Embattled Douglass (Mont.) Supervisor Frederick W. Ziegler claims prosecutors do not have sufficient evidence to take him to trial on charges he allegedly stole equipment and materials from the township and misused a township fuel card for his personal benefit.
Ziegler, 62, through his lawyer Vincent P. DiFabio, filed court papers Tuesday asking a Montgomery County judge to review the April decision by District Court Judge Cathleen Kelly Rebar, who, after a preliminary hearing, ordered Ziegler to trial on 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 September 2012 and December 2014.
“The testimony at the preliminary hearing failed to establish that the defendant took or exercised unlawful control over movable property of the township with intent to deprive the township of that property…,” DiFabio wrote in the court petition asking a county judge to dismiss the charges.
Prosecutors with the Pennsylvania Office of Attorney General will have the chance to address the request when a county judge holds a pretrial hearing on the matter later this year.
In April, Rebar, noting that the burden of proof “is quite low” at the preliminary hearing stage, determined prosecutors presented sufficient evidence to take Ziegler to trial on the charges. Rebar dismissed a single count of restricted activities, accepting improper influence, against Ziegler.
Ziegler, who remains free on bail, previously pleaded not guilty to all the charges and during interviews with The Mercury has denied any wrongdoing.
With charges filed in September 2013, authorities allege 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, 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; as well as having 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.
With respect to the chainsaw, DiFabio maintained a township road master purchased the saw after a storm and Ziegler asked to borrow it to clear some trees on his property.
“The defendant replaced the saw with a new saw over a year later but in that period of time the township road master never asked the defendant to return the saw,” DiFabio wrote in court papers.
With respect to the gas expenditures, DiFabio maintained Ziegler’s four trips “were all for township-related matters” between Sept. 12 and Nov. 5, 2013, and that township officials never asked him to reimburse the township for the four gas expenditures.
“He met with people on township matters on the four occasions in question and would have been authorized to submit a voucher for his mileage and expenses but used the gas card as opposed to submitting a voucher,” DiFabio wrote. “There was no testimony that submitting the voucher for his mileage and other items would have been less than the amount charged to the gas card.”
Additionally, DiFabio argued Ziegler previously was authorized by the township manager, Peter Hiryak, to use the gas card for two trips in August 2013.
DiFabio maintained Ziegler asked a township employee to purchase four sheets of plywood in November 2013 but did not tell the employee to bill the township for the plywood. Ziegler, DiFabio maintained, gave a blank check to the township manager for the plywood on Nov. 12.
With respect to a 100 pound propane tank, DiFabio claimed the township was never billed by the store that supplied the tank.
“Furthermore, the testimony from the township road master was that he lent the tank to the defendant and later agreed to receive two 50 pound tanks in exchange for it,” DiFabio wrote in court papers.
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.
Ziegler, according to additional charges filed in January, also is accused of attempting to intimidate Hiryak, a witness against him in the theft case, during an encounter last year at which Ziegler allegedly implied he was launching his own investigation of Hiryak.
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 previously filed a lawsuit seeking in excess of $50,000 against two township supervisors, the township manager and the township solicitor, alleging township officials defamed him. In that suit, Ziegler alleged township officials disseminated false information and publicly accused him of ethical violations “including improper use of township funds,” according to court documents. Ziegler, in the suit, maintained his reputation was “permanently damaged in the community by public statements falsely accusing him of ethical/criminal violations” and caused him emotional distress.
However, that suit was later withdrawn.
