Testimony Continues in Day Two of Dohner Trial

(GantDaily File Photo)

CLEARFIELD – During the second day of proceedings, the jury heard testimony from former coworkers, a current and former county commissioner, investigators and a questioned document analysis expert all of whom were involved throughout the investigation of a former Children, Youth and Family Services director accused of tampering with public records and lying on mileage expense sheets.

Lisa Dohner, 48, of Clearfield faces 18 counts of tampering with public records or information, five counts each of theft by unlawful taking, theft by deception and conflict of interest. In addition, she has been charged with three counts of criminal attempt and one count of forgery.  Her charges stem from alleged incidents during her employment at CYFS from 2003 to 2006. At the time of the alleged incidents, she served as the director of CYFS. She was terminated in March 2006.

According to a prior GantDaily report, Dohner’s case is being presented in two parts. On Tuesday, Deputy Attorney General James Reeder explained their first subsection focuses on six mileage reimbursement sheets, which were submitted with alleged errors by Dohner. Under the second subsection, he placed focus on the thank-you cards that were allegedly forged and presented as being from non-profit organizations.

Cynthia Stewart, who was then the solicitor for CYFS, was the first to take the stand Wednesday morning. As part of her duties, she told the jury she frequently attended court proceedings on behalf of CYFS.  On Feb. 15, 2006, she was in Pittsburgh for an argument to be heard before the Pennsylvania Superior Court. Although it was a CYFS case, she indicated it wasn’t “imperative” for Dohner to be present.

However, Stewart said the defendant had expressed interest in attending the court proceeding with her. She said Dohner ultimately didn’t attend with her, and she would have seen her if she had gone on her own.  Under cross-examination, Stewart testified that she wasn’t surprised that Dohner didn’t attend. When asked by Dohner’s attorney, she admitted the defendant could have traveled alone to Pittsburgh.

The jury then heard from several of Dohner’s coworkers from her tenure at CYFS.

Tonya Weitoish, who was a caseworker while Dohner was both supervisor and later administrator, detailed the department’s policy for employee mileage reimbursement. If an employee used their own vehicle, they were to record the departure and destination points.  She explained they were logged on mileage sheets, which were submitted monthly to the controller’s office for approval. On occasion she observed Dohner flipping through a blank datebook and completing her mileage sheets in the common area of the CYFS office.

According to Weitoish, the defendant also approached the Clearfield County Commissioners about implementing a “Jeans Day” at the office. She and coworkers were permitted to wear jeans if they donated $1 on Fridays and more around the holidays.  She told the jury that they decided any collected donations from the “Jeans Day” program would be donated to charities, such as the American Red Cross, the American Cancer Society, etc.

Weitoish said any CYFS employee who participated in the program gave $1 to Bonnie Baughman, an office secretary, in the common area. Baughman recorded the names of those who donated and placed all collected money in an envelope.  Weitoish believed that anywhere from 12 to 15 CYFS employees participated in “Jeans Day” every Friday. She told the jury that Dohner enforced the program at their office.

At one point, Weitoish said she and other coworkers suspected that their donations were not reaching the non-profit organizations. She had not observed thank-you cards from any of the recipients of their donations.  She admitted that she didn’t confront the defendant with her concerns about them.

She said she and former CYFS employee Nikki Rohrback discussed their suspicions while her coworker’s mother Joyce Kitko had donated $100 on behalf of King Cole Sales Inc. to Hurricane Katrina through the local chapter of the Red Cross. Rohrback related that the check had not been cashed.

As a result, Weitoish contacted the Red Cross by phone and provided false identification to them. She then inquired about whether or not they had received a donation from either Dohner or CYFS. They had not.

Weitoish also testified that she was familiar with the defendant’s handwriting. She indicated that she observed it on office paperwork on a daily basis. She also said every mail item must be stamped with the month, date and year by the clerical staff.

Viewing the thank-you from the SPCA, Weitoish pointed out that it hadn’t been stamped with the date. She noted she hadn’t observed the card in the common area, where they’re typically displayed. She also recognized the handwriting as that of Dohner’s.

Christine Davis, who was a caseworker and supervisor during Dohner’s tenure at CYFS, said she didn’t observe any of the thank-you cards in their common area, where such was typically hung. She also said she was familiar with the handwriting of Dohner.

