Todd Gardner trial postponed to July
U.S. attorney: Ex-Stevensville manager's lawyer requested continuance
By WILLIAM F. AST III - H-P Staff Writer
Published: Wednesday, April 14, 2010 1:09 PM EDT
GRAND RAPIDS - Former Stevensville Village Manager Todd Gardner's federal trial on embezzlement charges has been moved to July.
U.S. Assistant Attorney Matthew Borgula said Gardner's lawyer asked for a continuance because the defense needed more time "to look at all the documents." Borgula said U.S. District Court Judge Janet Neff for theWestern District of Michigan granted the motion last week.
The trial, originally set to begin April 27, is scheduled to start at 9 a.m. July 13, Borgula said. There will be a pretrial conference on July 6, he said.
Gardner in February pleaded not guilty to charges that he took $293,140 from the village. His lawyer is Sean Tilton, an assistant federal public defender in Grand Rapids.
Borgula said it's not uncommon for judges to grant such requests for delays.
Gardner is free on $25,000 bond. If convicted, he faces up to 20 years in prison, three years' probation afterwards and a $50,000 fine and other costs.
If found guilty, Gardner also would have to pay restitution of the $293,140 he allegedly took. If he can't pay, the government could make him forfeit property, the charges against him said.
The Stevensville Village Council hired Gardner in April 2006. In May 2009, the council did not renew his contract.
Gardner is charged with making unauthorized wire transfers of money and taking money in other ways while he was manager. The indictment identifies him as the village's treasurer as well as its manager, though Gardner has denied being treasurer.
Stevensville's books hadn't been audited since fiscal 2006. State law allows villages to have audits every two years instead of annually.
Once it became apparent last year that the village's financial books were in disarray and money might be missing, the village hired a certified public accountant to rebuild financial records. The Michigan Department of Treasury then audited the books, which confirmed the theft.
wast@TheH-P.com