Public Works Theft—

Judge Releases Stolen Checks To Town

By Andrew Gorosko

On April 21, a Danbury Superior Court judge approved the Town of Newtown’s request to return to it the 522 recovered stolen checks that were made payable to Newtown in 2003 for waste disposal fees. Those checks were being held as evidence in a criminal felony prosecution involving that theft.

In the White Street courthouse, Judge Barbara N. Bellis approved the Town of Newtown’s motion seeking the return of the checks, which were seized as evidence by Newtown police.

Photocopies of those checks will be produced to serve as evidence in the court case against Trisha Johnson, 22, of Judd Road, Southbury.

On April 7, Ms Johnson, who formerly worked as Newtown’s landfill administrator, entered a pro forma plea of “not guilty” to a charge of first-degree larceny in connection with her alleged embezzlement of $88,832 in public funds, in the form of cash and checks, between February 2003 and January 2004. Police charged Ms Johnson on a court warrant on March 24.

Ms Johnson, who is free on $25,000 bail, is represented by Bridgeport lawyer Eugene Riccio. Ms Johnson’s next scheduled court appearance is May 14.

Mr Riccio did not oppose Newtown’s request that the missing checks be returned to it.

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 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, cash, and miscellaneous items.

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.

The approximately $34,000 in stolen cash reportedly has been spent. Police documents indicate Ms Johnson told them she stole the funds to support a drug habit.

First Selectman Herbert Rosenthal said April 21 that the town will be cashing the 522 checks that have been held as evidence.

The residents who wrote those checks to the town received public services, but the town has not yet received the funds required to provide those services, he said.

The town may notify the writers of those checks that it is recovering the checks and now plans to cash them, Mr Rosenthal said.

Any checks that were written to the town and then stolen, but have not been recovered by police, would be part of a town insurance claim to recover missing funds, he said.

Mr Riccio has 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.

Mr Rosenthal said that the town would formally oppose the court granting Ms Johnson the special probationary program, unless Ms Johnson agrees to make restitution of lost funds.