State of Iowa v. Michael E. Pieper
17-0208
| Iowa Ct. App. | Nov 8, 2017Background
- Michael E. Pieper was a trustee and chairman of the Green Bay Levee & Drainage District No. 2 Board and owner of MEPCO, the lowest bidder awarded a FEMA-funded levee repair contract.
- Engineer-designated "borrow areas" limited where contractor could remove soil; MEPCO excavated soil from an undesignated area, weakening the levee and requiring restoration per Army Corps directions.
- Clerk Vic Pierrot drafted June 28, 2012 meeting minutes; incoming clerk Kim Ransdell later emailed a revised draft that added language favorable to MEPCO (e.g., acceptance of a borrow area and MEPCO indemnification).
- Video recordings and testimony showed dispute among trustees over the minutes; Walker objected and sought corrections; all three trustees ultimately signed the June minutes but later contested the July minutes.
- Pieper was charged with felonious misconduct in office for knowingly falsifying public records (the June 2012 minutes). The jury convicted him; he appealed claiming insufficient evidence he falsified the minutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence that Pieper knowingly falsified public meeting minutes (felonious misconduct in office) | State: revised minutes were false and benefitted Pieper/MEPCO; Pieper approved or caused the falsifications | Pieper: no evidence he made or directed changes to the minutes; revisions attributable to clerk(s) or others, not him | Reversed — evidence insufficient to prove Pieper acted to falsify the minutes; conviction vacated and case dismissed |
Key Cases Cited
- State v. Ramirez, 895 N.W.2d 884 (Iowa 2017) (standard for reviewing sufficiency of evidence)
- State v. Huser, 894 N.W.2d 472 (Iowa 2017) (consideration of record evidence and reasonable inferences)
- State v. Robinson, 859 N.W.2d 464 (Iowa 2015) (substantial evidence must do more than raise suspicion)
- State v. Kern, 831 N.W.2d 149 (Iowa 2013) (insufficiency of evidence can bar retrial and require dismissal under double jeopardy principles)
- State v. Walker, 574 N.W.2d 280 (Iowa 1998) (definition and ordinary meaning of statutory terms where not defined)