Fearing negative publicity and difficulty in securing an impartial jury, the attorney for former Marathon City Councilman Dan Zieg and his domestic partner, City Clerk Diane Clavier, who were arrested three years ago on second-degree petit theft charges for allegedly stealing a sign belonging to former City Councilman Mark Senmartin, reached a plea deal Monday with the State Attorney’s Office.
State Attorney Dennis Ward has been eager to close this case, which was expected to go to trial this week. The plea hearing took place Monday, Jan. 23, where both defendants pleaded no contest to the charges.
The pleas included the conditions that Judge James W. Morgan III withhold adjudication and that the defendants each pay $250 for prosecution costs, $223 for court costs and provide restitution to Senmartin. It’s also possible the two may provide an apology letter to Senmartin, said Ward.
Attorney for the defendants, William John Heffernan Jr., presented Morgan with plea documents and checks to cover fees. After Zieg and Clavier were sworn in, Morgan addressed each individually, confirming they entered the plea freely and voluntarily, had 30 days to appeal, were satisfied with the plea and understood the maximum penalty — 60 days in jail and a $500 fine — would be in play should they change their pleas to not guilty and proceed to trial.
Withholding adjudication of guilt is a sentence where a judge can order fines, community service, probation and other consequences, but does not formally convict the defendant of a criminal offense. However, the ruling does place the charge and plea on Zieg and Clavier’s respective records.
State prosecutor Joe Mansfield, who represented the Monroe County State Attorney’s Office at the hearing, said by phone that Zieg and Clavier were initially offered a diversion program — for those who admit their offense and take responsibility for it — three years ago after the sign incident occurred, which would have resulted in the charges being dismissed. The couple rejected that offer at the time.
Heffernan filed his most recent motion in December to dismiss the case as being political in nature, maintaining that Clavier, as a city employee, was within her job responsibilities to remove Senmartin’s sign because it did not contain the proper political disclosure wording and was out in public 10 days after the 2019 election. Ward, however, viewed the incident as theft of Senmartin’s property.
Senmartin maintains that the sign, which had the wording “Drop Doc Zieg,” was not a campaign sign. He likened it to a “generic” bumper sticker showing support for or against any type of personal sentiment.
Senmartin attended the hearing Monday and said afterwards he was satisfied with the outcome, although he feels the incident was purely personal in nature, since he and Zieg often clashed over city issues while both served.
Shortly after the incident, Senmartin said he offered the couple the opportunity to return the sign to avoid charges. When they ignored his request, he contacted the Monroe County Sheriff’s Office to report the theft. He added that neither ever gave him a reason for taking the sign and dumping it at City Hall.
