sentencing hearing scheduled for sac city woman who pleaded innocent to 16 various counts including...

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


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



COUNT 7


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


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


COUNT 13



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


COUNT 16



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]


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


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



STATE OF IOWA,

Plaintiff,

v.


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.



Type: ORDER FOR ARRAIGNMENT


So Ordered



STATE OF IOWA,

Plaintiff,

v.


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.



Type: ORDER FOR ARRAIGNMENT


So Ordered



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.


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



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.



Type: OTHER ORDER


So Ordered



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.

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CLERK TO FURNISH COPIES TO:SAC COUNTY ATTORNEY JOHN P LOUGHLIN

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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



STATE OF IOWA,

Plaintiff,

v.


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


Type: ORDER SETTING HEARING

Case Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSFECR012390 ST. VS. VALERIE L. KUHLERS

So Ordered


E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT


STATE OF IOWA, Plaintiff, vs. VALERIE LOUISE KUHLERS , Defendant.

Case No. 02811 FECR012474 O R D E R

Date of Hearing: April 21, 2014

Charge: Forgery and Possession With Intent to Deliver Less Than 5 Grams of

Methamphetamine, in violation of Iowa Code Section(s) 715A.2 and 124.401(c)(6).

1. The Defendant was present with counsel, John Loughlin. The State of Iowa

was represented by Ben Smith.

2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of

guilty to the above-described charge(s).

3. The conditions of Defendant's release, as previously established, shall remain

in effect pending sentencing.

4. The Court advised the Defendant of her right to file a motion in arrest of

judgment, pursuant to IRCrP 2.24(3), to preserve her right of appeal to the Iowa

Supreme Court based on any defect in the guilty plea proceeding.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1 of 3

E-FILED 2014 APR 21 11:31 AM SAC - CLERK OF DISTRICT COURT

1. A Sentencing Hearing is scheduled on 07/14/2014 at 10:30 AM at the Sac Co.

Courthouse, 100 NW State St., Sac City, Iowa. The Defendant shall personally appear

for this hearing.

2. The Department of Correctional Services shall prepare and file a presentence

investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa

Code Chapter 901. The clerk of court shall furnish to the Department of Correctional

Services a copy of the Trial Information and Minutes of Testimony.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

JOHN P LOUGHLIN

DEPARTMENT OF CORRECTIONAL SERVICES

2 of 3


State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: OTHER ORDER

So Ordered


3 of 3




Case No. 02811 FECR012474 O R D E R

Date of Hearing: April 21, 2014

Charge: Forgery and Possession With Intent to Deliver Less Than 5 Grams of

Methamphetamine, in violation of Iowa Code Section(s) 715A.2 and 124.401(c)(6).

1. The Defendant was present with counsel, John Loughlin. The State of Iowa

was represented by Ben Smith.

2. The Court, after compliance with IRCrP 2.8(2)(b), accepted Defendant's plea of

guilty to the above-described charge(s).

3. The conditions of Defendant's release, as previously established, shall remain

in effect pending sentencing.

4. The Court advised the Defendant of her right to file a motion in arrest of

judgment, pursuant to IRCrP 2.24(3), to preserve her right of appeal to the Iowa

Supreme Court based on any defect in the guilty plea proceeding.

IT IS, THEREFORE, THE ORDER OF THE COURT as follows:

1 of 3


1. A Sentencing Hearing is scheduled on 07/14/2014 at 10:30 AM at the Sac Co.

Courthouse, 100 NW State St., Sac City, Iowa. The Defendant shall personally appear

for this hearing.

2. The Department of Correctional Services shall prepare and file a presentence

investigation report at least 72 hours before the sentencing hearing, pursuant to Iowa

Code Chapter 901. The clerk of court shall furnish to the Department of Correctional

Services a copy of the Trial Information and Minutes of Testimony.

CLERK TO FURNISH COPIES TO:

SAC COUNTY ATTORNEY

JOHN P LOUGHLIN

DEPARTMENT OF CORRECTIONAL SERVICES

2 of 3


State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: OTHER ORDER

So Ordered


3 of 3


2RCR04IN THE IOWA DISTRICT COURT FOR SAC COUNTY


Case No. 02811 FECR012474 COURT REPORTER MEMORANDUM AND CERTIFICATE

COURT REPORTER MEMORANDUM(The court reporter shall file this memorandum with the district court clerk.)

Appearances:For the State: Ben SmithFor the Defendant: John LoughlinOther: Information required by Iowa Rule of Civil Procedure 1.903(3):I, Michelle Phillips, am providing the following information as required by Iowa Rule of CivilProcedure 1.903(3): 1. The type of proceeding that was reported: Pleas 2. The date(s) on which the proceeding occurred: April 21, 2014 3. The name of the court reporter who reported the proceeding: Michelle Phillips 4. The name of the judge who presided over the proceeding: Bice 5. The reporting fee for the proceeding: $40 6. We, the undersigned judge before whom the above-entitled case was tried, and theofficial court reporter who, by order of the Court, reported the same, do hereby certify that theabove and foregoing is the report of the whole proceedings upon the trial and/or hearing ofthe above-entitled cause made and taken pursuant to the order and direction of the Court, inaccordance with Iowa Code Section 624.10. /s/ Michelle Phillips ___________________________________ District Court Reporter

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State of Iowa CourtsCase Number Case TitleFECR012474 STATE VS VALERIE LOUISE KUHLERSType: COURT REPORTER MEMORANDUM AND CERTIFICATE

So Ordered


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sentencing hearing scheduled for sac city woman who pleaded innocent to 16 various counts including...

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