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E-FILED 2013 DEC 10 4:30 PM SAC - CLERK OF DISTRICT COURT

E-FILED 2013 DEC 11 11:02 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY IOWA

STATE OF IOWA Plaintiff vs Summons or Citation VALERIE LOUISE KUHLERS Defendant Case No. 02811 FECR012474

YOU ARE HEREBY NOTIFIED that you have been charged with the crime of: THEFT 1ST DEGREE in violation of Section(s) 714.2(1) of the Iowa Criminal Code. You are, therefore, ORDERED TO APPEAR to answer this charge. Hearing is scheduled on 12/23/2013 at 08:30 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. . YOU ARE FURTHER NOTIFIED that failure to appear may constitute a crime or be punishable as contempt of court.

/s/ SHELLEY BASS CLERK OF DISTRICT COURT SAC COUNTY IOWA Designee

Note: If issued pursuant to Section 804.1 of the Code, this notice may be signed by the Magistrate before whom the complaint was filed; otherwise it must be signed by the Clerk of Court. Service: Although personal service is preferable, this notice can be served in the manner of an original notice (804.1).

E-FILED 2013 DEC 13 2:35 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

No. FECR012474

APPEARANCE v. VALERIE LOUISE KUHLERS, Defendant.

COMES NOW, the undersigned attorney and enters his appearance on behalf of the defendant.

/s/ John P. Loughlin __________________________ John P. Loughlin #AT0004856 LOUGHLIN LAW FIRM 231 West Maple Street Cherokee, IA 51012 (712) 225-2514 (712) 225-2515 (fax) jploughlinlaw@gmail.com ATTORNEY FOR DEFENDANT

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. VALERIE LOUISE KUHLERS, Defendant. TRIAL INFORMATION CASE No. FECR012474

COUNT 1 COMES NOW Benjamin John Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of THEFT IN THE FIRST DEGREE, a Class C Felony committed as follows: In Wall Lake, Iowa, from around September 16, 2010, through March 2013, defendant stole approximately $130,000 cash from Don Gansemer / Dons Diesel Repair, which cash was stolen from the same person and from the same location by two or more acts, so that the thefts are attributable to a single scheme, plan, or conspiracy. IOWA CODE 714.1(2), 714.2(1), 714.1(3)

COUNT 2 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of SPECIFIED UNLAWFUL ACTIVITY, a Class B Felony, committed as follows: On an ongoing basis between January 2009 and March 2013, in Wall Lake, Iowa, defendant, for financial gain, committed at least 187 indictable theft offenses (31 acts of 2nd degree theft, 52 acts of 3rd degree theft, and 90 acts of 4th degree theft) and at least 125 indictable forgery offenses. IOWA CODE 706A.2(4), 706A.1(5), 803.1, 715A.2 Iowa Const. art. I, 11

COUNT 3 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony,

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

committed as follows: On or around December 18, 2012, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 4 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around September 21, 2012, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 5 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around October 6, 2012, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 6 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around October 9, 2012, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

COUNT 7 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around October 18, 2012, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 8 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around November 15, 2012, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 9 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around November 15, 2012, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 10 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around January 7, 2013, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 11 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around February 8, 2013, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 12 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around February 11, 2013, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 13 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around February 15, 2013, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

COUNT 14 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around March 1, 2013, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 15 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around March 7, 2013, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

COUNT 16 COMES NOW Ben Smith, as Prosecuting Attorney of Sac County, Iowa, and in the name and by the authority of the State of Iowa, accuses VALERIE LOUISE KUHLERS (defendant) of the crime of FORGERY, a Class D Felony, committed as follows: On or around March 8, 2013, defendant, with the intent to defraud or injure Don Gansemer / Dons Diesel Repair, made a writing purporting to be a check, draft, or other writing which ostensible evidences an obligation of Don Gansemer / Dons Diesel Repair who has purportedly executed it or authorized its execution. IOWA CODE 715A.2

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

A TRUE INFORMATION

____________________________ Benjamin John Smith - AT0008834 Sac County Attorney Sac County Courthouse 100 NW State St., Suite 9 Sac City IA 50583 Telephone: 712-662-4791 Facsimile: 712-662-4123 Email: attorney@saccounty.org

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

WITNESS LIST

TED HELMICH, Police Chief, Lake View Police Department

ROYCE KEMMANN, Peace Officer, Lake View Police Department

DON GANSEMER, Mechanic / Owner Dons Diesel Repair

KEVIN SPORRER, Westside State Savings Bank

LILA CRAWFORD, Westside State Savings Bank

TRAVIS KNOBBE, Westside State Savings Bank

MATT LUJANO, Westside State Savings Bank

LORI POLAND, Westside State Savings Bank

DAN DOTZLER, United Bank Of Iowa

JEREMY KUCHEL

E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012474 Approval of Trial Information Case Title STATE VS VALERIE LOUISE KUHLERS

On this date, I have reviewed the attached Trial Information and the accompanying Minutes of Testimony and find that they contain evidence which, if unexplained, is sufficient to warrant a conviction by a trial jury. Being satisfied from the showing made that the case should be prosecuted, I approve the Trial Information. Release conditions are set by separate Order of the Court. So Ordered

