Aviva suspects will be tried together, judge says
August 12, 2010 by Tom Witosky
Aviva suspects will be tried
together, judge says
By TOM WITOSKY • twitosky@dmreg.com •
August 12, 2010
Marla Stevens will be tried at the same time as her spouse, Phyllis, on charges stemming from the alleged embezzlement of nearly $6 million from Aviva USA, a federal judge ruled Wednesday.
U.S. Senior Judge Ronald Longstaff rejected a request by Marla Stevens’ lawyer, Trever Hook, that his client be given a separate trial. Hook had argued that Marla Stevens could not get a fair trial because Phyllis Stevens intends to use an insanity plea in her defense.
Phyllis Stevens has been diagnosed as having dissociative identity disorder, more commonly known as multipersonality disorder. She is expected
to claim that the disorder kept her from understanding the nature and quality or wrongfulness of her acts.
The two women are scheduled to go on trial on Sept. 20 in U.S. District Court in Des Moines.
Phyllis Stevens, 59, faces up to 319 years in prison and $5.5 million in fines for allegedly embezzling $5.9 million from Aviva while employed with the
West Des Moines company from 2004 to 2009. She faces a 20-count indictment alleging money laundering, wire fraud, identity theft and computer fraud.
Marla Stevens, 58, is charged with conspiring and spending money stolen from Aviva. She faces a maximum penalty of 50 years in prison and $1.2
million in fines, if convicted.
In rejecting the motion for two trials, Longstaff said no specific reason was presented to justify separate trials for the two women, despite claims that Phyllis Stevens’ insanity defense would imperil Marla Stevens’ planned defense.
“Marla has failed to set forth a specific reason as to why her particular defense is so antagonistic to or inconsistent with Phyllis’ insanity defense that she
will be unable to get a fair trial,” Longstaff ruled.
His ruling marked the second time he has rejected significant motions by defense attorneys. Last month, Longstaff determined that Phyllis Stevenswas competent to stand trial despite her claims that the disorder would keep her from helping with her defense.