The courtroom saga of former city of Maricopa Community Services Director Marty McDonald continued in Florence Monday when he made a pretrial appearance before Pinal County Superior Court Judge Janna Vanderpool.
The 1:30 p.m. hearing was held to combine McDonald’s three felony indictments.
McDonald was originally arrested on charges of fraudulent schemes, forgery and theft on May 11. The Friends of the Maricopa Public Library, a nonprofit organization that supports the Maricopa library and its programs, initiated charges, according to a Chandler police report. The report alleges McDonald, through fraudulent means, stole nearly $8,000 in two separate incidents.
The first incident allegedly occurred in late August or early September 2008 when McDonald ordered $4,835 in miscellaneous promotional items for the Founders Day event. McDonald then presented a copy of one of his own checks, showing payment for the items, to the Friends of the Maricopa Public Library.
However, Chandler Det. Robert Lenz said he contacted Wells Fargo Bank and found the check shown as a copy to Friends of the Maricopa Public Library as proof of purchase, never cleared McDonald’s account. According to the report, McDonald then authorized the city to make the payment to the promotional company and pocketed the reimbursement he received from the library committee.
After the charges were filed, McDonald’s attorney Clair Lane filed a claim against the city in the amount of $50,000. In this claim, McDonald asserts the charges against him are false and intended to defame his character. The claim states McDonald provided a personal check to Assistant City Manager Roger Kolman for $4,835 along with a copy of the Friends’ reimbursement check.
The claim alleges Kolman purposely did not cash the check and did not notify McDonald that the check was never processed.
The second set of charges arose when prosecutors said McDonald tampered with an invoice and receipt to manufacture evidence that cleared him of charges.
“They are alleging my client fabricated an invoice,” Lane said. “The fact is there were three items on the invoice, not two.”
The third indictment alleges McDonald and current city employee David Aviles, who is on administrative leave, modified city of Maricopa records between Sept. 1, 2010 and Sept. 22, 2010 to make it appear that McDonald was innocent of charges that he defrauded the city.
McDonald’s next hearing is scheduled for Feb. 28.