OSKALOOSA — The trial for Mahaska County Supervisor Henry “Willie” VanWeelden continued Thursday with a total of six witnesses taking the stand.

During the afternoon portion, VanWeelden took the stand.

Defense Attorney Matt Moore asked VanWeelden if he was nervous or scared when interviewed by Department of Criminal Investigation agent Tony Birmingham, to which VanWeelden answered that he was.

VanWeelden said he did not have a lawyer present during his interview with the DCI agent.

A Jan. 16, 2009, letter sent to Tom O’Brien of Auxiant was brought up during VanWeelden’s testimony. Elements of the letter were discussed by VanWeelden including how he believed he was “newly elected” at the time.

While being questioned by Moore, VanWeelden said he was not trying to steal money from Mahaska County or to deceive Auxiant or Mahaska County to get money he was not entitled to.

Moore also asked VanWeelden about the Jan. 5, 2009, Mahaska County Supervisors meeting. VanWeelden said he agreed with the testimonies given by Mahaska County Engineer Jerome Nusbaum and Jamey Robinson, Mahaska County Emergency Management coordinator, earlier on Thursday.

VanWeelden also talked about correspondence from Auxiant requesting that the Board of Supervisors take action on one of four options. VanWeelden said this was discussed at the April 6, 2009, Mahaska County Board of Supervisors meeting. He said the matter was tabled at the meeting.

VanWeelden also discussed how he went about showing how his wife, Bonnie, had continuous coverage for the 18 months preceding Feb. 1, 2009.

During questioning by Moore, VanWeelden’s interview with DCI Agent Birmingham came up a second time. When asked by Moore, VanWeelden noted the dynamics of the Mahaska County Board of Supervisors between late 2007 and late 2010, saying there were issues that couldn’t be agreed upon.

Prosecuting Attorney Becky Goettsch cross-examined VanWeelden Thursday.

Goettsch asked VanWeelden about the Jan. 16, 2009, letter. Goettsch also asked about VanWeelden’s interview with DCI Agent Birmingham.

VanWeelden acknowledged that Mahaska County business needs to go to a vote in a meeting.

After being asked by Goettsch, VanWeelden confirmed he was not the Mahaska County Supervisors chairman at the time of the Jan. 16, 2009, letter in question. VanWeelden said there was “not an official vote” on the Jan. 16, 2009, letter but a “mutual agreement” between himself and Rouw.

The testimony of Department of Criminal Investigation agent Tony Birmingham, which began Wednesday afternoon, concluded Thursday morning. Both Goettsch and Moore were given an opportunity to ask him about his investigation process as it relates to this case.

Birmingham said he strives to “get both sides of the story” in his investigations during his testimony.

After Birmingham’s testimony concluded Thursday morning, there was a point where the jury was asked to leave the courtroom briefly so both the defense and prosecution could discuss the charges in the case. After both the defense and prosecution were given their say on the three counts in the case, Judge Paul Miller said he overruled the defense’s arguments on Counts 1 and 3. Miller then said he would reserve a ruling at that time on Count 2.

Before the morning portion of Thursday’s proceedings was over, defense attorney Moore gave his opening statement to the jury. Moore discussed the issue of the state needing to prove intent on VanWeelden’s part when it comes to the charges in the case in his opening statement.

Mahaska County Engineer Jerome Nusbaum took the stand Thursday morning.

Nusbaum said he saw VanWeelden and Rouw interacting after a Jan. 5, 2009, meeting of the Mahaska County Supervisors. Nusbaum said he heard Rouw say that “as far as he was concerned, being reelected was the same as being newly elected.”

Goettsch cross-examined Nusbaum. During that time, Goettsch asked Nusbaum to speak more about his interaction with the Mahaska County Board of Supervisors. Nusbaum answered by saying he went to about 80 percent of the supervisors’ meetings.

Jamey Robinson, Mahaska County Emergency Management coordinator, also took the stand Thursday morning. Robinson was asked by defense attorney Moore if he remembered the interaction between Rouw and VanWeelden in January 2009. Although he couldn’t recall the exact date, Robinson said the conversation between the two supervisors was about including Bonnie VanWeelden on the county insurance policy.

“Mr. VanWeelden had said that because he was a reelected officer that he would like to include his wife on the county health insurance,” said Robinson, adding that Rouw said he felt there was no difference between newly elected and reelected.

In a cross-examination by prosecutor Goettsch, she asked Robinson if this was the same supervisors meeting Nusbaum referred to in his testimony, adding that Nusbaum did not remember Robinson being there. Robinson answered by saying he remembered seeing Nusbaum at the meeting.

Goettsch went on to ask Robinson if Rouw and Gordy had denied some of his monetary requests and if Robinson was upset by that, to which Robinson said no. Goettsch then asked if there were some “contentious board meetings” about Robinson wanting the supervisors to spend money or if he “butted heads” with Rouw. Robinson said that if it did come to butting heads, his board chairman, Paul DeGeest, would come to the meeting and handle the situation.

During her questioning of Robinson, Goettsch asked about the relationship among Rouw, Gordy and VanWeelden as supervisors. Robinson said that from what he’d seen, if VanWeelden brought up an issue at a meeting, it would be shot down.

Before the noon hour Thursday, Trudy Davidson was called to the stand. Davidson is employed in Human Resources at Family Medical Center. Davidson said in 2008 Bonnie VanWeelden had been on Family Medical Center’s health insurance as a single person.

Davidson said in November 2008, Bonnie VanWeelden talked with her about having a surgery the following month and asked about how the benefits would work if she went from one insurance to another.

Moore asked Davidson if Bonnie VanWeelden desired to be covered by Family Medical Center’s health insurance in 2009, was she able to do so. Davidson said she was.

Rob Sand cross-examined Davidson for the state. Sand asked Davidson if Bonnie VanWeelden’s insurance plan at Family Medical Insurance covered elective procedures, to which Davidson answered, “yes.” Sand asked Davidson if Bonnie VanWeelden indicated to her why she was leaving Family Medical Center’s insurance and Davidson said Bonnie VanWeelden did not provide a reason.

While being questioned by defense attorney Moore, Davidson said she had received a letter from Wellmark Health Plan stating Bonnie VanWeelden had credible coverage or she had been on a plan continuously for 18 months or longer prior to Feb. 1, 2009.

James Blomgren, Chief Judge of Iowa’s 8th District, was also called to the stand Thursday afternoon.

After being asked by defense attorney Moore, Blomgren confirmed that he swore VanWeelden into office in late Dec. 31, 2008.

Once the defense had rested and no more state evidence was to be presented in the early afternoon Thursday, Judge Paul Miller said jurors were to go home and return to court at 9:30 a.m. Friday to hear closing arguments from the state and defense. On Monday, Judge Paul Miller said the trial should last all week and should be done by Friday.

Watch the Herald for more information on the VanWeelden trial.

A criminal charge is merely an accusation and VanWeelden is presumed innocent until and unless proven guilty.

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Herald City Editor Andy Goodell can be reached at news2@oskyherald.com.