Defense attorney compares client to bumbling fictional character

Cambridge defense attorney Michael Lewis, in Story County court Tuesday, compared his client to the bumbling character Lt. Colonel Henry Blake from the long-running television show M*A*S*H, while he also hinted at a long history of government corruption.

"Evidence will show if he did anything wrong, it was that he wasn't paying attention," Lewis said about former McCallsburg Mayor Christopher Erickson.

Erickson was just like Blake, Lewis said, who just signed whatever checks or documents were placed in front of him.

Erickson is charged with second-degree fraudulent practice, felonious misconduct in office, and tampering with records following a 2020 audit. Several of the charges focus on his payments, or alleged lack of payments, for his utility bills, as well as alleged overpayments made to the former city clerk, Jennifer Heithoff, for her payroll checks signed by Erickson.

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Heithoff, 53, pleaded guilty in April to second-degree fraudulent practice. She had also been charged with felonious misconduct in office, and tampering with records, the same as Erickson, but the last two charges were dropped in her plea deal.

Heithoff received a suspended prison sentence May 11 of no more than five years and is placed on probation for a maximum of three years. She is ordered to pay a fine of $1,025, a 15% crime services surcharge, and restitution of $42,839. Court costs and attorney fees will also be assessed to Heithoff.

The criminal charges are the result of an Iowa State Auditor's special investigation covering the years of 2014 to 2019.

McCallsburg is currently operating without a city clerk. Duties are covered through a sharing agreement with the city of Colo and their City Clerk Amy Kohlwes.

Colo's 2021 audit released in March 2022 indicated multiple material errors and findings.

Local attorney claims all small-town local officials are criminals

Erickson's trial began Tuesday with jury selection and opening statements from both Story County Assistant Attorney David Fountain and Lewis as well as testimony from several witnesses.

Lewis, throughout his opening statement and examination of witnesses on Tuesday, often suggested Erickson should not be found guilty because he was just one of many breaking the law.

Not only were other McCallsburg council members and past mayors guilty of the same crimes, Lewis said, but elected officials in small towns are doing the same thing all across the state.

"You can't make this up. Small towns work this way. But where are they? They aren't charged," Lewis said, gesturing to the mostly empty courtroom.

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The damning accusations continued, and the attorney refused to soften his attacks, calling into question years of local government operations.

"Evidence will demonstrate every single (McCallsburg) council member reviewed something called meeting minutes and consent agendas," Lewis said. "They reviewed every paycheck Jennifer got. Those same council members will be testifying against him," he said, pointing to Erickson.

Lewis hinted at the need for a state-wide audit of Iowa's rural governments, using it as fodder in defense of his client, the former McCallsburg mayor.

"When you bring in a state of Iowa auditor and start going through every small town's records, you'll see exactly the same thing," Lewis said.

Former McCallsburg City Clerk Melissa Mattingly, who took over at the small town of about 350 people several months in 2019 after Heithoff resigned, took the witness stand Tuesday for more than 90 minutes. Mattingly fielded questions and cross-examinations from Lewis and Fountain. Mattingly seemed confused and stressed as she occasionally gave different answers to the same repeated questions.

Mattingly is currently the deputy city clerk in Roland.

She provided testimony that Erickson was the only person with access to the city's software program that managed citizen utility payments for a period of time in 2019 after Heithoff resigned. During that time, the state claims Erickson allegedly changed the city's records to indicate he had paid his past-due utility bills despite no records of the actual payments.

Erickson trained Mattingly on how to operate the financial records system when she started as city clerk.

However, under cross-examination, Mattingly agreed that a three-ring binder sitting next to the city's computer system contained the software program's access passcodes and that council members had keys to the city clerk's office before she took the job.

Then, amid suspicions, Mattingly changed the locks.

"I didn't trust anyone," Mattingly said. "I only trusted two council members, Gail Springer and Jackie Meimann. I made sure Chris didn't have any access to the software system because I didn't want anything tampered with."

Many of the past members of the McCallsburg City Council will be called as witnesses during the trial including Hazen, Springer and Meimann.

Lewis claimed Erickson was a constant advocate for the city, offering his services beyond the typical line of duty by a mayor.

"All he did his entire life was devote himself to the city of McCallsburg," Lewis said. "He changed street light bulbs. He's lived there his whole life. His dad lives there. He's devoted to that city."

City records show Erickson had a history of delinquent utility bills

More than 1000 pages of documents will be included as evidence in the case, Lewis said Tuesday.

While reviewing some of those documents, Mattingly agreed with Fountain that Erickson was not known for making punctual city utility payments on his personal account. Erickson allegedly paid $100 cash to his account each month regardless of the amount owed. However, the monthly cash payments left a balance that added up over time.

According to documents presented in court, from 2015 to 2019 Erickson didn't pay a single personal utility bill on time.

In September 2021, Story County Sheriff's Office Investigation Sergeant Anthony Rhoad was contacted by Iowa State Auditor Ryan Jelsma concerning possible criminal violations involving Erickson, Heithoff and Hazen.

Criminal charges have not yet been filed against Hazen.

In a search warrant filed in November 2021 for Erickson's mobile phone, Rhoad stated that according to the 2020 audit, Erickson didn't pay his utility bills from September 2017 through July 2019 in violation of Iowa Code 388.6 which states all citizens and businesses must be charged the same rate for city utilities.

During that time, the search warrant states, adjustments were made to Erickson's account to indicate his bill was paid despite no receipts or deposit information supporting the credit to his account. The total amount of the delinquent account was $2,138.

Erickson did eventually pay off his account.

Rhoad states that Heithoff said Erickson did not pay his utility bills and that she made adjustments in the account to make it look like he had. Heithoff told Rhoad she believed the council members and mayor didn't have to pay their utility bills and that all but one council member did pay them, along with the former mayor.

At the same time, according to the warrant, Heithoff was overbilling the city on her timesheet and Erickson was signing her paychecks.

In an interview on Sept. 29, 2021, Rhoad states that Erickson said he paid Heithoff cash for his utility bills just before council meetings and that other council members witnessed the transactions. However, that claim was "debunked" when only Hazen, who was also not paying her utility bills, said she saw Erickson pay his bills with cash.

Attorney has history of serving local government

Erickson's attorney, Lewis, during his opening statement and cross-examinations often referred to his extensive background with local governments. Lewis lives in Maxwell but used to serve on the Huxley City Council.

Erickson's trial is expected to end Thursday or Friday, after which the jury will go into deliberations.

He could serve more than 10 years in prison if convicted while Heithoff faced with a maximum of five years. He also is charged with restitution of $42,839.

Teresa Kay Albertson covers politics, crime, courts and local government in Ames and central Iowa for the Ames Tribune and Des Moines Register. Reach her on Twitter @TeresaAlberts11 and at talbertson@registermedia.com, 515-419-6098.

This article originally appeared on Ames Tribune: Defense compares former McCallsburg mayor to M*A*S*H character