Ex-clerk in Warren gets early jail release

The fired clerk made arrangements so far to repay 83,000 of the 192,834.
By ED RUNYAN
VINDICATOR TRUMBULL STAFF
WARREN -- Though a judge says "it doesn't seem right," he allowed the release of Judith DeJacimo, former deputy clerk of Warren Municipal Court, from prison Sunday after serving 60 days of an 18-month sentence.
"I'm going along with what you two agreed, but it doesn't seem right," Judge John M. Stuard of Trumbull County Common Pleas Court said as David Toepfer, assistant county prosecutor, and Atty. Michael Rossi of Warren stood before him with DeJacimo on Thursday.
Judge Stuard was referring to the plea agreement the prosecutor's office reached with DeJacimo. It said prosecutors would not oppose her release after 60 days in the Ohio Reformatory for Women, Marysville, for thefts costing the city 192,834.
"I don't know how she could pay it all back," Judge Stuard said. "It's a terrible amount of money, but it is something your client caused," he told Rossi.
Rossi admitted that his client "falls into that category" of people who would not be able to come up with that amount of money.
Toepfer said the 192,834 included the 77,095 cost of a special state audit, 46,413 overtime paid to court employees during the investigation, and about 70,000 in theft that has been documented.
Paying it back
At her sentencing in January, Rossi estimated that DeJacimo took about 90,000 and that she had paid 30,000 in restitution -- and would be forfeiting around 28,000 in public employee retirement and disability benefits, and some 25,000 from a life insurance policy -- totaling 83,000.
DeJacimo, 50, of Glen Drive, Warren, worked for the court for 13 years until she was fired Dec. 7, 2005.
She received the maximum sentence from Judge Stuard on the single theft-in-office charge. She could have received only probation, but Judge Stuard and the prosecution said prison was necessary because of damage to the court's reputation.
Rossi told Judge Stuard on Thursday that the main reason to release her is that this was a fourth-degree felony offense for a first-time offender.
Toepfer said the prosecutor's office would agree to her release as long as she pays restitution for the audit and overtime. Judge Stuard reminded DeJacimo that she will remain on probation for five years and could be sent back to prison if she fails to meet restitution and other requirements of probation.
Meanwhile, the Ohio Auditor released results of its special court audit, indicating 40,377 was stolen from periods limited to Jan. 1, 2003, through April 30, 2003; and Jan. 1, 2004, through Nov. 30, 2005. The court originally requested the auditor's office to audit the period Jan. 1, 2000, through Nov. 30, 2005 -- then requested the state discontinue its audit in favor of completing an examination internally. The report issued this week represents the period of completed audit work at the time the court requested auditors to stop.
There was 17,614 received but unaccounted for attributable to DeJacimo. The state issued a finding for recovery for 17,614.
State auditors also examined garnished wage receipts for Jan. 1 through April 30, 2003; and Jan. 1 through Dec. 31, 2004. Another finding for recovery totaling 22,528 against DeJacimo was issued.
Another case
Another clerk, Sandra McCready, 40, of Elm Road, lost her job Jan. 26, 2006. On May 11, 2006, McCready pleaded guilty to a charge of theft in office. On July 6, 2006, she was sentenced to three years' probation, 30 days house arrest and 200 hours of community service. McCready was also ordered to pay court costs, full restitution and a portion of the audit costs.
In examining traffic receipts, officials noted McCready diverted 495 for personal use. On Sept. 30, 2005, she repaid 260 and credited the money to the proper cases. A finding for recovery was made against McCready for 235.
runyan@vindy.com