09/05/2008
from the Kennebec Journal
Sport of Kings
Collins: Detecting 'home-grown terrorists' difficult
Recession over? Don't tell the hungry
Downtown remains optimistic
Health-care bill clears key hurdle
A chance to cash in
A tough way to end it
Windham pulls away to win Class A title
All of today's:
News | Sports
from the Kennebec Journal
from the Morning Sentinel
Old building gets new lease on life
Freedom brings perils along with privileges, Sen. Collins says
At food pantries, recession still very much alive
BILL CLEARS KEY HURDLE IN SENATE
FARMINGTON Volunteers take day to replace roof
OAKLAND Sewer project finishes first phase, ready for next
Black Bears fall to Wildcats in finale
Eagles rally to state title
All of today's:
News | Sports
from the Morning Sentinel
Karen Franzose, 54, administrative assistant to the high school principal, had no criminal record, paid full restitution, donated $2,000 to the Madison High School Sports Boosters and paid a $2,000 fine. That was enough to suit School Administrative District 59, the district attorney's office said Thursday.
Franzose received no jail time or probation.
Originally, Franzose was summonsed and charged with two Class B felony crimes -- theft by unauthorized taking, and forgery, said Madison police. In a plea bargain with the district attorney's office, she eventually pleaded guilty to one count of Class D misdemeanor theft.
"She is 54 years old with no prior criminal record at all, and she paid full restitution right off," Evert Fowle, district attorney for Kennebec and Somerset counties said Thursday.
Fowle said Franzose came forward quickly and "indicated her desire to accept full responsibility, and that does count for something."
"The alternative," he said, "was to possibly have this matter drag out for a year or more."
Fowle said although he was confident his office had a fairly strong case, the end result in the sentencing was not known with certainty.
"In a case like this we meet and discuss with school officials -- and, in every case of this magnitude, we write letters to victims seeking their input and consult with them," Fowle said.
He said the sentencing was unusual, but said that his office always tries to be as responsible as it can to the victims of the crime.
Asked Thursday if he could say something further on the school board's decision, SAD 59 Superintendent Michael Gallagher declined to comment.
SAD 59 School Board Chairman Troy Emery offered district residents no explanation for the board's decision.
"We are satisfied with what was done, the money will be returned to us and we've taken precautions to help make sure it doesn't happen again," Emery said.
Fowle said he was out of town and unaware that Franzose originally was issued a summons on Aug. 17 and that his office had filed the two Class B felony counts. Often, he said, cases such as this go directly to court, once all the details are worked out.
There was no hidden agenda, he said.
"If (the school district) had objected, we would not have gone forward," he said.
An attempt to obtain an explanation of the decision from Superior Court Justice Joseph Jabar was unsuccessful.
Franzose's attorney John Alsop said the district attorney's office acted appropriately.
"(Franzose) was overcome with remorse and has gone to great efforts to pay it all back," Alsop said. "I respect the DA's position on the matter; this is a wholly inappropriate case for jail. Jail is where we lock up dangerous criminals. There is no reason to arrest somebody unless they are a flight risk, on bail, or need to be on tighter hold. She confessed and cooperated fully with the police and is anxious to put the matter behind her."
Alsop said it took a "Herculean effort to raise this money and pay back every dime, something the criminal process doesn't do.
"That's significant," he said. "This is not the only case disposed of in this way .... Getting the money back can be an important factor. Human beings make mistakes. There is no magical answer. There is this hypocritical idea that jail is the only answer. It's not."
Darla L. Pickett -- 474-9534, Ext. 341
dpickett@centralmaine.com




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