WAVERLY -- A councilman convicted of fourth-degree theft for writing a bad check says he intends to appeal the judge's ruling in the case.

Duane Liddle, 56, earlier this year entered an Alford plea to the serious misdemeanor, according to court records. By entering an Alford plea, he admitted no wrongdoing but acknowledged a strong possibility existed he would be convicted if the matter went to trial.

Liddle said Monday he entered the plea expecting to receive a deferred judgment for an incident that began in 2006. Such a judgment would mean the conviction would be wiped from Liddle's record if he avoids additional legal trouble.

Instead, Judge Richard Gleason said the crime "does not seem particularly out of character for the defendant" and that other behavior "displays a general lack of honesty," according to court documents filed April 8 in Dubuque County District Court.

Liddle said his case suffered from an inexperienced lawyer, adding he is consulting additional legal counsel regarding an appeal. Liddle also said he has a private investigator looking into the incidents that led to the initial charge, which was more serious. Authorities first charged Liddle with first-degree theft, a Class C felony.

The court ordered Liddle to pay about $21,700 in fines, surcharges, victim restitution and other costs.

Monday, Liddle said the amount, particularly more than $19,600 for victim restitution, is unjustifiably high.

The councilman said he feels support from some in the community but is also concerned about his reputation.

"What I have now is a charge that says I'm guilty," Liddle said. "That matters a great deal to me."

According to court documents, Liddle wrote a check for more than $45,900 to Richardson Motors for a 2006 Cadillac from an account linked to his company, JRM Dal, but the check bounced. Authorities alleged attempts to recover the payment proved unsuccessful.

The car was impounded Sept. 13 and a warrant was issued for Liddle's arrest a month later.

Liddle said the reason he didn't return the car immediately was because he suspected engine problems and wanted to work something out with the company. Liddle also said someone else is responsible for the lack of funds in his account.

Judge Gleason, however, wrote Liddle "avoided the return of the Cadillac to Richardson Motors even after he knew the account was empty." Gleason added that Liddle sold cars secured by Security State Bank in Waverly, which prompted bank officials to sue in civil court.

The judge suspended jail time but ordered Liddle to serve 24 months of probation.

Liddle also faced legal problems in Chickasaw County. Authorities charged Liddle with second-degree theft after he allegedly wrote a $3,200 check to Francis Drewelow of New Hampton from the JRM Dal account. That check also bounced.

Authorities dismissed that charge in 2007, but required Liddle to complete 33 hours of community service and to pay $3,200 in restitution.

Related to that incident is a case involving Peggy Drewelow, 45, Francis Drewelow's daughter and an acquaintance of Liddle. Peggy Drewelow received a five-year suspended prison sentence last year after pleading guilty to theft charges in four counties.

Drewelow wrote several checks worth thousands of dollars at jewelry stores in Chickasaw, Linn, Fayette and Bremer counties. The checks were from a bank account registered to a company owned by Liddle, according to court documents.

City's viewpoint

Gerald Carney, city attorney for Waverly, addressed questions recently about Liddle's standing as a member of the City Council. In a document to the mayor and council, Carney advised against seeking Liddle's removal from office, citing no justification under state and city code.

"He was not convicted of a felony. His offense was not related to his official duties and did not constitute willful misconduct or maladministration in office," Carney wrote in the memo.

Carney is under the impression the council does not intend to pursue Liddle's removal, but inquiries from some citizens suggest they may petition the City Council to do so.

Iowa Code provides substantial protection to elected officials, Carney said. The rationale is that since a majority of citizens put the person in office, it would be inappropriate for a small body, like the City Council, to remove them.

Exceptions exist, such as neglect of official duties, corruption or a felony conviction. However, these don't apply in Liddle's case, Carney said.

Under city code, council members could vacate a seat if a person was convicted of an aggravated misdemeanor.

Mayor Ike Ackerman said citizens' interest in Liddle's legal troubles has been high. In his view, the crime does not warrant removal under Iowa law.

"It's not insignificant, but it certainly isn't the stature of a felony," Ackerman said.

"I don't want to whitewash what happened," he added.

Liddle has said he has adversaries but is heartened by those in the community who feel he champions their causes. Those people, Liddle said, judge his role as an elected official by what takes place in the council chambers.

Contact Karen Heinselman at (319) 291-1581 or karen.heinselman@wcfcourier.com.