On a thank-you from Community Action, Davis believed it was the defendant’s handwriting. She then recognized “pieces” of the handwritten thanks on the inside of the card, which was signed as being from the SPCA.

When asked by Reeder if she recognized any handwriting as that of another person on the cards, Davis pointed to the thank-you from the Red Cross. She explained that she, too, was familiar with the handwriting of Dohner’s husband, which was described as “loopier.”

“If I had to take an educated guess, I’d say it was that of her husband,” Davis told the jury. She said the defendant’s husband was employed by the Lawrence Township Police Department at the time. She had observed his signature on paperwork.

Rohrback then took the stand and testified about the “Jeans Day” program that was implemented during her employment at CYFS. She said Dohner had informed them that any donations collected would be given to charities.

However, Rohrback said they later began to suspect that the money wasn’t being turned over to those organizations. She indicated they had not received any thank-you cards or acknowledgments from the charities.

She said Kitko, who was her mother and of King Cole Sales Inc., had donated $100 to the relief effort of Hurricane Katrina. She was given the check and later turned it over to Dohner to give to the Red Cross. As time passed, Kitko questioned Rohrback about the donation, as the check had not been cashed.

“(There) was previous suspicions,” Rohrback testified, noting those grew even more so with the questions surrounding the Red Cross donation. She discussed her suspicions with other coworkers at CYFS.

According to her, she and Weitoish decided to contact the Red Cross. She said Weitoish made the phone call, using a false name while they feared losing their jobs if Dohner or the commissioners became aware. Rohrback said they were to receive a return call with information. But because they had used a false name, it was directed to the defendant.

Like her coworkers, Rohrback said she also recognized Dohner’s handwriting. At the time she was employed by CYFS, she testified to seeing Dohner’s handwriting “multiple times a day, every day.” She told the jury she believed the handwritten notes on two cards, which were signed from the SPCA and Community Action, appeared to be Dohner’s.

In addition, she said it was policy for cards, such as those expressing thanks, to be placed in the front office area. She didn’t observe any of the cards, which were submitted into evidence, hung up for the employees to view.

Erin Troxell, who was a caseworker at the time Dohner was employed by CYFS, said the “Jeans Day” was implemented when Dohner became administrator. They had a dress code, which didn’t permit jeans.

If they donated $1, they were permitted to wear jeans on Fridays. She recalled that most of the staff, clerical, caseworkers, etc., participated in the “Jeans Day” program. She indicated the program continued through the end of Dohner’s tenure in March 2006.

Like her previous coworkers, Troxell didn’t observe any thank-you notes in the common area at the front of their office. She said such cards were often hung there, as it was “a place your eyes would see every day.”

Troxell explained they also had a “very strict policy” that required every piece of mail to be opened immediately by designated office workers. She said mail was given a date stamp before being distributed to the appropriate individual.

When presented with four thank-you cards, Troxell indicated that none had been stamped with the date. She testified that she believed the handwriting on the alleged Community Action and SPCA thank-you cards to be that of Dohner.

Under cross-examination, Troxell said she was “less familiar” with the handwriting on the alleged thank-you card from the Red Cross. She said it didn’t appear “as clear” as the others, but it was a “strong maybe.” She found the handwriting on the Cancer Society thank-you “unusual” and didn’t know who wrote it.

Troxell told the jury that her suspicious surrounding the use of the “Jeans Day” donations started in October 2005. As a result, she contacted the state’s Department of Public Welfare with her concerns.

Baughman said she collected the “Jeans Day” donations each Friday. She recorded those employees who participated and indicated the same on the outside of the collection envelope. She testified that she kept the envelope, which contained the donations, in her front desk drawer and turned it over to Dohner at the end of each month.

Baughman said her desk drawer wasn’t locked, and people had access to the same. She said it wasn’t uncommon for employees to make change with the “Jeans Day” money. Under cross-examination, she said she often handled requests for change. But she said at busy times, she permitted an employee to do so. She also said it was typical for coworkers to come in before her and stay after she left.

Lisa McLaughlin, who worked as a clerical supervisor during Dohner’s tenure at CYFS, said once they collected so much from “Jeans Day” donations, Dohner was to present it to charitable organizations.

