Yoder case goes to jury

Bob Yoder testified Wednesday that he did not realize it was illegal to transfer money from his campaign to a political action committee. Yoder has been charged with unlawfully transferring campaign funds relating to an incident in May when he transferred $1,400 to Free County.

The last witness in the trial was called Thursday morning and the prosecution and defense attorneys gave their closing arguments this afternoon. The jury then went into deliberations. Once the jury reaches a verdict, both Yoder?s verdict and Jack Seward Jr.?s verdict will be publicized.

The defense called Megan Tooker, executive director of the Iowa Ethics and Campaign Disclosure Board, to the stand. Tooker said that candidates commonly make mistakes, and that her office provides campaigns with a document containing a list of common violations to watch out for. Tooker said that transferring money to a corporation is not on their list of common violations. Tooker said she reviewed Yoder?s case and did not recommend prosecution to her board of directors.

On cross-examination, Washington County Attorney Larry Brock asked Tooker if she could either force prosecution or prevent a prosecution, and she said she could not. She said the county attorney?s office has criminal jurisdiction and that her ethics board has civil jurisdiction. Brock asked Tooker if there was any need to recommend prosecution in this case since he had already informed her that charges were imminent, and she agreed there was no reason to recommend prosecution.

Tooker said on re-direct that the fact that a campaign violation has occurred does not mean a crime has been committed.

During Yoder?s testimony, he said that he had never run for political office before he began his run for the Washington County Board of Supervisors? District 2 seat in late February. He said he had never been the treasurer for any group before, either. He said he was a member of Free County but that he was never on its board.

Yoder received a donation of $2,000 on May 16. He said he kept $600 for his own campaign and gave $1,400 of it to Free County to go toward radio ads on KCII to promote three supervisor candidates, including him.

He said he was unaware that a campaign committee could not give money to PACs. The check he wrote said it was from ?Bob Yoder.? Defense attorney Barbara Edmondson asked him why it did not specify it was from his campaign committee, and Yoder said that was merely an oversight on his part.

Yoder said he tried to comply with election laws. He said he always filed his disclosure reports on time, and that he disclosed the $1,400 transfer to Free County on his report, too.

He found out he was being charged with a crime July 27 when a radio station called him to ask him for a comment. He said he had not been given any court papers at that time and that nobody had asked him about the $1,400 transfer before then.

Yoder contacted Free County and Free County wrote him a check to return the $1,400 on July 31. He said he did that to show he was in compliance with election law.

On cross-examination, Brock asked why Yoder said during direct examination that his wife was the treasurer, when he is listed as the treasurer on his campaign?s statement of organization. Yoder said he meant that his wife helped him.

Yoder said he was still a member of Free County when he gave it $1,400 and that he knew Free County was a PAC. He said he never had a chance to hear the ads that were produced with his transfer and that he believed they were to promote him and a couple of other supervisor candidates.

On re-direct, Yoder said he asked Tim Annee of the state ethics board to look over his disclosure statement that included the $2,000 donation he received May 16. He said he wanted to make sure everything was ?above board.?

Brock asked Yoder if he ever asked Annee to look into the $1,400 transfer to Free County. Yoder said he didn?t because he didn?t think there was any reason it would be illegal.

Brock called Peg Roberts to testify on behalf of the prosecution. Roberts is the treasurer for Free County, and was at the time of the transfer. Roberts testified that Free County was registered with the state of Iowa as a political action committee (PAC).

Roberts said Free County received a $1,400 check from Yoder on May 24. The money was meant to be spent on radio ads. She said she didn?t produce the ads and that it had been a long time since she heard them and could not remember their content, but she did say the ads were about the county supervisor races. She said Free County never sent a bill to Yoder nor did it ask him to pay for the ads.

On cross-examination, Roberts said nobody had contacted her to ask her about the fund transfer until a couple of days before the trial.

Roberts testified on re-direct examination that Yoder was once a member of Free County and that he paid membership dues March 27, 2012. She said he is no longer a member of the group.

The defense called five character witnesses, two of whom testified earlier in the week during Jack Seward Jr.?s trial. Jack Dillon was one of those two, and he testified that he knew Yoder because they are deacons in the same church. Bill Nickell, another man who testified in Seward?s trial, said he has served on boards with Yoder and that Yoder is ?upstanding and truthful.?

Ed Hershberger testified that he knew Yoder because Yoder did repair work at Hershberger?s business. He said Yoder had commendable ethical conduct. Mark Larson is the pastor at First Baptist Church in Wellman, where he has served on committees with Yoder. He said Yoder was a trustworthy man.

After four character witnesses had been called, Brock objected to the defense calling any more character witnesses because they were unnecessary. Edmondson said she only had one or two witnesses left to call and that their testimony would not delay the proceedings. Judge Yates overruled Brock?s objection since he did not believe the number of character witnesses was overwhelming.

Ken Bender was the last character witness to testify and he talked about riding with Yoder to work in Cedar Rapids. He said he never questioned Yoder?s honesty.