Public Works Theft—

Court Hearing Set On Request To Avoid Prosecution

By Andrew Gorosko

A Danbury Superior Court judge has scheduled a hearing on a former Newtown public works employee’s request to participate in a court program that would allow her to avoid prosecution for her alleged embezzlement of $88,832 in public funds, which she had collected as Newtown waste disposal fees.

Judge Earl B. Richards III on June 22 scheduled a hearing for July 8 on Trisha Johnson’s request to participate in the Connecticut Alcohol and Drug Abuse Commission (CADAC) program. Participation would allow Ms Johnson, 23, of Judd Road, Southbury, to avoid criminal prosecution and have her criminal felony charge dismissed, provided that she successfully completes a two-year drug abuse rehabilitation program. The program is intended for first offenders with substance abuse problems as an alternative to incarceration.

The state is expected to formally oppose allowing Ms Johnson to participate in the CADAC program. The program also is known as “suspension of prosecution.”

Ms Johnson had the option of seeking participation in either the CADAC program, or another alternative-to-incarceration program known as “accelerated rehabilitation.” The CADAC program is considered to be a stricter program for a defendant.

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.

At the July 8 hearing, court testimony would be presented by a CADAC official concerning Ms Johnson’s suitability to participate in the CADAC program. The hearing would air the facts of the case and evidence would be presented. The hearing provides the victim with an opportunity to comment on Ms Johnson’s seeking the CADAC program. The victim is the Town of Newtown.

A judge would determine whether Ms Johnson has a drug dependency, whether she would benefit from participation in the CADAC program, and whether her participation in such a program would serve the interests of justice. The state’s office of adult probation supervises the program.

The defendant’s restitution of stolen money to the town could be a condition of participation in the CADAC program.

The judge presiding at the July 8 hearing likely would quickly decide whether Ms Johnson will participate in the program.

According to the Newtown police’s 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.

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

The town has been cashing the stolen checks that have been recovered. The town is covered by insurance policies for such theft.