Ex-Teacher Receives Probation In Larceny/Forgery Case

By Andrew Gorosko

Despite strong objections from Newtown’s first selectman, a Danbury Superior Court judge has granted a former Newtown High School teacher special probation, which could lead to the dismissal of multiple felony-level larceny and forgery charges that are pending against the teacher.

Following a lengthy court hearing on her request for “accelerated rehabilitation,” Judge Richard Marano on October 21 granted Sabrina Post, 47, of 18 Split Rock Road, Newtown, participation in the probationary program.

Accelerated rehabilitation is a special form of pretrial probation for first-time offenders, which is intended to give them a second chance. Accelerated rehabilitation is granted at a judge’s discretion.

Under the program, the pending criminal charges would be dismissed if Ms Post successfully completes a probationary period, during which she would stay out of trouble with the law and meet the specific terms of her probation.

After considering arguments from Assistant State’s Attorney Deborah Mabbett, who urged Judge Marano to reject Ms Post’s receiving accelerated rehabilitation, and other arguments from defense attorney Robert Lacobelle, who urged the judge to approve such probation, Judge Marano ruled that Ms Post would participate in two years of accelerated rehabilitation. Her next court date is October 22, 2007.

Ms Post will be subject to supervision by the Office of Adult Probation. She must perform 300 hours of charitable community service. She must submit to psychological evaluation, and also must undergo psychological counseling, if that evaluation indicates that such counseling is necessary.

Earlier this year, Ms Post had 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 those eight charges are felonies.

The eight charges concern the state’s claims that Ms Post fraudulently obtained approximately $3,900 of funds, goods, and services from the Newtown public school system.

Had she been convicted on all eight charges, Ms Post would have faced a maximum sentence of more than 60 years in prison.

Under the terms of an August agreement, Ms Post quit her teaching job and agreed to provide $11,194 in restitution to the public schools. The $11,194 in restitution beyond the $3,900 in theft represents various public expenditures made by Ms Post that were investigated by police, but for which criminal charges were never lodged.

The August agreement resolved the school system’s effort to fire Ms Post in view of the eight criminal charges against her. As part of that agreement, the school system agreed not to oppose Ms Post’s court application for accelerated rehabilitation.

Opposition To Probation

First Selectman Herbert Rosenthal, however, viewed Ms Post’s request for special probation in a different light than the school system.

In an October 11 letter to Ms Mabbett, Ms Rosenthal wrote, in part, “I wish to register my strong opposition to the granting of accelerated rehabilitation…in this serious matter.

“There are many victims of Sabrina Post’s alleged criminal activities. First and foremost are the students of Newtown High School and more particularly those involved in the school’s performance of Show Boat. Her actions and her subsequent removal as director of the performance created great turmoil and upset for the many students involved, as well as the entire student body. Numerous students and parents attended Board of Education meetings in order to come to her defense…It appeared to be orchestrated to put pressure on the superintendent of schools to get him to reinstate her,” Mr Rosenthal wrote.

“If the court grants this [probation] application, it would also send a very bad message to the student victims. They would see that a person can commit serious crimes that require premeditation, and take place over a lengthy period of time, and get what amounts to a slap on the wrist by merely paying back funds that are stolen. In other words, there is no risk to bad behavior because if you get caught, you just give back what was not yours to begin with,” Mr Rosenthal wrote in urging that accelerated rehabilitation not be granted to Ms Post.

After learning that Ms Post had received the probation, Mr Rosenthal said, “I didn’t feel accelerated rehabilitation was warranted…This was a particularly egregious offense…I just hope that she just doesn’t do this [larceny/forgery] to some other town, [which] might be so unfortunate as to hire her in the future.”

On October 24, School Superintendent Evan Pitkoff said that beyond the $3,900 in thefts with which police charged Ms Post in two April arrest warrants, the balance of the $11,194 in restitution that she made to the school system covers various other public expenditures made by Ms Post that school officials later came to question.

As part of the August agreement with Ms Post, the school board agreed that it will not initiate any teaching license revocation action or similar proceeding with the state Board of Education against Ms Post.

Dr Pitkoff said school officials have enlisted an outside accounting firm to review how the school system handles its requests for reimbursement, such as those which were made by Ms Post, in seeking to prevent future fraud.

Criminal Charges

Following complaints from school officials, Newtown police investigated allegations against Ms Post and arrested her on separate warrants on April 11 and April 27.

