Former Congresswoman Enid Greene is not surprised that she will not be called to testify during the courtroom battle between Rep. Merrill Cook and his 1996 campaign consultant, R.T. Nielson, over almost $200,000 of allegedly unpaid bills.
"My personal dealings with both Merrill Cook and Ron Nielson have led me to believe that they are both dishonest," Greene told the Deseret News Thursday. "Between the two of them, I couldn't tell you which is telling the truth, so I'm not surprised that neither of them called me as a witness even though I had very similar dealings with Ron in the past."
Greene's legal battles with Nielson, who worked for a short period for her failed 1992 2nd District bid, took center stage Wednesday during day three of the two-week Nielson vs. Cook trial in 3rd District Court. Greene defeated Cook for the congressional seat in 1994, and Cook took her place in 1996 after she chose to not seek re-election.
Greene did not seek re-election in 1996 after her ex-husband, Joe Waldholtz, illegally funneled $4 million from her father into her campaign fund. Greene said she did not know of the transactions.
An eight-member jury is currently hearing excruciating detail about Nielson's dealings with Cook over the year-long campaign that led to Cook's first victory. Nielson says Cook still owes him $193,992, but Cook has counter-sued, arguing Nielson overcharged him several thousand dollars.
On Wednesday, Nielson testified that he'd worked for Greene's failed 1992 2nd District campaign but agreed to leave at her request.
"She was very upset at how I was questioning what was going on," Nielson said. He also said that he had torn ankle ligaments during a fall at her house, later the cause of an Industrial Commission lawsuit against her.
During cross-examination, Cook's attorneys questioned Nielson about another lawsuit he filed against Greene over allegedly unpaid fees.
"When I left the campaign, she owed me some money, but that was not the basis for me leaving," Nielson said. Rather, he left due to "insurmountable differences" over "how she was financing the campaign and spending the money."
"I, in effect, fired him," Greene said. Nielson "had drastically overspent a budget that we had agreed on, in a very short period of time. I dismissed him, and he turned around and sued me."
The personal injury lawsuit, which was settled in court, focused on whether Nielson was an employee or an independent contractor, Greene said. "The court concluded that he was an employee."
The other lawsuit was based on their understanding that if her campaign proved successful during the state Republican convention, that Nielson would get a bonus, she said.
"I had to fire him a couple of months before that convention took place, but he turned around and said he was still entitled to that bonus," Green said. "He and his lawyer were making demands at a sensitive time before the campaign."
The lawsuit was settled for a "fairly minimal" amount under a confidentiality agreement after her attorneys advised her it would be less expensive and less damaging.
With regard to Cook, Greene said that during the transition period after he was elected, she confronted him about things he was saying about her.
"He was being asked various questions by the media, and he was making things up," Greene said.
"I'm glad I'm not being called to testify," she added. "If I was asked on the stand if either of these men were honest, I'd have to say no."