Public Works Theft—

Former Town Worker Pleads Guilty In Embezzlement Case

By Andrew Gorosko

Almost five months after she was charged with the crime, a former Town of Newtown employee pleaded guilty in court this week to first-degree larceny for her embezzlement of $88,832 in public funds from the town’s waste disposal accounts in order to support a drug habit.

A calm and composed Trisha Johnson, 23, of Southbury, accompanied by defense attorney Eugene Riccio of Bridgeport, entered the guilty plea to the Class B felony before Danbury Superior Court Judge Barbara Bellis late on the morning of August 17 in Courtroom 2 at the White Street courthouse.

Judge Bellis then entered a finding of guilty in the case. Sentencing is scheduled for September 28. Ms Johnson is free on $25,000 bail.

Until August 17, Ms Johnson had had a pro forma plea of not guilty entered in the case. It was the seventh time that Ms Johnson had appeared in court since her arraignment on March 24 following her arrest that day on a court warrant.

In court on August 17, Mr Riccio told Judge Bellis that the state prosecutor was unwilling to have Ms Johnson participate in either of two programs that would have allowed her to avoid a potential prison sentence in the case.

On July 8, Mr Riccio had withdrawn Ms Johnson’s application to participate in a program that would allow her to avoid prosecution. The Connecticut Alcohol and Drug Abuse Commission (CADAC) program would have allowed Ms Johnson to have her criminal felony charge dismissed, provided that she successfully completed the two-year drug abuse rehabilitation program. That program is intended for first offenders with substance abuse problems.

Also, the state opposed allowing Ms Johnson to participate in the “accelerated rehabilitation” program. Accelerated rehabilitation is a special form of probation for qualified first offenders, which is intended to give them a “second chance.” It is offered to defendants at a judge’s discretion. The defendant does not admit guilt and prosecution is deferred. If the defendant successfully completes the probation, which may last up to two years, and stays out of trouble with the law, the pending charge may be dismissed.

On April 7, Ms Johnson, who formerly worked as Newtown’s landfill administrator, had entered a pro forma plea of not guilty to a charge of first-degree larceny in connection with her alleged embezzlement of public funds, in the form of cash and checks, between February 2003 and January 2004.

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. Police found copious physical evidence in the case, recovering more than 520 stolen checks.

In a March 2 confession to police, Ms Johnson described how she stole the cash and checks and brought them to her home, which was then in Sandy Hook.

Ms Johnson spent approximately $34,000 in stolen cash to support a drug habit.

Ms Johnson is applying for a postconviction CADAC program, which may allow her to serve some time in a drug-rehabilitation setting.

On questioning by Judge Bellis, Ms Johnson indicated that she voluntarily entered the plea of guilty because she is guilty of the crime.

A presentencing investigation will be conducted by the court’s probation department to aid the judge in determining the sentence. Such investigations detail the nature of the crime committed, the attitude of the defendant, and provide a biographical description of the person.

A conviction on first degree larceny carries penalties of up to 20 years in prison and up to $15,000 fines. It also may require restitution of stolen funds and probation.

After court, Mr Riccio spoke to Ms Johnson about the case on a bench outside the courthouse.

The lawyer later described the case as, “Another one of those situations where you take a decent person and they become infected with drugs, and their actions are [those] of a diseased person.” The crime that was committed did not represent the “true” Trisha Johnson, Mr Riccio said.

Mr Riccio declined to discuss the sentence that he would recommend to the judge.

After learning of Ms Johnson’s guilty plea, First Selectman Herbert Rosenthal said, “I would hope that there would be some effort…to make restitution to the town for our loss.”

Almost all of the stolen checks that were recovered as evidence by police, and which were later turned over to the town, have cleared the banks, Mr Rosenthal said. The town, however, is missing the stolen checks that were never found, he said.

As it now stands, the town is missing roughly $15,000, he said. However, even if Ms Johnson makes no restitution, the town likely would be able to recoup virtually all of its loss through its insurance coverage, he said.

Since the theft came to light, the town has tightened its controls over handling money, he said. More procedural safeguards are now in use and town workers are more vigilant about spotting problems, he said.