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 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.

Ms Post had been the 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 she 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 does not include stipends for her additional school duties, which added $12,000 to her salary. In August, Ms Post resigned her position retroactively to June 30.

Court Proceedings

In court on October 21, in arguing against probation for Ms Post, Ms Mabbett told Judge Marano that Ms Post’s actions amounted to “a pattern of deceit over the course of three years.” Ms Post betrayed the public trust by stealing money that was designated for the benefit of children, Ms Mabbett said.

“This is deception at its core,” which involves successive lies compounding other lies, Ms Mabbett said.

Ms Post has neither shown remorse, nor admitted guilt, Ms Mabbett said. Accelerated rehabilitation is intended for cases involving one mistake or for minor crimes, the prosecutor added.

Ms Post devised various ways to steal money, including the creation of fraudulent forms and forgery of a superior’s initials on a form, Ms Mabbett said.

Ms Mabbett said Ms Post forged the initials “WM” on a fraudulent form in order to deceive school business officials into thinking that former high school principal William Manfredonia had endorsed a reimbursement request submitted by Ms Post.

After listing a variety of forgeries allegedly perpetrated by Ms Post, Ms Mabbett said, “This is a serious matter and shows an ongoing pattern of deceit.”

In defending Ms Post, Mr Lacobelle said that Ms Post did not forge Mr Manfredonia’s initials on the reimbursement form in question.

Mr Lacobelle pointed out that the August agreement between Ms Post and the school board made no admission of wrongdoing by Ms Post or by the school system.

Mr Lacobelle said that some of Ms Post’s actions “were not so smart,” but added that her actions were intended to benefit the children. The lawyer termed his client “dedicated and hardworking.”

The attorney said that Ms Post’s had “altruistic” motives but her actions may have constituted “an error in judgment in how to get the funds appropriated.”

Mr Lacobelle presented Judge Marano with numerous letters of reference attesting to Ms Post’s personal qualities and her work as a teacher.

Before working in Newtown, Ms Post worked as a teacher in Westport, Darien, Wilton, and the Redding/Easton school district, Mr Lacobelle said, adding that she has been a teacher for more than 25 years.

Mr Lacobelle told Judge Marano, “The ‘victim’ here really is the Board of Education. The victim here really is the superintendent of schools.”

In light of restitution having been made, neither the school board nor the superintendent objects to Ms Post receiving accelerated rehabilitation, Mr Lacobelle said.

 

Judge Speaks

Judge Marano said that public school teachers, such as Ms Post, may have altruistic intentions, as was argued by Mr Lacobelle, but teachers do not have unlimited discretion on spending public funds. Ms Post did not have a “blank check” to run any school programs that she desired, the judge said. School teachers do not have the right to spend money without limits, he said.

“She created her own system of reimbursement, it seems,” Judge Marano said.

Before rendering his decision on the probation, Judge Marano said that three character witnesses had testified in court on behalf of Ms Post on October 14, speaking highly of her personal qualities.

The judge termed Ms Post’s actions “bizarre behavior, at best”, and “criminal larcenies, at worst.”

“This whole pattern has been very distressing and disappointing,” he said, adding that it amounted to “deception and dishonesty” and a “betrayal of trust of kids, of parents, and the public.”

Ms Post’s actions resulted in great turmoil, as was expressed by Mr Rosenthal, Judge Marano said.

The judge pointed out, however, that many strong and impressive testimonial letters had been submitted on behalf of Ms Post.

“Ms Post has paid dearly and continues to pay dearly, giving up a successful career,” Judge Marano said.

Ms Post’s good deeds, however, cannot right the wrongs that have been committed, he said.

On that note, the judge said that accelerated rehabilitation provides a second chance for people who deserve it, and then granted Ms Post participation in the program.

In granting the special probation, the judge found that “the accused probably will not offend in the future.”

After court, Mr Lacobelle said, “We’re happy he [judge] exercised his discretion.” Ms Post amounts to a “perfect candidate” for the program, the lawyer added. Ms Post can now move on with her life, he said.

Ms Post, who had declined to comment throughout the court case, said, “The last eight months have been both humiliating and enlightening for myself and my family.”

Ms Post said she wants to move on with her life and prove that Judge Marano’s decision to grant her probation was the correct decision. Ms Post said she is thankful for those people have who stood by her.