McLaughlin said all incoming mail was stamped with the received date. She indicated to the jury that none of the alleged thank-you cards included such a stamp. She also believed that those supposed to be from the SPCA and Community Action included handwriting of the defendant.

County Commissioner Mark McCracken, who also testified on Tuesday, was recalled to the stand. He said the county commissioners began investigating Dohner in fall 2005. He said they conducted interviews with previous employees of CYFS.

According to him, they turned over the investigation to the state police and the attorney general’s office in April 2006. He indicated that Dohner had been terminated sometime in March 2006 and filed a civil suit against him and former County Commissioner Rex Read in late 2007 or early 2008.

In late 2005, McCracken said Rohrback and Weitoish stopped by the commissioner’s office. At the time, he was the only commissioner available and heard their concerns about a donation that was to be made to the Red Cross on behalf of CYFS.

McCracken said they were concerned due to a lack of confirmation of the donation being received by the charity. Over the course of questioning from 2004-05 to 2006, he developed the understanding that there were concerns about other charities that hadn’t received donations as well.

McCracken said he approached Dohner a number of times about the money that was to be donated to charities. She indicated to him she had written checks and turned it over to the respective charities. He asked her to provide proof.

McCracken said the defendant later provided him with a handwritten list of charities to which she donated money on behalf of CYFS. She also had indicated that “$25 to $40, give or take a few,” was collected each month as part of the “Jeans Day” program.

At a later date, McCracken said the defendant handed him “the information that he wanted” about the “Jeans Day” program. Inside an envelope, he found five or six photocopies of alleged thank-you cards, which were presented as being from charities.

McCracken said the thank-you cards didn’t appear to be the type sent out by charitable organizations. He’d served on the Red Cross and Community Action boards and was familiar with their doings. He then contacted Barb Richards Noone of the local Red Cross chapter.

By phone, he inquired to Noone about any possible donations made to them on behalf of CYFS or Dohner. They had not received any, and Noone also indicated that they didn’t send out “Hallmark style” thank-you cards.

Instead, Noone related they sent official Red Cross thank-you cards. She said, “There was no possible way” that they’d use a store-bought thank-you, McCracken told members of the jury.

McCracken said he then questioned Dohner specifically about the Red Cross donation and thank-you card. She suggested that someone at the charity could possibly be stealing donations. He contacted Noone again.

McCracken related Dohner’s response to his questioning to Noone and asked who handled the donations at the Red Cross.  Noone said she handled all incoming donations.

“Looking at the facts, I didn’t feel it was a possibility,” McCracken said of the defendant’s claim. Under cross-examination, he said the commissioners eventually voted, 2-1, to terminate Dohner. He said that former County Commissioner Michael Lytle cast the only nay vote.

Following her termination, McCracken said Dohner’s office was secured. He and Read went to her office and were there in the presence of other CYFS employees. He indicated they had received a request for paperwork that was believed to be in the defendant’s office.

As part of her duties, Noone testified that she processed incoming donations at the Red Cross. From 2003 to 2006, she reported they didn’t receive any donations from Dohner or CYFS. She said any donation received is logged; the donor is sent an “official” thank-you.

She was then asked if she recalled any discussions with McCracken about the donation or thank-you card alleged to be sent by the Red Cross to CYFS. She didn’t recall if she had a phone conversation with McCracken about the matter.

During the prior testimony, Mifflin County President Judge Timothy S. Searer permitted McCracken to speak of his phone conversation with Noone. Searer decided to allow it, as Noone was slated to testify next in the case. When she didn’t recall her discussion with him, Searer instructed the jury not to consider any of McCracken’s testimony related to his phone call with Noone.

Marie Reano of Community Action said she entered data and handled aspects of incoming donations for the charity. After checking their records, she indicated that they hadn’t received a donation from Dohner or CYFS at any point from 2003 to 2006. She, too, testified that they used a particular thank-you card and wouldn’t send out a store-bought one.

Pam Smith, director of the SPCA, said she handled their accounting and donations. She told the jury she couldn’t find any record of a donation made by Dohner or CYFS at any point from 2003 to 2006. She was then presented with an alleged thank-you to be from her charity to the CYFS.

“In my 20 years, we have never sent any type of card like this,” Smith said of the card, which had two cats on its cover. She indicated that they use a computer-generated thank-you card to send, when donations are received at their office.

