Former state representative testifies in Malcolm Price Lab School tampering records trial

WATERLOO, Iowa – Former state representative Kerry Burt told jurors Thursday a principal at Malcolm Price Lab School all he needed was an address on a form.

Burt, 46, of Waterloo, is charged with four courts of misdemeanor tampering with records for allegedly using a Cedar Falls address to sign up his son and daughter for Price Lab in 2007 and 2008.

In the third day of trial Thursday, Burt took the stand in his own defense. He identified Dave Smith as the person who consulted with him when he tried to register his son at Price Lab in 2001. At the time, Smith was a principal at the high school. He was later appointed to the director of the school.

“He said ‘you need an address on this form that's inside this zone,'” Burt told jurors. He said he was unable to find homes for sale in the area. That's when he talked to Smith about his niece who attended the school and lived in the zone. Later that day, he got permission from the niece's mother to use the address, filled it in on the form and handed it to Smith.

“He shook my hand, and I left,” Burt said.

During cross-examination, Assistant Attorney General Scott Brown asked Burt if he used the false address to conceal the fact he wasn't following the school's policy of living in the residency zone.

“I followed the practice and procedure that had been going on for a long time,” Burt replied.

The defense has a final witness scheduled for Friday, and if there's no rebuttal witnesses by the state, closings could start in the morning.