Friday, April 20, 2007
Her attorney said that theft in office does not call for the offender to pay auditing costs.
WARREN -- The attorney for Judith DeJacimo, the former Warren Municipal deputy clerk convicted of stealing money from the court, has filed an appeal of the sentencing order that requires her to repay around 193,000 in restitution.
Atty. Michael D. Rossi, of Warren, filed the appeal with the 11th District Court of Appeals on Tuesday, challenging the part of Judge John M. Stuard's order that DeJacimo repay the amount she stole, as well as overtime and audit costs. Stuard is a judge in Trumbull County Common Pleas Court.
Rossi said the court has set the theft amount at around 70,000 so far but is still adding it up. He believes the final figure will be around 80,000, Rossi said, adding that DeJacimo is prepared to pay every dollar of that back.
But the attorney said Stuard's ruling that DeJacimo also owes the 77,095 cost of a special state audit and 46,413 in overtime paid to municipal court employees tracking the thefts is contrary to law.
There are offenses that call for the offender to pay auditing costs, but theft in office -- DeJacimo's crime -- does not. Another issue in the appeal is whether the judge can make payment of the auditing and overtime a condition of her probation. Rossi said he doesn't believe the repayment can be ordered in a case where the amount of money involved is not determined.
DeJacimo, 50, of Glen Drive, Warren, was sentenced to 18 months in prison in January and was released after serving 60 days -- in accord with the plea agreement she made with prosecutors.