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Mistrial declared in trial of Arvin city manager

By JOE JOHNSON, The Hanford Sentinel | Thursday, Mar 27 2008 11:24 AM

Last Updated: Monday, Mar 31 2008 11:20 AM

The trial of Arvin City Manager Alan Christensen ended in a mistrial on Wednesday afternoon when a jury could not reach a verdict after more than four hours of deliberation.

“Things got really heated in there at times,” said juror Lori Wilke, a commodity trader. “We didn’t agree on some things from the very beginning.

"In my line of work, you really look at the letters of the words in legal matters like this and I don’t think his actions technically fit the description of the crime. He definitely did something wrong, but we just couldn’t agree on some of the charges.”

Judge Timothy Buckley confirmed that the case has been reset for further proceedings, and that the entire matter may be retried.

Christensen will return to court in late April for another pretrial hearing, where both sides will determine whether or not a different resolution can be reached.

“There is certainly a possibility of another trial, but this is a process and it has to be followed,” said Carl Faller, Christensen’s defense attorney. “We are disappointed that this wasn’t concluded with an outright acquittal; however, the division between the jurors clearly shows that there are significant issues that need to be addressed before another trial.”

Christensen was being tried in Kings County Superior Court on charges of misdemeanor fraud and grand theft stemming from his December 2006 move to the city of Hanford to be city manager there and an alleged forgery of documents related to the expenses.

Christensen is now city manager of Arvin.

The jury was reportedly split with nine people supporting a guilty verdict and three people opposing it.

Outside court, Christensen said that he was filled with “mixed emotions” about the mistrial, saying that “I’m happy it’s not a conviction, but it’s not over with, either.”

Charges allege that Christensen committed misdemeanor forgery fraud and grand theft by false pretenses during his December 2006 move from Bakersfield to Hanford when he apparently altered documents pertaining to his reimbursement for moving expenses at the time.

Christensen was asked by the city to provide three potential moving bids from different sources and accept the lowest one for reimbursement.

During an interview with agents from the Department of Justice months later, Christensen admitted that he thought he waited too long to accept the lowest bid in time before escrow closed on his Bakersfield home, and changed the numbers submitted to the city.

“This was never about the money,” Faller said to the jury before deliberations began Wednesday morning. “There is absolutely no evidence that when Mr. Christensen made the decision to change the documents, that it was done to gain more money. This was about moving his family, that was the whole point. There was no intent to defraud, no stealing, none of these were motivating factors. There has to be intent to defraud for this to be a crime, but it was never about the money.

“This was an impulsive move with tremendous consequences, but it was not a crime then, it was not a crime yesterday, and it is not a crime today.”

The difference between the two bids was $1,100, which Christensen would later pay back to the city when allegations of his actions came to light.

However, Christensen was only reimbursed the exact amount he paid to Galbraith Van & Storage for the move: $8,100.

“The key difference here is that of the truth and a lie,” Prosecutor Michael Reinhart said on Wednesday. “If Mr. Christensen had told the truth about the bids, the city would have looked at it and wouldn’t have paid for the Galbraith amount. They would have gone with the lower amount submitted by Allied Van Lines.

“But the city didn’t know they were being lied to, they didn’t know their trust had been breached. They relied on him, that much is clear, and he lied to their faces.”

The trial lasted for three days, bringing to the stand numerous city officials including City Clerk Karen Madruga, City Finance Director Tom Dibble and Deputy City Managers Mary Lindsay and Tom Haglund.

If convicted, Christensen could serve up to one year in county jail and potentially lose his job as city manager in Arvin.

The reporter can be reached at 583-2425.