CLINTON — A former Meadowview Heights Recreation Association board treasurer is alleging a theft charge filed against her is barred by the statute of limitations.
Lori A. Johnson, 59, 2939 Skyline Drive, through attorney Harold DeLange, filed a motion to dismiss due to statute of limitations. Trial information charged Johnson in May with first-degree theft, a class C felony, and identity theft under $1,000, an aggravated misdemeanor. The trial information, filed by Steven Berger, a designee of Scott County Attorney Michael Walton, was appointed as a special prosecutor and was acting as a Clinton County attorney for this case, under the felony theft charges alleges the offense occurred between April 12, 2011, and March 31, 2014.
DeLange in the motion states the acts were alleged to have occurred prior to March 31, 2014, stating they occurred between April 2011 and the end of 2013. The motion states Iowa Code mandates an indictment or information for a felony or serious misdemeanor be found within three years after its commission, unless under certain sections of Iowa Code, which DeLange said does not apply to this case.
"None of the acts set forth in the trial information or criminal complaint herein took place on or after May 22, 2015, and are therefore barred by the statute of limitations provision previously set forth herein," DeLange states in the motion.
Johnson, by DeLange, filed a second motion, a motion to suppress Johnson's statement. The motion states during the investigation Johnson was questioned by Officer William Sattler. The motion alleges a statement given by Johnson was not knowingly, voluntarily or intelligently made.
"Further the aforesaid statement was product of an overt and coercive threat by Detective Sattler threatening to arrest the defendant's son and endanger his career as a Clinton County Fire Fighter."
A pretrial conference was set for 11 a.m. Sept. 27.
According to the affidavit, on June 22, 2016, two unauthorized withdrawals were discovered from the Meadowview Heights Recreation Association, Inc. PayPal bank account totaling $134.95. The Meadowview Heights Recreation Association, Inc., president confirmed the purchases were unauthorized and filed a police report.
The affidavit states on Nov. 16, 2015, a Code 3 Kennedy Space Center Fire and Rescue Oshkosh crash truck was purchased for $79.95. The unauthorized purchase was made by Johnson and shipped to Johnson at 612 N. Second St., which is the Clinton County Attorney's Office. A purchase of a rolling duffel bag was purchased on Nov. 27, 2015, for $55. The unauthorized purchase was made by Johnson and shipped to Meadowview Heights Recreation Association, 2939 Skyline Drive.
The affidavit continues Johnson served for several years on the Meadowview Heights Recreation Association board as treasurer. She resigned from the board on March 31, 2014.
The affidavit states on April 17 Johnson was interviewed at the Clinton Police Department. Johnson admitted she knowingly and without authorization used the Meadowview Heights Recreation Association's PayPal banking account to purchase the fire and rescue crash truck and the rolling duffel bag. Johnson also admitted she embezzled cash from Meadowview Heights Recreation Association because she was angry with other volunteers. Johnson admitted she embezzled a minimum of $1,000 and a maximum of $1,500 between 2010 to 2013. An investigative review was conducted of the bank records of Johnson and the Meadowview Heights Recreation Association. The review reasonably concluded Johnson embezzled in excess of $10,000 from the Meadowview Heights Recreation Association between 2011-2015.