November 15, 2012, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 10
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around January 7, 2013, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 11
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around February 8, 2013, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 12
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around February 11, 2013, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 13
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around February 15, 2013, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
COUNT 14
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around March 1, 2013, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 15
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around March 7, 2013, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
COUNT 16
COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (“defendant”) of the crime of FORGERY, a Class “D” Felony, committed as follows: On or around March 8, 2013, defendant, with the intent to defraud or injure Don Gansemer / Don’s Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Don’s Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE § 715A.2
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
A TRUE INFORMATION
____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: [email protected]
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
WITNESS LIST
TED HELMICH, Police Chief, Lake View Police Department
ROYCE KEMMANN, Peace Officer, Lake View Police Department
DON GANSEMER, Mechanic / Owner Don’s Diesel Repair
KEVIN SPORRER, Westside State Savings Bank
LILA CRAWFORD, Westside State Savings Bank
TRAVIS KNOBBE, Westside State Savings Bank
MATT LUJANO, Westside State Savings Bank
LORI POLAND, Westside State Savings Bank
DAN DOTZLER, United Bank Of Iowa
JEREMY KUCHEL
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: Approval of Trial Information
Case Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERS
On this date, I have reviewed the attached Trial Information and the accompanying Minutesof Testimony and find that they contain evidence which, if unexplained, is sufficient towarrant a conviction by a trial jury. Being satisfied from the showing made that the caseshould be prosecuted, I approve the Trial Information.
Release conditions are set by separate Order of the Court.
So Ordered
Electronically signed on 2014-01-21 11:08:32 page 8 of 8
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
VALERIE LOUISE KUHLERS,
Defendant.
CASE No. FECR012474
ORDER ISSUING ARREST
WARRANT, SETTING
ARRAIGNMENT AND BOND
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter
have been examined and found to contain sufficient evidence, if unexplained, to
warrant a conviction in a trial by jury, therefore, this matter shall be set for
Arraignment.
IT IS ORDERED that the Clerk of Court shall issue a warrant for defendant’s
arrest.
IT IS FURTHER ORDERED that the Clerk of Court shall set defendant’s
arraignment for 9:00 a.m. February 10, 2014, at the Sac County Courthouse.
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERS
So Ordered
Electronically signed on 2014-01-21 11:08:33 page 2 of 2
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
VALERIE LOUISE KUHLERS,
Defendant.
CASE No. FECR012474
ORDER ISSUING ARREST
WARRANT, SETTING
ARRAIGNMENT AND BOND
The TRIAL INFORMATION and the MINUTES OF EVIDENCE in this matter
have been examined and found to contain sufficient evidence, if unexplained, to
warrant a conviction in a trial by jury, therefore, this matter shall be set for
Arraignment.
IT IS ORDERED that the Clerk of Court shall issue a warrant for defendant’s
arrest.
IT IS FURTHER ORDERED that the Clerk of Court shall set defendant’s
arraignment for 9:00 a.m. February 10, 2014, at the Sac County Courthouse.
E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: ORDER FOR ARRAIGNMENT
Case Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERS
So Ordered
Electronically signed on 2014-01-21 11:08:33 page 2 of 2
E-FILED 2014 JAN 22 8:06 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
No. FECR012474
Plaintiff,
MOTION FOR BOND v. REDUCTION VALERIE LOUISE KUHLERS,
Defendant.
COMES NOW the defendant and for her Motion states to the Court as follows:
1. The defendant is currently incarcerated on a bond totalling $105,000.
2. The defendant is a 56 year old lady with no significant criminal history. She has ties
to the community including a spouse, children and grandchildren, such that she is not a
flight risk.
3. The defendant has no resources to post bond. She is unemployed and has some
medical problems that is currently preventing her from working other than occasional
babysitting.
4. The defendant was arraigned in case number FECR012390 on August 27, 2013.
This case is somewhat related to the case at bar. The defendant has been released on
her own recognizance since that time.
5. Additionally the defendant was charged with theft in the first degree in the case at
bar and on or about December 18, 2013 appeared on that charge and again was
released on her own recognizance. Nothing has changed in the meantime to warrant
the substantial increase in bond as ordered by the Court. With her life long ties to the
community and her prior record, the defendant is not a flight risk or at risk to be a repeat
offender. There is no risk to the community.
