Trial begins for Douglass supervisor accused of theft.
Prosecutors: Douglass (Mont.) official stole chainsaw, plywood, propane tanks, used township gas credit card
NORRISTOWN >> Embattled Douglass (Mont.) Supervisor Frederick W. Ziegler appeared calm as his trial got underway in Montgomery County Court on charges he allegedly stole equipment and materials from the township and misused a township fuel card for his personal benefit.
Ziegler, 63, opted for a non-jury trial on Monday. Judge Gary S. Silow will act as sole fact-finder and render a verdict at the trial, which is expected to last about two days.
Ziegler, who retired in 2004 after 30 years with the township’s police department, the last 12 years as its chief, before becoming a township supervisor, faces charges of theft by unlawful taking, receiving stolen property, forgery, tampering with public records, unsworn falsification to authorities, intimidation and retaliation against witnesses and conflict of interest in connection with alleged incidents that occurred between August 2012 and December 2014.
With the charges, Pennsylvania Deputy Attorney General Michelle L. Laucella alleged Ziegler used a gas credit card for four purchases of gasoline totaling $340 without reimbursing the township; had highway department workers buy a new $350 chainsaw and propane tanks, which he took to his home and did not return or did not pay for; and had township workers buy $49 worth of plywood for him to use for campaign signs.
The total value of the materials Ziegler is alleged to have stolen reached about $900, according to court documents.
Laucella implied Ziegler did not use any of the items for the benefit of the township. Laucella has maintained Ziegler used the propane tank at his personal cabin in New York; that he used the chainsaw to remove trees at his personal residence; that he used the plywood for an election sign; and that he used the township’s gas card to fill up his personal pickup truck with gas.
But Ziegler’s lawyer, Vincent P. DiFabio, implied Ziegler simply borrowed the items and that prosecutors don’t have sufficient evidence that he had the intent to permanently deprive the township of the property.
Ziegler, who remains free on bail, previously pleaded not guilty to all the charges and during interviews with The Mercury has denied any wrongdoing. It was not revealed if he will testify.
Cynthia O’Donnell, the township’s appointed treasurer, testified Monday that in 2013 she became concerned about alleged irregularities pertaining to a gas card assigned to a township vehicle, specifically that the amount of gas purchased for that particular vehicle, a Chevrolet Impala, was extremely high.
Testimony revealed the gas card purchases were linked to Ziegler, who prosecutors alleged improperly used the card to cover gas expenses on his personal vehicle.
“They were all paid for by Douglass Township,” said O’Donnell, referring to the gas card invoices that spanned purchases between September and November 2013, adding that to her knowledge Ziegler has not reimbursed the township for the purchases.
O’Donnell testified she expressed her concerns to Township Manager Peter Hiryak, who is the liaison to the board of supervisors, but added she had no personal knowledge about what the gas was used for or whether it was used while conducting township business.
Hiryak testified when he questioned Ziegler about some of the gas purchases, Ziegler explained he was using his personal vehicle to conduct township business. Hiryak testified he later informed Ziegler township regulations provided protocol for requesting mileage reimbursement and that Ziegler should follow it.
“He said he didn’t have time to keep track of the mileage,” Hiryak recalled his conversation with Ziegler.
When DiFabio characterized Ziegler as “quirky” Hiryak replied, “I would not describe Fred as quirky.”
When he learned the gas card was used again by Ziegler in October 2013 Hiryak said he “was surprised and disappointed.”
Hiryak testified he then sought advice from the two other supervisors and former township solicitor Paul Bauer. Officials, in November 2013, went to the Montgomery County detectives with their concerns and later to investigators with the state Office of Attorney General.
State prosecutors inherited the case after county prosecutors referred the investigation to the attorney general’s office due to a conflict of interest because Ziegler had once worked as an investigator for the district attorney’s extradition unit.
Hiryak testified that on the same day township officials met with county detectives Ziegler handed him a blank check, claiming it could be used to reimburse the township for the alleged plywood purchase.
Michael Heydt, township road master, testified Ziegler gave him permission to purchase a new $350 chainsaw for the township in August 2012. Within days, Ziegler asked to use the chainsaw so he could complete some work at his home, according to testimony.
“I said, ‘Sure,’” Heydt recalled. “He’s my boss.”
Prosecutors alleged Ziegler never returned the chainsaw but later claimed the chainsaw he utilized became damaged. Prosecutors alleged Ziegler didn’t replace the chainsaw until December 2013, only after authorities launched an investigation of him.
Ziegler, according to additional charges filed in January 2015, also is accused of attempting to intimidate Hiryak, a witness against him in the theft case, during an encounter in 2014 at which Ziegler allegedly implied he was launching his own investigation of Hiryak.
While Hiryak told prosecutors he believed his job was possibly in jeopardy, he told DiFabio that Ziegler never threatened to fire him, never asked him to refrain from talking to investigators and never asked him to withhold information from investigators.
Ziegler also faces a charge he allegedly falsified a subpoena he provided to Boyertown Police Chief Barry Leatherman regarding a gun purchase by Ziegler.
Ziegler did not attend the regularly scheduled meeting of the township supervisors Monday evening.