– Dick Mason

The Observer

Thursday was the first day of the rest of Lyle Mann’s life.

And one of his best days.

Mann, the former Union-Baker Education Service District administrator who faced 8-count and 37-count indictments on charges ranging from racketeering to theft, public misconduct and tampering with public records, was found not guilty on all counts.

A 12-person jury arrived at its not-guilty verdicts after deliberating for about 3 1/2 hours. Circuit Court Judge Russ West read the verdicts to the court around 3:30 p.m.

Mann collapsed after the first verdict was read. He got back up with help from his defense team. West continued reading the verdicts after Mann assured the judge he was fine.

West asked that there be no displays of emotion while he was reading the verdicts, and there were none. Emotions poured out among Mann’s family and friends minutes later in the courtroom. Tears of joy and relief were shed and hugs given.

"I want to thank everyone in the community for their prayers and the jurors for their commitment to justice,” said Iris Mann, Lyle’s wife.

Lyle Mann, 54, also thanked the community, his attorney, Wes Williams, and the jury.

"The jury saw through everything to the truth,” Mann said.

The 37-count indictment Mann faced charged him with one count of racketeering, a class A felony, and 36 counts of tampering with public records. The eight-count indictment charged Mann with one count of first-degree theft, a class C felony; two counts of second-degree theft, a class A misdemeanor and four counts of official misconduct, a class A misdemeanor.

Mann worked for the ESD from 1989 until he was fired in late 2004. He was terminated after a forensic audit by the Pendleton CPA firm of Dickey and Tremper found extensive fraud in the ESD.

Mann was the ESD’s professional technical director and head of its alternative school program. The ESD’s alternative school program grew dramatically during Mann’s tenure. By 2004 the ESD had at least 15 alternative school sites and was providing educational services at five corrections facilities. The ESD operated programs at sites ranging from Nyssa to Florence. Mann drove 91,246 miles in 2001-02 and 2002-03 administering these programs, Williams said.

The prosecution charged that Mann sometimes filled out travel reimbursement forms for trips he had not taken.

Michael Slauson, assistant attorney general and special deputy district attorney for Union County, presented evidence he claimed indicated fraud, including cell phone billing records.

Williams contended that the cell phone records cited by the prosecution were not an accurate indication of where Mann was when he made the calls. He told the jury that cell phone records do not provide accurate information on where someone is when making a call. Williams said cell tower location records are what are needed to accurately show where someone is while making a call.

He tried to obtain these records for Mann’s case, but said they were not available.

In another issue, Slauson told the jury that Mann had an employee working under him fill out false travel reimbursement forms to get money to pay for alcohol and meals for school district officials. The meals were provided to officials with school districts the ESD had contracts with or was trying to get contracts with.

Slauson told jurors Mann had asked the individual to pay for the expense of taking administrators to these meals. However, he could not afford them, thus Mann told the ESD employee to file false travel reimbursement forms to get the needed money.

An individual, granted immunity from prosecution by the state, testified that Mann instructed him to do this. The individual was one of four people who testified against Mann after being granted immunity by the state.

Slauson had no comment on the verdict after the trial.

Stephanie Soden, spokeswoman for the Department of Justice in Salem, said this morning it is too early to determine if the state will file an appeal.

"We understand the jury made its decision, and we are disappointed,” Soden said.

Williams emphasized during the trial that Mann was a hard-working administrator who was being charged with crimes in part because he overlooked details while submitting reimbursement forms for travel expenses.

Williams said Mann traveled so much that it was easy for him to make mistakes. Mann sometimes filed travel reimbursement forms for trips he did not take and forgot to file for several trips he did make, the attorney said.

The defense attorney said the net result was that the ESD benefited from Mann’s mistakes because he filed for $360 less in travel reimbursement in 2001-02 and 2002-03 than he was owed due to his record-keeping mistakes.

Williams said Mann made 424 recorded trips in 2001-02 and 2002-03 and made mistakes on only seven of them when filling out reimbursement forms. The reason in each case was that Mann had relied on what he had written in his day planner when filling out reimbursement forms. In instances when Mann diverted from the schedule in his day planner, mistakes were made.

"The key was Lyle’s intent. This (the day planner) showed Lyle’s intent,” Williams said.

Williams wanted the jury to be able to look at the day planner in the deliberation room but said he was not allowed to do this.

Mann’s trial began June 20, almost two years after Mann was indicted Aug. 4, 2005, by a Union County grand jury.

Williams said Thursday’s verdict was true justice.

"Lyle Mann was truly not guilty. I applaud the jury for being patient and listening carefully to the evidence,” Williams said. "I hope Lyle will now be able to get on with his life.”

Mann joined the ESD in 1989 after coming to Union County from Yamhill-Carlton High School, where he taught 11 years.

Williams, who earlier taught school for eight years, would like to see Mann regain his teaching certificate so he "can pursue his life’s work.”

"He is truly the most dedicated educator I have ever met,” Williams said.