Nebraska AG’s office attempts to revive its prosecution of former history agency head

LINCOLN — The Nebraska Attorney General’s Office, in a 50-page brief filed Tuesday, argues that its felony prosecution of the former director of History Nebraska was wrongly dismissed by the Nebraska Court of Appeals.

Meanwhile, attorneys for Trevor Jones, who resigned the $164,800-a-year job in 2022, filed their own brief with the Nebraska Supreme Court maintaining that the AG’s office had errored in trying to appeal the discharge.

The competing court briefs are the latest chapter in an on-again, off-again prosecution of Jones. He was alleged to have committed theft by deception for redirecting $270,000 in funds provided by the private Nebraska State Historical Society Foundation to a competing foundation he had set up.

The funds were intended to cover expected operating losses by the Nebraska State Historical Society during the COVID-19 pandemic, and state auditors maintained the funds should have been deposited with the State Treasurer, not another foundation.

Theft by deception is punishable by up to 20 years in prison.

But the state’s prosecution of the case was first dismissed by a Lancaster County District Court Judge for violating Jones’ right to a speedy trial. A later appeal was discharged by the State Court of Appeals for not following proper court procedures.

The Attorney General’s Office, in a brief written by Principal Deputy Solicitor General Zachary Viglianco, argued that Appeals Court Judge Frankie Moore had misapplied past court precedent in dismissing the state’s appeal for lack of jurisdiction.

Viglianco maintained that the AG’s office had followed proper procedure in appealing the judge’s ruling, which it argued was a “special proceeding” that is “inherently” a civil matter, thus allowing an appeal.

But Jones’ attorneys have contended and repeated in the brief Tuesday that the discharge was a “criminal” matter, and, by rule, the Attorney General’s Office had no right to appeal a final ruling of a “substantial right” — a speedy trial.

The Attorney General’s Office filed the criminal charge in December 2023 against Jones, who had served six years at chief of the agency, which he had rebranded as “History Nebraska.” The name change was reversed by Gov. Jim Pillen.

Jones resigned in 2022 — saying he wanted to travel in Europe — shortly before a state audit came out that was critical of the redirection of the funds.

It was uncertain when the Nebraska Supreme Court might schedule oral arguments and rule on the appeal.