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Published July 03, 2009 09:31 pm -

Another delay in Koestner case
Court papers reveal Koestner’s heart attack as the reason for the delay

By MATT MILNER Courier staff writer

CENTERVILLE — The latest continuance in the federal case against Kris Koestner raises some of the same issues present since the case began. But there are also indications Koestner’s physical condition could play a role in the case.

Koestner faces nine counts of food stamp fraud and three counts of witness tampering. The charges could force him to forfeit J&K Market, the grocery store he runs in Centerville.

Previous court papers revealed that Koestner, 62, suffered a heart attack which delayed preparations for his trial. That could impact whether Koestner faces a trial at all, since defendants in U.S. courts must be able to assist in their defense.

Judge Robert Pratt’s order pushing Koestner’s trial to August 31 cites multiple justifications, including “proceedings to determine competency,” suggesting the court has concerns.

Other reasons outlined by Pratt have become standard in the case. The court immediately continued the trial after Koestner’s 2008 arraignment, citing the complexity of the case. That concern reasserts itself in Pratt’s ruling, along with ongoing discussions of a possible plea agreement.

Authorities say Koestner violated the rules for food stamp use multiple times, allowing customers to use the program to settle credit accounts at his store and purchase banned items like alcohol and cigarettes. Investigators raided the store in April 2008.

Prosecutors also allege Koestner tried to convince witnesses to alter their statements to investigators.

This is not the first time officials have expressed concerns about how Koestner participated in the food stamp program. The original indictment said Koestner was warned about improper use of food stamps in 1987 and 1988. J&K Market was also suspended from the program for six months in December 1996.

Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com



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