$88,832 Stolen—

‘Not Guilty’ Plea Entered in Public Works Theft Case

By Andrew Gorosko

A former Newtown Public Works Department employee, who is accused of embezzling $88,832 in public funds in the form of cash and checks, entered a pro forma plea of “not guilty” to a single felony charge of first degree larceny this week in Danbury Superior Court.

Attorney Eugene Riccio of Bridgeport, representing defendant Trisha Johnson, 22, of Judd Road, Southbury, on April 7 entered the “not guilty” plea on behalf of Ms Johnson before Judge Barbara N. Bellis in Courtroom 2 at the White Street courthouse. If the case proceeds to a trial, it would be a jury trial, Mr Riccio said. Ms Johnson is free on $25,000 bail.

On March 24, police arrested Ms Johnson for her alleged embezzlement of $88,832 in public funds that were sent to the Turkey Hill Road public works office to cover waste disposal fees at the town waste transfer station on Ethan Allen Road. Ms Johnson, who formerly lived on Buttonball Drive in Sandy Hook, was arraigned on the felony charge that day in court, where her bail was reduced from $100,000 to $25,000.

First-degree larceny involves the theft of money, goods, or services exceeding $10,000. It is a Class B felony, for which a conviction may result in imprisonment, fines, probation, and restitution of the loss. The theft, involving cash and several hundred checks, occurred between February 1, 2003, and January 2004, according to court documents. Ms Johnson’s motive for the theft was apparently to support a drug habit. Ms Johnson had worked as the town’s landfill administrator from September 2001 to last February 3.

Following Ms Johnson’s brief April 7 court appearance, Mr Riccio said he has entered talks with the state prosecutor on the serious charge that is pending against his client.

Mr Riccio said it is unclear whether Ms Johnson will seek “accelerated rehabilitation” status in the case.

Accelerated rehabilitation is a special form of probation for qualified first offenders, which is intended to give them a “second chance.” Accelerated rehabilitation is offered to defendants at a judge’s discretion. It is a special pretrial probation program in which a defendant does not admit guilt. Prosecution is deferred. The probation may last for up to two years. If the person who receives accelerated rehabilitation successfully completes the probation, and stays out of trouble with the law, the pending charge may then be dismissed.

In court on April 7, Mr Riccio requested and received a continuance in the case until May 14, when Ms Johnson will again be required to appear in court.

On April 21, a judge will hear motions in the case concerning the requested return of property that police seized as evidence.

Noting the seriousness of the charge pending against Ms Johnson, Mr Riccio said his talks on the pending charge with the prosecutor may take some time.

Following her court appearance, Mr Riccio privately discussed the case with Ms Johnson and her mother.

 

Court File

The court file on the Johnson case contains voluminous detail concerning the items that the defendant is accused of stealing from the town. The file contains several pounds of evidentiary paperwork, including a police inventory of the hundreds of items that police seized as evidence.

The file contains an inventory of 522 checks made payable to the Town of Newtown, which police seized as evidence, as well as an inventory of bank deposit slips, vouchers, $113 in cash, and miscellaneous items.

Mr Riccio has said, “It’s an unfortunate [situation] that we’re going to try to resolve in a fair and reasonable fashion.” Mr Riccio has said Ms Johnson did not cash the checks that she allegedly stole from the town. The cash that was taken has been spent, the lawyer has said. Approximately $34,000 in currency is missing.

According to the Newtown police arrest warrant application, “The combined amount of cash and checks that was stolen between February 1, 2003, and January 2004 is approximately $88,832.” Police documents list the amount of cash stolen as $34,036, and the amount of checks stolen as $54,796.

Police say they have recovered $38,645 of the $54,796 in checks known to be stolen. Approximately $140 in US currency has been recovered.

The town waste transfer station, which is located at the site of the town’s former landfill on Ethan Allen Road, collects fees from residents for yearly permits, daily permits, second-vehicle waste disposal permits, and bulk dumping fees. Such fees are paid with checks made payable to the town or in cash, for which residents receive a receipt.

Such fees are accounted for daily by landfill workers and then are transferred to the landfill administrator at the Public Works Department at 4 Turkey Hill Road.

The landfill administrator receives receipts of cash and checks from landfill personnel, and prepares and makes daily deposits at Fleet Bank. Those activities are recorded in a town cash-flow logbook. The administrator is entrusted to receive payments and deposit those payments within two business days.

Ms Johnson went to the police station on March 2, with Mr Riccio representing her, and provided a signed, written confession to police. Ms Johnson allegedly admitted that she removed cash and checks from the Public Works Department during 2003.

“I took the cash and checks and brought them home,” she allegedly said. Ms Johnson also allegedly admitted to having a substance abuse problem. Ms Johnson also allegedly told police that she did not cash any of the checks that were made payable to the town.

“The accused explained that the money was used to support her substance abuse problems,” according to the police arrest warrant application.

Since the theft of public funds became known, town officials have reviewed their money-handling procedures, First Selectman Herbert Rosenthal said. The town has two insurance policies that provide coverage for such situations, he has said, adding that he does not expect the town to lose any money due to the theft.