Former sheriff's candidate claims fraud charge intended to nix election

By John Grant Emeigh - 01/09/2009

A former candidate for Butte-Silver Bow sheriff accused of insurance fraud claims the charge against him was made up in order for him to lose the election.

Ben Thielen plans to call witnesses to his criminal trial set for later this month who he claims will vouch that the fraud charge was made up to thwart his election chances.

In a motion filed this week in Butte district court, Thielen alleges his ex-wife and her lawyer "concocted" allegations against him during their divorce hearing in 2007. The motion was filed by Thielen's lawyer, Palmer Hoovestal of Helena.

Thielen plans to call his ex-wife, Anne Mattioli, and her lawyer, Ben Everett, to testify to making up this fraud allegation, according to the motion.

Thielen, a Butte bail bondsman, pleaded not guilty in November to a felony insurance fraud charge. Roberta Cross Guns, the special deputy Butte-Silver Bow county attorney assigned to the case, filed the theft charge on Oct. 24. Incumbent Sheriff John Walsh defeated Thielen in the general election just over a week later on Nov. 4.

When reached by The Montana Standard Friday, Everett didn't want to comment on Thielen's accusation that he attempted to prevent Thielen from being elected.

"I look forward to being called as a witness in his criminal trial," Everett added.

Thielen didn't want to comment on the motion this week adding that it was too close to his criminal trial. His trial is set for Jan. 26 at 9 a.m. before Judge Kurt Krueger.

The charge against Thielen alleges he filed a false insurance claim over items he said were stolen in 2006.

Reporter John Grant Emeigh may be reached via e-mail at john.emeigh@lee.net or by telephone, 496-5511.