Karen Belin, a representative from the local Cancer Society, said she handled the money and donation records. From 2003 to 2006, she testified that they didn’t receive any donations from Dohner or CYFS. She said they would “absolutely not” send the thank-you that was alleged to be from their organization. She explained they have thank-you cards specific to their charity.

Read testified to both subsections of the case, relating he reviewed mileage for all the “department heads” who used personal vehicles for county business. In her expense submissions, he said Dohner appeared to have a “significant mileage trip” at least once a month. He indicated that a Jan. 19, 2006 trip to Harrisburg stood out to him.

According to him, he attended a safety committee meeting in Clearfield, and the defendant was also present. He discussed the validity of the trip with her at which time she claimed to have traveled to the banquet, which followed a conference, after their earlier meeting. She told Read that her husband traveled to Harrisburg with her.

Read told the jury that Dohner’s husband was employed by the Lawrence Township Police Department and frequently worked a 3 – 11 p.m. shift. He called and inquired about his schedule for the date in question. He learned that their records confirmed that he was on duty, logging in shortly after 3 p.m. and out shortly after 11 p.m.

Read said he was in the defendant’s office after her termination from CYFS. In her desk, he found two cellophane packages with thank-you cards. He said they appeared to be “generic,” store-bought cards. He indicated he didn’t remove anything from her desk and only took a datebook at the request of Dohner’s attorney.

Cpl. Gary Simler of the Pennsylvania State Police was assigned to investigate the case while stationed at the Clearfield barracks. He obtained the original thank-you cards from Dohner, who had turned them over to the commonwealth. They were then secured into evidence by the state police and sent to the crime lab in Harrisburg.

During his questioning, Reeder displayed four thank-you cards for the jury. Simler confirmed they were signed from the Red Cross in June 2005, Community Action in February 2005, SPCA in March 2005 and the Cancer Society in August 2005.

Under cross-examination, Simler explained the defendant turned the thank-you cards over to the attorney general’s office. He said he first saw these originals sometime in April 2007 in Harrisburg. He confirmed that six cards had been turned in.

Defense attorney Lance Marshall pursued information from Simler about the other two thank-you cards. He testified those cards thanked CYFS for a care package sent to a military division in Iraq and for a gift basket of candy. All six were sent to the crime lab, he said.

Simler was recalled to the stand following the testimony of several other witnesses.  He indicated he was assigned the case around March 30, 2006 and accessed Dohner’s office. Inside her desk, he observed two, cellophane packages of thank-you cards.

According to him, one package, which had two cats on the front, was already opened. He said the other package had cards with a rainbow on the cover and was still sealed.

Simler also testified that he received a spreadsheet of the various trips that Dohner had submitted on her mileage expense sheet. He indicated they all matched up with the exception of a trip to Pittsburgh, which was disallowed by the commissioners.

Under cross-examination, Marshall pressed him about the defendant’s trips to the Sarah Reed Children’s Center in Erie. He contacted the center and was told there was no record of her being present in any sign-in book or caseworker notes.

When asked if he reviewed the circumstances of all of Dohner’s trips, Simler said he focused on those pointed out by the commissioners. He said he would have also focused on trips of significant mileage. He explained that when inquiring about alleged trips, he gave representatives at those destinations a time span from which to work with. He told the jury records still came up empty.

Trooper William Mostyn, a criminal investigator with the Clearfield-based State Police, collected handwriting samples from Dohner. He said the defendant produced samples on two, different occasions, and these were of the exact word-for-word handwriting found in the alleged thank-you cards. He said her samples were eventually sent for analysis to the crime lab in Harrisburg.

Sgt. Gerhard Wendt, of the Harrisburg Crime Lab, was recognized as an expert in the area of questioned document analysis. From his analysis, he concluded that Dohner wrote the handwritten text inside the alleged thank-you to be from the SPCA.

Wendt said he also came to two other conclusions, including that Dohner was capable of the handwritten text in the alleged thank-you cards to be from Community Action, the Red Cross, the Cancer Society and a military division.

Wendt indicated he found a “lack of similarities” in the handwriting inside the thank-you for the candy gift basket. However, he said he wasn’t saying that Dohner did or didn’t write this specific thank-you. He said he didn’t prepare any analysis of dissimilarities.

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