Jury deliberations begin during Hoyman trial

By Paige Godden;

Jury deliberations began Thursday afternoon after closing arguments were made in the trial of former Indianola city attorney John Hoyman.

Hoyman is charged with theft and fraudulent practice after allegedly over billing the city of Indianola by more than $90,000 and using false names on documents. The judge acquitted Hoyman of a third charge of felonious misconduct in office Wednesday after determining that the state had failed to prove that Hoyman was a “public officer” under the law.

During the fourth day of the trial Robert Sand, the attorney who represents the state, led closing arguments.

Sand said Hoyman should be found guilty of theft and fraudulent practice because he knowingly submitted false documents to the city of Indianola.

“No one gave him permission to make up names, use false names or make up more trials than what existed,” Sand said. “Yes, he did his job. No, that’s not why we’re here.”

He said the crime was a crime of opportunity.

“He knew that nobody in the city was specifically reviewing his prosecution charges,” Sand said. “It’s a great opportunity for him to bill more than what he actually did.”

Sand said the crime might actually be the perfect crime because the state can’t prove without any doubt that Hoyman billed for more hours than he worked.

He said he can’t prove that because Hoyman is the only person who knows how many hours he worked.

“The defendant’s reputation is strong,” Sand said. “He’s generally truthful. He’s generally honest. That’s not enough.”

Hoyman’s attorney, Mark Weinhardt, said since the state can’t prove what hours Hoyman billed for he should be found not guilty.

“The state, in this case, did not prove very much and it did not take very long to do it,” Weinhardt said.

He said the state proved that Hoyman used the wrong names on documents, which is something Hoyman freely admitted to long before the trial began.

What the state failed to prove, Weinhardt said, is that John Hoyman stole from the city of Indianola.

He said the state did not prove that Hoyman billed for more work than he actually did.

“You must be firmly convinced of John Hoyman’s guilt and you will not be,” Weinhardt said.

The jury will deliberate until it agrees on verdicts on both charges.