WILLMAR -- The jury trial scheduled for former Willmar Area Food Shelf director Victoria Eliz Tews-Burdorf has been delayed because of court scheduling conflicts.
Tews-Burdorf, 37, is accused of making $15,000 worth of unauthorized purchases to the food shelf's account. She faces five felony charges of theft in relation to purchases made between February 2003 and June 2005.
Tews-Burdorf's jury trial was scheduled to begin Tuesday but was rescheduled when a jury was called Tuesday morning for a civil case from 2005. Because the personal-injury case could not be settled before the trial, Tews-Burdorf's trial was pushed back to March.
Scheduling documents from Kandiyohi County District Court also show that Tews-Burdorf has apparently waived her right to a jury trial in favor of a court trial.
In a typical jury trial where the defendant faces felony charges, a 12-member jury is selected to decide whether or not the defendant is guilty. In a court trial, the judge decides whether or not the defendant is guilty.
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"The judge then steps into the place of the jury," said Kandiyohi County Attorney Boyd Beccue.
However, the state is still responsible for proving the crime beyond a reasonable doubt. "The burden of proof is the same for the state," Beccue said. But the court trial does offer one significant advantage for either side; instead of convincing 12 jurors, the attorney's only have to convince one judge.
Speaking hypothetically, Beccue went on to say that moving from a jury to court trial can be used as a tactical decision. But the decision to waive a jury trial lies only with the defense, and more importantly the defendant. Beccue said a defendant must clearly state on the record that he waives his right to a trial by jury or the outcome of the trial could be negated on appeal.
Tews-Burdorf is scheduled to begin her trial March 13. She has entered pleas of not guilty to each of the five felony theft charges she faces.
She first appeared in May. Since then, affidavits for restitution filed with the court allege that Tews-Burdorf is responsible for a $17,000 loss. More than $15,000 of the alleged loss is related to unauthorized charges made to Cash Wise and Cub Foods. The loss also includes $1,433.50 for an internal investigation and $171.50 for lawyer fees.
Investigation by the Willmar Police Department revealed that Tews-Burdorf allegedly charged nearly $14,000 in gift cards, groceries and other items between May 2003 and August 2005.
Further investigation by police and John Bergman, president of the board of directors for the food shelf, found that items purchased in some of the questioned transactions were not items used at the food shelf. Review of receipts showed purchases of laundry softener, dog food, hair spray, floral arrangements and magazines.
Items for the food shelf are usually purchased through bulk food providers such as Second Harvest or Sysco, according to court documents.
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Tews-Burdorf was let go from her position as director of the food shelf in August 2005.