Electronically signed on 2014-01-21 11:08:32

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E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. VALERIE LOUISE KUHLERS, Defendant. T)e TRIAL INFOR'ATION and t)e 'INUTES OF EVIDENCE in t)i* +atte, )ave -een e.a+ined and f /nd t 0 ntain */ffi0ient eviden0e, if /ne.1lained, t 2a,,ant a 0 nvi0ti n in a t,ial -3 4/,3, t)e,ef ,e, t)i* +atte, *)all -e *et f , A,,ai5n+ent. IT IS ORDERED t)at t)e Cle,6 f C /,t *)all i**/e a 2a,,ant f , defendant7* a,,e*t. IT IS FURTHER ORDERED t)at t)e Cle,6 f C /,t *)all *et defendant7* a,,ai5n+ent f , 89!! a.+. Fe-,/a,3 "!, #!"$, at t)e Sa0 C /nt3 C /,t) /*e. ORDER ISSUIN& ARREST WARRANT, SETTIN& ARRAI&N'ENT AND (OND CASE N . FECR!"#$%$

State of Iowa Courts Type: Case Number FECR012474 ORDER FOR ARRAIGNMENT Case Title STATE VS VALERIE LOUISE KUHLERS So Ordered

Electronically signed on 2014-01-21 11:08:33

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E-FILED 2014 JAN 21 11:08 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. VALERIE LOUISE KUHLERS, Defendant. T)e TRIAL INFOR'ATION and t)e 'INUTES OF EVIDENCE in t)i* +atte, )ave -een e.a+ined and f /nd t 0 ntain */ffi0ient eviden0e, if /ne.1lained, t 2a,,ant a 0 nvi0ti n in a t,ial -3 4/,3, t)e,ef ,e, t)i* +atte, *)all -e *et f , A,,ai5n+ent. IT IS ORDERED t)at t)e Cle,6 f C /,t *)all i**/e a 2a,,ant f , defendant7* a,,e*t. IT IS FURTHER ORDERED t)at t)e Cle,6 f C /,t *)all *et defendant7* a,,ai5n+ent f , 89!! a.+. Fe-,/a,3 "!, #!"$, at t)e Sa0 C /nt3 C /,t) /*e. ORDER ISSUIN& ARREST WARRANT, SETTIN& ARRAI&N'ENT AND (OND CASE N . FECR!"#$%$

State of Iowa Courts Type: Case Number FECR012474 ORDER FOR ARRAIGNMENT Case Title STATE VS VALERIE LOUISE KUHLERS So Ordered

Electronically signed on 2014-01-21 11:08:33

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E-FILED 2014 JAN 22 8:06 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 JAN 23 10:06 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff, v. VALERIE LOUISE KUHLERS, Defendant.

No. FECR012474

MOTION FOR BOND REDUCTION

COMES NOW the defendant and for her Motion states to the Court as follows: 1. The defendant is currently incarcerated on a bond totalling $105,000. 2. The defendant is a 56 year old lady with no significant criminal history. She has ties to the community including a spouse, children and grandchildren, such that she is not a flight risk. 3. The defendant has no resources to post bond. She is unemployed and has some medical problems that is currently preventing her from working other than occasional babysitting. 4. The defendant was arraigned in case number FECR012390 on August 27, 2013. This case is somewhat related to the case at bar. The defendant has been released on her own recognizance since that time. 5. Additionally the defendant was charged with theft in the first degree in the case at bar and on or about December 18, 2013 appeared on that charge and again was released on her own recognizance. Nothing has changed in the meantime to warrant the substantial increase in bond as ordered by the Court. With her life long ties to the community and her prior record, the defendant is not a flight risk or at risk to be a repeat offender. There is no risk to the community.

E-FILED 2014 JAN 23 10:06 AM SAC - CLERK OF DISTRICT COURT

6. Since August of 2013, the defendant has voluntarily been attending substance abuse counseling and these records can be provided to the Court at any hearing. The Defendant's participation has been "excellent" and her insight has been "excellent". 7. For the above reasons it is appropriate that the defendant be released on her own recognizance. Defendant requests that the Court enter the proposed Order immediately or in the alternative this matter be set and heard on the next available court date. 8. The undersigned has consulted with the Sac County attorney, Ben Smith and he agrees to the above request and to an Order being entered to release defendant immediately on her own recognizance. WHEREFORE defendant prays as set forth above.

John P. Loughlin #AT0004856 LOUGHLIN LAW FIRM 231 West Maple Street Cherokee, IA 51012 (712) 225-2514 (712) 225-2515 (fax) ATTORNEY FOR DEFENDANT

E-FILED 2014 JAN 23 11:15 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

STATE OF IOWA, Plaintiff,

No. FECR012474

ORDER . !A"ERIE "OUISE #UH"ERS, D$f$n%ant.

