The Clinton Herald, Clinton, Iowa

October 16, 2013

Testimony concludes in Walker Trial

Closing statements later this afternoon

By Katie Dahlstrom
Assistant Editor

DAVENPORT — After more than 12 days of trial, both sides have rested in the city of Clinton's legal malpractice suit against the attorney and his law firm who represented it in a 2009 Medicare fraud case.

On Wednesday morning, both sides finished questioning the final defense witness, Des Moines attorney and president of the Iowa State Bar Association Guy Cook. Cook testified Tuesday that Walker followed the standard of care and was not negligent in his representation of the city against a federal False Claims Act case brought by former Clinton firefighter Timothy Schultheis.

Schultheis alleged the city knowingly submitted false ambulance claims to Medicare and Medicaid in order to receive higher reimbursement rates. That case was settled for $4.5 million in 2010, which the city now believes was a result of Walker's failure to properly analyze the case.

Following the conclusion of Cook's testimony, the defense rested and the city did not call any rebuttal witnesses. The jury was dismissed until 1:30 p.m. Out of the jury's presence, both sides asked Judge Nancy Tabor to take the decision out of the jurors' hands and enter a directed verdict against the other party. She denied both motions.

The attorneys are now hashing out jury instructions and will likely proceed with closing statements this afternoon.