Trial delayed to March for county commissioner accused of theft
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January 23, 2020
An Antelope County commissioner, who was set to face a jury of his peers in the Antelope County courtroom this month, more than a year after the alleged theft of county property, had his trial continued when he faced the Honorable Donna Taylor last week.
Eli Jacob, 66, of Clearwater, who is accused of taking a furnace from the Orchard county barn Jan. 1, 2019, appeared Jan. 15 for a pretrial hearing in the case.
Madison County Attorney Joseph Smith, as special prosecutor for Antelope County, told Taylor he now anticipates a two- to four-day trial with “a lot of witnesses.” He said one anticipated defense motion will involve four witnesses traveling from Lincoln.
The continuance was requested by Jacob’s attorney, Jason Doele of Norfolk, who cited new evidence received from the county attorney the previous day.
Both sides filed progression reports last week, listing potential witnesses and evidence.
Smith told Taylor, in October, he expected complications in seating a jury and suggested a larger than normal pool of potential jurors. Taylor set March 5 as a hearing date to check on jury summons.
She rescheduled the trial for March 27 and March 30, with March 31 reserved if a third day is needed, and scheduled a final pretrial hearing for March 4, at which time a motion in limine and any other motions filed may be heard.
An investigation was conducted by the Nebraska State Patrol after the allegations were reported last winter. The county commissioners voted at their Feb. 12 meeting, unanimously (including the defendant), to engage Woods & Aitken LLC to conduct an independent investigation.
Charges were filed by Smith at the conclusion of the investigation. Jacob pleaded not guilty March 6, 2019. The case was continued each subsequent month, until he faced Taylor in October, when the trial date was set for this month.
Jacob had been employed by the county road department for 10 years, beginning in March 2009. He was elected to the board of commissioners in November 2016, taking office in January 2017, serving District 2 that includes the Orchard road department barn.
Prior to his taking the oath of office, members of what was then the board of supervisors questioned Pam Bourne with the Nebraska Intergovernmental Risk Management Agency regarding his status as a road employee. At that time, Bourne advised she knew of no reason his employment would have to be terminated when he took office.
His employment with the road department was terminated by the board of commissioners following an executive session May 7, 2019, with no reason made public.
He retains his position as a commissioner.
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