Public Works Theft—

Defendant Withdraws Bid To Avoid Prosecution

By Andrew Gorosko

The lawyer representing a former Town of Newtown employee, who is accused of embezzling $88,832 in public funds, has withdrawn the defendant’s application to participate in a court program that would allow her to avoid prosecution in the case by participating in a drug rehabilitation program.

On July 8 in Danbury Superior Court, attorney Eugene Riccio of Bridgeport, representing Trisha Johnson, 23, of Judd Road, Southbury, withdrew Ms Johnson’s application to participate in the Connecticut Alcohol and Drug Abuse Commission (CADAC) program.

Participation in that alternative-to-incarceration program would allow Ms Johnson to avoid criminal prosecution and have her criminal felony charge dismissed, provided that she successfully completes a two-year drug abuse rehabilitation program. Ms Johnson has pleaded “not guilty” to a charge of first-degree larceny for allegedly stealing the $88,832, which had been collected as town waste disposal fees.

In June, a judge had scheduled a hearing for July 8 on Ms Johnson’s request to participate in the CADAC program. The program is intended for first offenders with substance abuse problems.

In court on July 8, Judge Barbara Bellis conducted an off-the-record conference with Mr Riccio, and with state’s attorneys Walter Flanagan and Warren Murray on Ms Johnson’s CADAC application. The conference was conducted in low voices out of earshot of those in Courtroom 2, so it unclear what was said during the session, which lasted several minutes.

At the end of that conference, Mr Riccio said he was withdrawing Ms Johnson’s CADAC application. The lawyer restated Ms Johnson’s “not guilty” plea in the case.

The state was expected to formally oppose Ms Johnson’s participation in the CADAC program. The program also is known as “suspension of prosecution.”

Ms Johnson’s next court appearance is slated for August 6.

On July 9, Mr Riccio said he would be discussing the pending case with Mr Murray before Ms Johnson’s next court appearance on August 6.

Mr Riccio said there is a reason why he withdrew the CADAC application, but would not disclose that reason. Mr Riccio said it is unclear how the case will proceed in court.

On July 13, Mr Murray had no comment on the Johnson case.

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 is free on $25,000 bail.

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.