McDonald pleads not guilty

Former city employee Marty McDonald took one step closer to the conclusion of his saga with the city on Monday, entering a plea of not guilty regarding charges of fraudulent schemes, forgery and theft.

“My client is not guilty of anything; this is a case of someone having it out for Marty,” said McDonald’s attorney Clair Lane.

McDonald, the city’s former community services director, was originally arrested on the charges 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, the investigating officer, Chandler Det. Robert Lenz, said he contacted Wells Fargo Bank and found the check presented to Friends of the Maricopa Public Library, as proof of purchase, never cleared McDonald’s account. McDonald, according to the report, then authorized the city to make the payment to the promotional company less than two weeks after he received the check from the Friends.

The report cites a second incident in January 2008 when McDonald allegedly ordered nearly $2,000 worth merchandise and then modified the invoice to look like the cost was $3,000 and had already been paid for with McDonald’s American Express card.

He presented the modified invoice to the Friends for reimbursement and then sent the original to the city to be paid. Lenz sent the alleged modified invoice to Matt Carbone of BSN Sports Collegiate Pacific, who confirmed it was modified.

After the charges were filed, Lane filed a claim against the city in the amount of $50,000. In this claim McDonald says the charges against him are false and an attempt to defame his character. The claim states McDonald provided a personal check to Assistant City Manager Roger Kolman for $4,835 and a copy of the Friends’ reimbursement check.

However, the claim alleged Kolman purposely did not cash the check and did not notify McDonald the check was never processed.

In addition, McDonald alleges the invoice for fencing and other items totaled nearly $3,000, and there was no modifying of the invoice. The claim provides a copy of this invoice and a receipt showing McDonald paid using his American Express card. Lane contends there were two invoices, which were combined into one invoice for the nearly $3,000; however, investigators were only made aware of the allegedly modified invoice.

This new evidence presented by McDonald resulted in his arrest Aug. 26 for two additional charges of perjury and forgery.

The item on the $3,000 invoice that resulted in the new charges was the purchase of basketball mini-goals, according to Lane.

“They are alleging my client fabricated the invoice to include the mini-goals,” he said. “The fact is there were three items on the invoice, not two.”

Lane added that the city received the mini-goals for an event held at the school district and has them in their possession currently, but has no record of ever paying for them.

“Either my client is a criminal super genius, or the city’s record keeping is really messed up,” Lane said.

McDonald’s next hearing on both sets of charges is scheduled for Oct. 18.

At that time Lane said the cases will be consolidated, and, hopefully, a ruling will be made on a motion to remand the cases back to the grand jury.

If the case is remanded back to the grand jury, the charges could be dropped or McDonald could be re-indicted.

While McDonald and Lane battle the city about the current charges, depositions are being collected for a $500,000 claim McDonald has filed against the city.

The claim is the result is an investigation done into McDonald allegedly using the city’s shipping rates to gain an illegal discount for fantasy football materials.

However, the state threw those charges out when McDonald’s attorney was able to provide the courts with an e-mail showing McDonald had been informed that his personal FedEx account was separated from the city’s account.

“We have a witness who said that City Manager Kevin Evans removed documents from Marty’s file before it was looked at by investigators; we don’t know what he removed, but it was likely something that helped their case,” Lane said.

Lane said the case was moving very slowly, and it could possibly be a year before it sees a courtroom.

To see the McDonald’s motion for dismissal, click here.

File photo