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Wife: Incapacitated meant unavailable
Woman testifies in defense of cashing out husband's assets and selling their home while he was serving in Iraq.
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Dana Kieser never told anyone that her husband was physically disabled, mentally incompetent or otherwise incapacitated before using his power-of-attorney to cash out his retirement and college savings accounts.
"Just that he was in Iraq," she said in court Wednesday. "I believed 'incapacitated' meant he was unavailable."
John Kieser, a staff sergeant with the Minnesota National Guard, was on a 15-month tour of duty in Iraq when his wife withdrew almost $25,000 from his IRA and 529 plans, bought a home in Fargo, N.D., and sold their home in Maplewood.
Dana Kieser is on trial in Ramsey County District Court on two counts of check forgery. She testified Wednesday and told her side of the story.
Under questioning from her attorney, Ken Kohler, she said she and her husband had discussed selling their Maplewood home and moving to Fargo. She said she updated him on her search for a house during phone calls and in e-mails, but was unable to produce the e-mails, which she said she could not retrieve from her computer.
John Kieser testified Tuesday that he gave his wife a limited power-of-attorney and a list of his assets in the event he was injured in Iraq and was in a coma. He said he didn't know his wife had sold their home and moved to Fargo with their two young sons until late November when his brother sent him an e-mail containing a real estate ad.
He contacted Maplewood police in late December and then learned that his accounts had been cashed out and closed. After the complaints to the police, Dana Kieser filed for divorce from her husband.
Dana Kieser testified that she didn't read the power-of-attorney document or the affidavit that activated it and didn't discuss it with an attorney.
"I trusted my husband," she said. "I didn't think there was a reason to go behind his back and seek legal advice."
She said two Realtors, two banks, two title companies and her divorce attorney all saw the power-of-attorney and didn't question it.
Dana Kieser was the only defense witness. When Kohler rested his case, prosecutor Laura Rosenthal recalled John Kieser as a rebuttal witness.
"While you were over in Iraq, did you have any discussions with the defendant about selling your home in Maplewood?" Rosenthal asked.
"No, I did not," he replied.
"Did you have any conversation whatsoever about your power-of-attorney and her ability to access your accounts?"
"No, I did not."
"Did you give her specific permission to access [your accounts]?"
"No, I did not."
Judge James H. Clark Jr. told jurors they would hear closing arguments Friday and then start deliberating.
Pat Pheifer • 651-298-1551
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