A Brisbane bookkeeper charged with swindling a widowed soldier serving in Iraq will face a jury after a judge on Thursday denied a defense motion to dismiss the case.
The former defense attorney for 65-year-old Kenneth McCall filed the motion saying there was not enough evidence to prosecute. McCall has since retained a new attorney.
Prosecutors say McCall embezzled from the widowed soldier while he fought overseas from 2006 to 2008.
Judge Lisa Novak disagreed, and the case is now set for jury trial on June 20.
McCall, a self-employed bookkeeper who was tasked with overseeing the soldier’s finances, allegedly stole more than $14,000 from his credit union account and nearly $17,000 on his credit card.
The soldier’s wife, who typically handled the finances, had died of natural causes about a year before his deployment, San Mateo County District Attorney Steve Wagstaffe said.
McCall’s former attorney, David Cohen, told The San Francisco Examiner last year that it is the accusing soldier, not his client, who is the cheat.
Cohen said the complaining witness showed “substantial credibility problems” during a preliminary hearing lasting nine months.