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By ELLEN MORTENSEN
Chief Assistant Editor
Brian Kaufman dropped his head into his hands, tears clearly welling up in his eyes, as the verdict was read - not guilty. A loud sigh of relief emitted from the bench in the courtroom where his family sat, nervously awaiting the outcome of the 2 1/2-day trial. It took the jury exactly three hours to reach a unanimous decision. The Trial:
“Imagine what it would be like to have someone pick 10 days out of a hat, and you had to account for where you were and what you were doing during those 10 days.”
That was a statement made to the 12-member jury deciding the case of Brian Kaufman by defense attorney Jim Duncan during closing arguments.
After two and a half days of hearing testimony from witnesses, and wading through dates, times, places and events from more than a year ago, the jury was finally handed the case for deliberation on the Broken Bow volunteer fireman at 10:30 a.m. Wednesday morning.
The trial for Kaufman began Monday. The 27-year-old married father of three, was charged with the unauthorized use of a financial transaction device, a Class IV felony.
The state alleged that during a period from October 2007 to March 2008, a Broken Bow Fire Department fuel card was used to make unauthorized purchases of fuel at Trotter Service on North 5th Avenue in Broken Bow. They also alleged that Kaufman was the person responsible for those purchases.
Jury selection was completed at 11 a.m. Monday, and following a recess for lunch council for both sides presented their opening statements.
Evidence for the Prosecution:
The first witness to take the stand in the Kaufman trial was Yvonne Tucker, bookkeeper at Trotter Service since December 2002. She stated that on March 11, 2008, she noticed a “locked out” card had been used to purchase fuel.
Tucker also testified that on March 23, 2008, a “locked out” card had again been used at the station.
Following testimony by Tucker, Andy Holland was called to the stand. Holland serves as the maintenance clerk/facilitator for the city of Broken Bow, and also serves on the fire department.
Holland testified that about 8:30 a.m. on March 11, 2008, he received a call from Tucker informing him that a “locked out” card has been used at the station. He said that after receiving the call from Tucker, he went back through the records for the past year and discovered a number of fuel purchases that could not be accounted for. Holland stated that he found a total of 11 unaccounted for purchases, totaling $654.96. He then turned this information over to Police Chief Steve Scott.
Holland stated that as part of the police department’s investigation, all of the fuel cards for the fire trucks and ambulances were “dusted” with a glowing translucent powder. He said he was not sure how the cards were dusted, as he was not present when the procedure was done.
On May 24, 2008, a mandatory meeting of all firemen and EMTs was called by Scott. At this meeting, all those present were taken in to a dark room and had their hands examined under a black light for any traces of the powder. According to Holland, Broken Bow police officers Casey Hurlburt and Ryan Anderson administered those tests.
A roster from that mandatory meeting indicated who was and was not present at the meeting. Holland admitted that one of the firemen who did not attend was aware of the dusting of the cards prior to the meeting. Kaufman did attend the meeting.
Day two of testimony began with Police Chief Steve Scott, who stated that Holland had come to his office March 12 with information regarding the unauthorized use of fire truck fuel cards. He said Holland returned to his office March 24 for the same reason.
Scott testified that the morning of March 24, he saw Kaufman at the fire hall and asked to see his hands under the black light. Kaufman complied. Scott stated he did find powder on Kaufman’s right hand, running from about halfway down his index finger, through the valley of his thumb, and about halfway up his thumb.
Scott stated that Kaufman’s vehicle was searched by Officer Casey Hurlburt with the black light at that time, and powder residue was discovered on the steering wheel, door handle and gas cap of the pickup. According to Scott, the residue remains on the skin for up to three days, and when fresh will transfer to other objects when touched.
Lead investigative officer in the case was Hurlburt, who was next to testify. He demonstrated for the jury how the cards were dusted, stating he was wearing gloves at the time and was assisted by Holland.
Hurlburt also stated that both he and Officer Anderson had witnessed Kaufman fueling his vehicle at Trotters during evening hours, when the only way to obtain fuel is with one of the city’s cards.
Hurlburt stated he could not remember if it was he or Kaufman that drove the pickup into the building for inspection. He also admitted that he did not put anything in his report about finding powder on the pickup.
Hurlburt later fingerprinted Kaufman to check the cards for his prints, but said there were too many smudge prints on the cards to make an accurate determination.
Evidence for the Defense:
As their first witness, Jim Duncan and Steven Bowers called Kathryn Kaufman, wife of the defendant. She testified that her husband is a good man, and a loving and attentive husband and father.
She stated that she was out of town visiting her parents, when on the morning of March 24, 2008, she received a call from Brian informing her that he was a suspect in this crime.
“I immediately packed up my children and came home to support my husband,” Kathryn testified.
She said that shortly after returning home, Ryan Anderson came to their residence to speak with Brian. However, Kathryn was not allowed to testify as to that conversation due to an objection of heresay from the state, which was sustained.
Julie Chalupa, the Kaufman’s next door neighbor, was next on the stand. She has lived next door to the Kaufman’s since 2003, she stated, and says she is a very light sleeper and is always awakened by Kaufman’s noisy pickup when he comes and goes.
Chalupa testified that on the evening of March 23, one of the evenings in question, she stayed up particularly late as she was trying to get adjusted to going from working night shift to day shift. She said she did not hear Kaufman’s pickup leave that night.
The state objected to the calling of witness Corey Clay by the defense, and after hearing arguments from both sides Judge Noakes allowed only minimal testimony in front of the jury.
Prior to the jury returning to the court room, Clay stated that he was serving as rescue captain at the time of the investigation, and said he had gone to Officer Anderson regarding his thoughts on someone else who might be a suspect in the case. Clay stated why he believed this person was a suspect, and asked Anderson to follow up on it. He said to the best of his knowledge, that was never done.
Clay also testified that he has seen the fire department’s fuel cards on different occasions laying on the bench at the back of the fire hall, and once found one on the ground at Trotter Service.
Finally, Kaufman himself took the stand. He stated that he has been with the Broken Bow Fire Department for three or four years, and has always wanted to be a fireman like his father. He moved to Broken Bow six years ago, when he got a job at Adams Land & Cattle, Co., where he operates a feed mill.
Kaufman admitted he did have the glowing powder on his hands, and is baffled as to how it got there. He says he does remember handling the fuel card March 19, after the truck had returned from a call.
However, at least one other fire fighter also handled that card, and to the best of his knowledge that fire fighter's hands were never checked.
He also stated that it was Hurlburt who drove his pickup into the building to be searched, and that the officer was wearing black latex gloves at the time.
The defendant says once he became aware that he was a suspect in this case, he began compiling information for his defense. That included a sales receipt from Menard’s in Kearney on one of the dates and times in question.
He also presented several cancelled checks from his personal checking account, reflecting the purchase of fuel during the same period as the unauthorized incidents.
In closing arguments to the jury Wednesday morning, Deputy County Attorney Glen Clark reminded the jury that two officers say they witnessed Kaufman on four separate occasions at Trotters Service after hours.
“Remember the hand - the hand had the powder. That tells the story,” said Clark.
As Duncan addressed the jury in his closing, he reminded the 12-person panel;
“Unaccounted for is not theft. Unaccounted for means you can’t find it.
“Brian deserves that you be convinced beyond a reasonable doubt that he committed every single one of these purchases - not one, but ALL of them,” Duncan continued. |
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