Woman convicted of stealing money ordered out of victim’s will

May 06--A Burlington woman charged with stealing several thousand dollars from an elderly woman she cared for has been removed from the victim's living will as part of a plea agreement aimed at keeping her out of prison.

Kerston Holly Peterson, 30, was sentenced Monday to two years in prison on a third-degree theft conviction, an aggravated misdemeanor.

However, District Judge Cynthia Danielson followed a plea agreement between prosecutors and defense attorneys granting Peterson a deferred judgement, meaning she will not have to serve jail time if she meets all requirements of her two-year probation.

Peterson and a second woman, Delores Mae LaVeine, 59, also of Burlington, were charged in April 2013 with second-degree theft and dependent adult abuse, both felonies punishable by prison terms of five years on each charge.

The two women are accused of stealing thousands of dollars from Maurine Lowe, 88, who lived with Peterson and LaVeine at different times after moving from Minnesota to Burlington in 2011.

According to court documents, investigators determined Lowe's "living will was changed from her great grandson being the beneficiary to Peterson being the beneficiary of 70 percent of her property."

As part of the plea agreement submitted to the court by Peterson's defense attorney, William Monroe, "the defendant shall disclaim any bequest from Maurine Lowe's will. She also agrees to testify truthfully against her co-defendant if needed."

LaVeine is scheduled to go on trial at 9 a.m.Sept. 23 in Des Moines County District Court on charges of second-degree theft and dependent adult abuse in connection with the case.

Robert Sand, an assistant Iowa attorney general who is prosecuting the cases, agreed to dismiss a second charge of elderly abuse filed against Peterson as part of the plea agreement.

The Iowa Attorney General's office is handling the two women's cases because there was a conflict of interest involving an employee of the county attorney's office who knew the victim.

Peterson also has agreed to pay $4,708 in restitution to the victim.

In exchange for her admission of guilt to the theft charge, prosecutors dropped the second charge of dependent adult abuse. Danielson also ordered Peterson to perform community service for a non-profit agency to "pay off" her court-appointed attorney's fees of $3,390.

The arrests of LaVeine and Peterson culminated a year-long joint investigation by the Burlington Police Department and the U.S. Postal Service in which investigators learned that for several months between October 2011 and April 2012 the women reportedly stole more than $46,000 in cash and merchandise from the woman.

Authorities said the thefts began when the elderly woman moved to Burlington in October 2011, where she resided in a rental property with LaVeine. At that time, the women hired Peterson as a housekeeper.

On February 2012, Peterson moved the woman from LaVeine's residence because she felt LaVeine "was taking advantage" of the woman financially.

During the investigation, detectives talked with the woman's family in Minnesota and determined she "had problems with her memory before she moved to Iowa in October 2011."

A doctor who later examined the elderly woman determined she "suffers from dementia/Alzheimer's disease, which is a physical disability," according to Des Moines County court records that accompanied the charges.

LaVeine is accused of using the woman's credit cards to purchase furniture and appliances, pay veterinary and utility bills, make car repairs and put a deck on a rental property she shared with the elderly woman.

The records indicate LaVeine made illegal purchases on the woman's credit cards totaling more than $19,000. She also is accused of using the woman's ATM card to withdraw approximately $18,000.

The thefts occurred between October 2011 and February 2012 when the woman was moved from the home she shared with LaVeine and into a residence she then shared with Peterson.

Detectives looked at the woman's banking records from February through May 2012, court records indicate. During that time, investigators "noticed several large purchases and ATM withdrawals" from the woman's accounts alledgedly involving Peterson.

"Detectives learned there were transactions to the State of Iowa for taxes, vehicle insurance, rent payments and several purchases that included alcoholic beverages" on the elderly woman's account.

May 2012, investigators from the Burlington police department and the postal service interviewed the elderly woman several times. They determined she "was unable to make competent decisions" on her own at that time.

LaVeine denied she used the woman's money "without her permission, but stated she would pay" the woman back for the purchases made on the woman's credit cards and ATM withdrawals.

Peterson failed to appear at designated appointments to talk with investigators about her use of money and credit cards belonging to the woman, authorities said.

The women, who were arrested in April 2013, were released on bond shortly after their arrests.

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