E-FILED 2014 JAN 23 10:06 AM SAC - CLERK OF DISTRICT COURT
6. Since August of 2013, the defendant has voluntarily been attending substance abuse
counseling and these records can be provided to the Court at any hearing. The
Defendant's participation has been "excellent" and her insight has been "excellent".
7. For the above reasons it is appropriate that the defendant be released on her own
recognizance. Defendant requests that the Court enter the proposed Order immediately
or in the alternative this matter be set and heard on the next available court date.
8. The undersigned has consulted with the Sac County attorney, Ben Smith and he
agrees to the above request and to an Order being entered to release defendant
immediately on her own recognizance.
WHEREFORE defendant prays as set forth above.
John P. Loughlin #AT0004856 LOUGHLIN LAW FIRM 231 West Maple Street Cherokee, IA 51012 (712) 225-2514 (712) 225-2515 (fax) ATTORNEY FOR DEFENDANT
E-FILED 2014 JAN 23 10:06 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
No. FECR012474
Plaintiff,
ORDER v. VALERIE LOUISE KUHLERS,
Defendant.
AND NOW on this regular day of the foregoing District Court the matter of the
defendant Motion for Bond Reduction is before the Court. The Court finds that it has
jurisdiction over the parties and the subject matter. In review of the Motion and
statements made by the parties, the Court finds that the defendant is not a risk to the
community nor a flight risk. The Court further finds that the parties agree to a reduction
in bond.
IT IS THEREFORE ORDERED that the defendant shall be released immediately
from jail on her own recognizance.
IT IS FURTHER ORDER that the Clerk immediately provide the jail with a copy
of this Order by facsimile for release of the defendant.
E-FILED 2014 JAN 23 11:15 AM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: OTHER ORDER
Case Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERS
So Ordered
Electronically signed on 2014-01-23 11:15:43 page 2 of 2
E-FILED 2014 JAN 23 11:15 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT
E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT
2RCR02
IN THE IOWA DISTRICT COURT FOR SAC COUNTY
STATE OF IOWA, PLAINTIFF, vs. VALERIE LOUISE KUHLERS , DEFENDANT.
Case No. 02811 FECR012474 ORDER FOR TRIAL
1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges onFebruary 19, 2014. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by John Loughlin. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this caseshall commence on April 8, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 03/24/2014at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's witnesses,depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositionsof State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State maydepose Defendant's witnesses. If Defendant's counsel is appointed, the depositionsshall be at public expense. Upon Defendant's request, the State is ordered to discloseevidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionarydiscovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If theDefendant opts to request discretionary discovery and the State requests reciprocaldiscovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3). Either party may object to the order for discretionary discovery and have the matter setfor hearing. The State shall disclose any exculpatory evidence, including any evidencerelating to the credibility of minuted witnesses.
1 of 3
E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT
CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY JOHN P LOUGHLIN
2 of 3
E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT
State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: ORDER SETTING TRIAL
So Ordered
Electronically signed on 2014-02-24 11:48:32
3 of 3
E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY
STATE OF IOWA,
Plaintiff,
v.
VALERIE LOUISE KUHLERS,
Defendant.
Nos. FECR012474, FECR012390
ORDER SETTING PLEA HEARING
This case came before the Court on the parties request for an order setting
the matter for a plea hearing. The Court, after reviewing the record and being
advised in the premises FINDS and ORDERS a plea hearing in this matter shall
be and is scheduled for April 21, 2014, at 10:00 a.m., in the courtroom at the Sac
County Courthouse, Sac City, Iowa 50583.
IT IS FURTHER ORDERED if the defendant fails to personally appear before
this Court at the above-scheduled date and time, a bench warrant may issue for
defendant’s arrest.
E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT
State of Iowa Courts
Type: ORDER SETTING HEARING
Case Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSFECR012390 ST. VS. VALERIE L. KUHLERS
So Ordered
Electronically signed on 2014-03-13 14:39:05 page 2 of 2
E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT