February 4, 2015 at 4:58 p.m.
Wigglesworth embezzlement trial delayed again
Wigglesworth embezzlement trial delayed again
The hearing concluded without the announcement of a plea agreement but, nonetheless, the trial has been postponed.
Brenda J. Wigglesworth, 47, appeared before Branch I Judge Patrick O'Melia with her attorney Lindsay Erickson. Wigglesworth is charged with theft in a business setting greater than $10,000, a class G felony that carries a maximum prison term of 10 years.
She is accused of taking the money while she was employed as the bookkeeper and office manager at the animal hospital.
At Tuesday's hearing, Erickson told O'Melia that the forensic accountant her client has retained needs at least 60 days after she receives all financial records to complete her investigation and write a report.
The trial was originally scheduled for Dec. 18 and 19 but was postponed until Feb. 10-12 at Erickson's request so that she could consult with the expert witness.
According to Erickson, the sticking point on a plea agreement continues to be the total amount Wigglesworth is alleged to have taken.
"There need to be some financial issues that need to be ironed out," she told the judge Tuesday.
Erickson and Wigglesworth met with the forensic accountant three weeks ago and retained her services. At that time, the accountant advised she would need at least 60 days to complete her investigation.
O'Melia noted this is the second delay in the case and expressed concern for the alleged victims.
"I wouldn't be surprised if they aren't frustrated by this process," he said.
The judge noted that the case was filed in June 2014.
"Even by local standards, this is a pretty young case, but it is felonious, and I do like to resolve them quickly, especially when they have to do with cash and finances," O'Melia said.
Assistant District Attorney Steven Michlig reported that the alleged victims were in court and are anxious for the case to be resolved. However, despite his concern for the alleged victims, the prosecutor said it wouldn't be in the interest of justice if the defense is rushed into a trial without the information from its new expert witness.
"I think potentially we would be trying the case twice," Michlig said. "I agreed to allow Ms. Erickson to take the steps to find a forensic accountant. I had doubts that she would find one, but she has found one."
Further complicating the scheduling of further proceedings is the fact that Erickson will be going on maternity leave after the first week of April.
After exploring possible trial dates in June, O'Melia decided to reschedule the trial for July 8-10.
"This is my vacation, but we have to get this done," he said.
A pretrial hearing has been scheduled for May 19.
Once the report has been filed and the defense has a more concrete sense of the amount of restitution that would have to be repaid, Erickson said a plea agreement may be brokered.
"I'm 75 percent certain that we won't keep going to trial if we get an adequate amount," Erickson said.
According to the criminal complaint, an independent accountant hired by the animal hospital in June 2013 reported various bookkeeping irregularities. In the report cited in the complaint, the accountant claimed that between 2008 and April 2013 Wigglesworth:
• Did not deposit entire proceeds of hospital earnings;
• Wrote checks and used business credit cards for personal expenses;
• Made loans to herself and other employees;
• Did not bill certain customers;
• Padded contributions to her and other employees' retirement accounts;
• Excessively reimbursed health care costs;
• Abused pay for vacation and personal days.
The criminal complaint alleges that the police investigation verified at least some of the accountant's findings.
Wigglesworth's employment at the clinic was terminated in May 2013. At that time, she allegedly wrote a check to the hospital's owners for what she described as "what I owe the clinic."
The Minocqua Police Department began its investigation into Wigglesworth in April 2013 when the animal hospital contacted them. Former MPD Chief Andrew Gee handled the investigation until October 2013 when he resigned. Gee's eventual successor, David Jaeger, assigned a sergeant to the case and also asked for assistance from the Oneida County Sheriff's Department and Wisconsin Department of Justice.
Wigglesworth was arrested June 9 and made her initial appearance the next day.
She remains free on a $15,000 signature bond.
Jamie Taylor may be reached at [email protected].
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