By MATT MILNER Courier staff writer
August 07, 2008 11:22 am
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CENTERVILLE — The Centerville businessman and city council member accused of food stamp fraud won’t go on trial anytime soon.
Federal prosecutors allege Kris Koestner, 61, allowed customers at J&K Market to purchase unapproved items with food stamps, trade their food stamps for cash, and establish credit accounts repaid with their food stamps. Koestner owns the grocery store, which his father founded.
Koestner’s arraignment in federal court in Des Moines took place Wednesday. The judge immediately granted him a continuance for the trial, an unusual move. Trial dates are typically set at the arraignment.
Magistrate Judge Ross Walters pointed to the complexity of the case against Koestner.
“The parties are in agreement that this is a document-laden case which will require more than the ordinary amount of time for adequate review and preparation,” Walters wrote.
The decision, which was unopposed by the prosecution, pushes Koestner’s trial back by at least three months. The next trial period begins Sept. 29. Walters’ decision pushes the start back to Dec. 2, and it could be later if attorneys seek further delays.
Wednesday’s decision does not mean Koestner waived his right to a speedy trial, despite the fact that the defense asked for the continuance. Walters specifically ordered the delay “shall constitute excludable time under the Speedy Trial Act.”
Koestner faces nine counts of food stamp fraud and three counts of witness tampering. The tampering charges allege Koestner told two people to lie to law enforcement and attempted to pay one of them $600 to cover up the fraud.
This is not the first time the federal government has questioned Koestner’s use of food stamps at his store. The indictment shows he was disqualified for six months beginning in December 1996 for unspecified violations of the program’s rules.
Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com
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