AND NOW on t&i' ($)*la( %a+ of t&$ fo($)oin) Di't(i,t Co*(t t&$ -att$( of t&$ %$f$n%ant .otion fo( /on% R$%*,tion i' 0$fo($ t&$ Co*(t. T&$ Co*(t fin%' t&at it &a' 1*(i'%i,tion o $( t&$ 2a(ti$' an% t&$ '*01$,t -att$(. In ($ i$3 of t&$ .otion an% 'tat$-$nt' -a%$ 0+ t&$ 2a(ti$', t&$ Co*(t fin%' t&at t&$ %$f$n%ant i' not a (i'4 to t&$ ,o--*nit+ no( a fli)&t (i'4. T&$ Co*(t f*(t&$( fin%' t&at t&$ 2a(ti$' a)($$ to a ($%*,tion in 0on%. IT IS THEREFORE ORDERED t&at t&$ %$f$n%ant '&all 0$ ($l$a'$% i--$%iat$l+ f(o- 1ail on &$( o3n ($,o)ni5an,$. IT IS FURTHER ORDER t&at t&$ Cl$(4 i--$%iat$l+ 2(o i%$ t&$ 1ail 3it& a ,o2+ of t&i' O(%$( 0+ fa,'i-il$ fo( ($l$a'$ of t&$ %$f$n%ant.

E-FILED 2014 JAN 23 11:15 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012474 OTHER ORDER Case Title STATE VS VALERIE LOUISE KUHLERS So Ordered

Electronically signed on 2014-01-23 11:15:43

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E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 19 11:45 AM SAC - CLERK OF DISTRICT COURT

E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT

2RCR02

IN THE IOWA DISTRICT COURT FOR SAC COUNTY STATE OF IOWA, PLAINTIFF, vs. VALERIE LOUISE KUHLERS , DEFENDANT. 1. Defendant filed a Written Arraignment and Plea of Not Guilty to all charges on February 19, 2014. 2. The Defendant's name as charged in the Trial Information is true and correct. 3. Defendant waives the right to speedy trial. 4. Defendant is represented by John Loughlin. IT IS, THEREFORE, THE ORDER OF THE COURT that the jury trial of this case shall commence on April 8, 2014 at 9 a.m. IT IS FURTHER ORDERED that a Pretrial Conference is scheduled on 03/24/2014 at 09:00 AM at the Sac Co. Courthouse, 100 NW State St., Sac City, Iowa. If the Defendant chooses to take depositions of minuted State's witnesses, depositions are ordered pursuant to I.R.Cr.P.2.13(1). If the Defendant takes depositions of State witnesses, the Defendant shall comply with I.R.Cr.P.2.13(3) and the State may depose Defendant's witnesses. If Defendant's counsel is appointed, the depositions shall be at public expense. Upon Defendant's request, the State is ordered to disclose evidence pursuant to I.R.Cr.P. 2.14(2). If the Defendant requests discretionary discovery, the State is ordered to comply with the provisions of I.R.Cr.P. 2.14(b). If the Defendant opts to request discretionary discovery and the State requests reciprocal discovery, the Defendant shall comply with the disclosure required by I.R.Cr.P.2.14(3). Either party may object to the order for discretionary discovery and have the matter set for hearing. The State shall disclose any exculpatory evidence, including any evidence relating to the credibility of minuted witnesses.
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Case No. 02811 FECR012474

ORDER FOR TRIAL

E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT

CLERK TO FURNISH COPIES TO: SAC COUNTY ATTORNEY JOHN P LOUGHLIN

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E-FILED 2014 FEB 24 11:48 AM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Case Number FECR012474 Type: Case Title STATE VS VALERIE LOUISE KUHLERS ORDER SETTING TRIAL So Ordered

Electronically signed on 2014-02-24 11:48:32

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E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY STATE OF IOWA, Plaintiff, v. VALERIE LOUISE KUHLERS, Defendant. T*i! +a!e +a,e -ef .e t*e C /.t n t*e 0a.tie! .e1/e!t f . an .de. !ettin2 t*e ,atte. f . a 0lea *ea.in2. T*e C /.t, afte. .evie3in2 t*e .e+ .d and -ein2 advi!ed in t*e 0.e,i!e! FINDS and ORDERS a 0lea *ea.in2 in t*i! ,atte. !*all -e and i! !+*ed/led f . A0.il $#, $"#%, at #"4"" a.,., in t*e + /.t. C /nt5 C /.t* /!e, Sa+ Cit5, I 3a 6"67'. , at t*e Sa+ ORDER SETTIN) PLEA HEARIN) N !. FECR"#$%&%, FECR"#$'("

IT IS FURTHER ORDERED if t*e defendant fail! t 0e.! nall5 a00ea. -ef .e t*i! C /.t at t*e a- ve8!+*ed/led date and ti,e, a -en+* 3a..ant ,a5 i!!/e f . defendant9! a..e!t.

E-FILED 2014 MAR 13 2:39 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts Type: Case Number FECR012474 FECR012390 ORDER SETTING HEARING Case Title STATE VS VALERIE LOUISE KUHLERS ST. VS. VALERIE L. KUHLERS So Ordered

Electronically signed on 2014-03-13 14:39:05

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