Hoffman’s motion for discovery granted

Posted

Matthew Hoffman appeared in Saline County District Court on Nov. 1 for a pre-trial conference to advise on the status of the case.

Jonathan Bratten, attorney for Hoffman, requested a procedural preliminary hearing on the amended felony theft charges in county court to bind over. The court granted his request.

Bratten made a verbal motion for discovery regarding a letter from forensic accountant Dale Creamers from Denman and Company, LLP, that summarized his investigation of the point of sale system used at Fritz’s Bar and Grill in Wilber. Creamer’s summarization is linked to the amended charge filed by prosecutor David Solheim.

In the letter, Creamers noted the names of other employee passcodes, including some who were not employed at the bar at the time of the alleged crimes, that were used in the bar’s software to remove items from cash transactions.

Bratten advised the full report including other employee names, their contact information, dollar amounts and CPA information is necessary to determine culpability.

Solheim advised the court that Bratten had been provided the complete discovery in his possession and recommended a deposition to occur of the accountant. 

Bratten argued just because Solheim does not have it in his possession, the information is still discoverable and necessary to providing a defense to Hoffman, suggesting that other parties were involved in property and monies being stolen from the Wilber bar. 

Judge David Bargen granted Hoffman’s motion for discovery. The state has 30 days to provide the complete discovery from the CPA.