Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
PATRICIA WANDEN, left, testifies in Iron County Court Monday during a sentencing and restitution hearing while Judge Patrick Madden looks on. PATRICIA WANDEN, left, testifies in Iron County Court Monday during a sentencing and restitution hearing while Judge Patrick Madden looks on.
By RICHARD JENKINS
Hurley - A Hurley woman received a deferred entry of judgement and was ordered to pay $25,000 in restitution during an appearance in Iron County Court Monday.
Patricia Ruth Wanden, 66, faced charges of forgery and a misdemeanor charge of theft through false representation in the case. Special prosecutor Fritz Schellgell accused Wanden of forging James Pierce's signature and cashing an insurance check made out to both Wanden and Pierce following a 2011 fire at the house in Gile, Wis., they both were living in.
Schellgell handled prosecution of the case on behalf of Iron County Prosecutor Marty Lipske, who continues to recover from an illness.
In finding Wanden owed restitution, Judge Patrick Madden said the need for restitution came from Wanden's own testimony.
"The court can rely on this, Ms. Wanden stated under oath - and it's clear from the court's notes - that she paid one-half of the insurance - which then means Mr. Pierce paid one half of the insurance," Madden said. "And that the reimbursement was made by the insurance company to those persons that owned property within that premises. If Ms. Wanden believed that she had 90 percent of the property, it would have been appropriate for her to pay 90 percent of the insurance - she didn't."
He continued the split of the premiums determined the amount of the settlement each party was entitled to.
"(The) $70,000 is the right of both persons who paid for the insurance to have an equal interest for the reimbursement because they paid equal amounts of the insurance," Madden said.
The hearing featured a number of witnesses called to provide testimony regarding the fire and who owned what property in the house.
Schellgell called Todd Haeger, the vice president of Range Insurance and Financial Services in Hurley, who handled the insurance claim related to the fire. Haeger testified Wanden received a payout of $5,598 for her property damaged in the fire, and the second payout of $70,000 was intended to replace Pierce's damaged property. Haeger testified that based on a discussion had with a claims adjuster at the house, Wanden said her possessions were roughly limited to one bedroom.
Iron County Sheriff's Department Lt. Paul Samardich also testified for the prosecution, telling the court it was determined Pierce's signature on the check didn't match his handwriting and used a different name - either Jim or James, Samardich wasn't sure which - than Pierce normally used to sign checks.
Wanden's attorney, Vincent Kurta, called two of Wanden's acquaintances to testify that Wanden in fact owned a majority of the items in the house, either bringing them from her previous house or buying them after moving in.
They also said Pierce and Wanden had an agreement that allowed Wanden to handle financial matters for both and she had permission to sign checks in his name. Wanden also testified to the ownership of the possessions and the financial agreement between the two.
During her testimony, Wanden said she had already given Pierce $10,000, which Madden later deducted from the $35,000 due to Pierce as Pierce didn't testify in court to dispute Wanden's claim he received that money.
Following the testimony from both sides, each lawyer made their case. Schellgell said Haeger was an unbiased third party while Wanden had a motive to make her testimony benefit herself and asked for restitution. Kurta argued that while someone may have made a mistake in cashing the $70,000 check, it wasn't Wanden and she should't be punished for it. He said the defense's position was no restitution was due.
As Associated Bank in Hurley - where the original check was cashed - already issued a check to Pierce, Madden ordered the restitution be paid to the bank.
"We accept and respect the judge's decision because we have to. And we fully expect Ms. Wanden to live up to her end of the bargain," Kurta told the Daily Globe following the hearing.
According to information presented in court, the forgery would be a subject to a deferred judgement for three years, which means Wanden won't face punishment if she follows the terms of the delayed judgement, including no negative contact with law enforcement.
Schellgell said a no-contest plea was entered on the second count and the sentences were withheld, with Wanden placed on probation for one year.
