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| 7/29/2010 10:38:00 AM | Email this article • Print this article | Berlowitz trial date reset
A new court date has been set for Seward City Administrator Dan Berlowitz.
The trial is now scheduled to begin Thursday, Nov. 4, with jury selection starting at 8:30 a.m. in the Seward District Court room on the third floor of the courthouse.
Because Berlowitz has demanded a jury trial, the case will be heard before York County Court Judge Curtis Evans. Seward County Court Judge Gerald Rouse recused himself from hearing the case July 9 because of a conflict of interest.
Julie Tucker, deputy clerk of the district court, will draw a list of 65 potential jurors to be considered. Jacque Stewart, clerk of the district court, is married to City Councilman David Stewart, and Kirk Naylor, Berlowitz's attorney, said he would be more comfortable if Stewart's juror list is not used.
Berlowitz pleaded not guilty April 7 to one count of abuse of public records. The offense is a Class II misdemeanor, which carries a maximum penalty of six months in prison, a $1,000 fine or both.
In April of 2009, the Seward City Council raised questions about Berlowitz's contract. At that time, Councilman Sid Kamprath asked about two copies of the document with different dates (1999 and 2006) but apparently identical signatures.
The charge filed contends that Berlowitz "did make, present, or use any record, document, or thing, knowing it to be false, and with the intention that it be taken as a genuine part of the public record."
Seward Mayor Roger Glawatz said the document dated 2006 was being used to make changes to the contract and was to be presented to the council for approval at a later date.
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