Norman guilty
Published 5:00 pm Saturday, May 14, 2011
Ex-Albert Lea city administrator guilty
of misusing city credit card
A 12-member jury on Friday found former Albert Lea City Manager Jim Norman guilty of seven of eight counts tied to using a city-issued credit card for personal purchases.
Norman, 57, said he plans to appeal the decision, noting he needs to get his family life and employment back in order.
“It’s my belief justice was not served today,” Norman said.
The verdict came at about 6:15 p.m. at the Freeborn County Courthouse, after three hours of deliberation and a full week of jury selection and trial proceedings.
Mower County District Court Judge Fred Wellmann read aloud the verdicts and polled each juror to see if they agreed. Each answered yes.
As Wellman read the verdict, Norman looked ahead and turned red in the face, but showed little emotion. At one point he looked back at his family members in the courtroom gallery, a few of whom were crying.
Norman was found guilty of five counts of permitting false claims against government by a public officer, one count of theft with the intent to exercise temporary control and one count of misconduct by a public officer.
All counts are felonies except the misconduct charge, which is a gross misdemeanor.
The false claims counts were the result of charges Norman made on the city credit card for items including an aquarium, cat litter, a refrigerator, a home garbage service, feminine hygiene products and women’s shoes.
Through his lawyer, Peggy Rockow, Norman argued the state failed to show proof beyond a reasonable doubt. Norman, who was hired in May, 2010, said many of the charges could have been considered moving expenses, as they occurred in May, June and July.
Rockow argued the section of Norman’s employment agreement referring to moving and relocation expenses was not clear. Norman said he thought most reasonable people would have agreed.
During her closing arguments, Rockow said her client had nothing to hide and the evidence showed no “purposeful intent to defraud.”
Prosecutor Brenda Miller, Chief Deputy Waseca County Attorney, argued the case was one of trust and accountability, and Norman put his own interest above that of the public.
Miller argued Norman gave inconsistent statements — including initial statements about having to use the card because of bad finances, to ones that he thought the charges were considered moving expenses, and even that he mistakenly used the wrong card.
“How many times has the defendant’s story changed?” Miller said in her closing arguments.
She said Norman used the city card hoping to “float” by.
“He knew what he was doing,” she said. “He knew the charges were improper. That’s why he paid them back right away.”
Miller said she believed the jury reached a “fair and just” verdict.
She commended the jurors and said she could tell they conducted thorough research by finding him not guilty of one of the counts.
Miller doesn’t expect Norman’s sentence to be much more than a suspended jail or prison sentence because of his lack of criminal history.
Wellmann ordered the presentence investigation to be expedited and the sentencing be within 45 days. Norman was released on promise to appear.
Rockow could not be reached after the hearing.
Albert Lea Mayor Vern Rasmussen declined to comment.