Judge Asked To Rule On Sabrina Post’s Request For Accelerated Rehabilitation

DANBURY — Former Newtown High School choral director Sabrina Post may learn whether t she will qualify for accelerated rehabilitation at a hearing set for October 14 in Danbury Superior Court.

If Ms Post succeeds in her bid for the alternative rehabilitation program, she would likely be sentenced to probation rather than incarceration.

At a September 9 court appearance, Ms Post formally applied for the program.

About a month earlier, on August 11, Ms Post signed an agreement with the Newtown Board of Education to provide $11,000 in restitution to the town. School district and legal authorities close to the case have commented that the move to negotiate restitution was an important prerequisite for Ms Post’s bid for the accelerated rehabilitation program.

According to a spokesperson at the court clerk’s office, last Friday, Danbury Superior Court Judge Richard Morano agreed to accept and review two applications Ms Post made for the program through her attorney Robert Lacobelle. The original case dates back to complaints from school officials made to Newtown police last spring.

Newtown police investigated allegations against the former teacher and arrested her on separate warrants on April 11 and April 27, 2005. According to police, Ms Post allegedly submitted bogus reimbursement forms to the school system to obtain $1,735 in funds to attend two Connecticut Drama Association workshops in New York City in January 2003 and February 2004, which police say never occurred.

Police also allege Ms Post also fraudulently obtained or sought to obtain reimbursements from the school system for various goods and services, including, generally, bus transportation, music equipment purchases, electronic equipment purchases, and private music lessons. The aggregate amount involved in those offenses has not been made public.

She previously pleaded “not guilty” to one count of first degree larceny, two counts of second degree larceny, four counts of second degree forgery, and one count of criminal attempt to commit fifth degree larceny. Seven of the eight charges are felonies.

Ms Post, 47, of 18 Split Rock Road, Newtown, had concurrently been defending herself in an ongoing Board of Education job termination hearing through which school officials had sought to fire her in light of the eight criminal charges pending against her in Danbury Superior Court.

The legal agreement reached between Ms Post and the school system states, “The [school] board and [Ms] Post agree that it is in their mutual interest that their employment relationship should end without further proceedings.”

Ms Post signed the document on August 11. School Superintendent Evan Pitkoff approved it on August 18. The Newtown Federation of Teachers also endorsed it on August 18.

In the pact, Ms Post voluntarily resigns her teaching post, retroactively to June 30, and Dr Pitkoff agreed to withdraw the termination proceeding. The agreement further stated that Ms Post agreed to make restitution to the school system in the amount of $11,194.04, within two weeks of the agreement’s approval.

Stipulation Of AR Program

According to information supplied by the court, accelerated rehabilitation (AR) is a pretrial diversion program for people accused of crimes “not of a serious nature” and motor vehicle violations. People accused of class A and B felonies are not eligible. People accused of a class C felony are only eligible for “good cause.”

The program is not available to people who: (1) were previously convicted of a crime or certain motor vehicle violations, (2) are eligible for the pretrial drug education program or previously participated in it, or (3) are accused of a family violence offense and eligible for the pretrial family violence education program or previously participated in it.

Another condition of granting AR is that the court believes the defendant will probably not offend again. And, the defendant must notify the crime victim on a court-approved form, by registered or certified mail that he/she is applying for AR, and the victim must have an opportunity to give his/her opinion as to whether the court should grant it. Otherwise, the court has complete discretion in deciding whether to place someone in the program.

In the pact between the Board of Education and Ms Post, the school board agreed to advise Danbury Superior Court officials that full restitution has been made by Ms Post to the school district, and that the school board does not intend to object to any application by Ms Post for accelerated rehabilitation, or any similar disposition of the criminal charges pending against her.

Since ultimately, Newtown taxpayers were the collective victims of the alleged larcenies, it is conceivable that any taxpayer could also appear to advocate for or against Ms Post’s request.

AR participants waive their rights to a speedy trial. The court places them under the supervision of the Office of Adult Probation for up to two years. If a participant successfully completes the program, the court must dismiss the charges and erase the participant’s record.

And if the participant violates a program condition, he/she must be brought to trial on the original charge.

Ms Post remains free on a written promise to appear in court. She had been Newtown High School’s choral director, a senior class advisor, a Drama Club advisor, and had been the director of the NHS Drama Club’s production of Show Boat.

On February 8, school officials placed Ms Post on administrative leave with pay and benefits, but then declined to comment on why Ms Post was removed from her duties as a teacher. Ms Post started working at Newtown High School in September 2001.

Ms Post’s base salary for the 2004-2005 school year was $73,339. That sum did not include stipends for additional school duties, which add $12,000 to her salary.