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August 25, 2010

Judge rejects Miles’ guilty plea

Nancy Lowry New Castle News

NEW CASTLE — A Lawrence County judge has rejected the guilty plea of former New Castle employee Nancy Miles.

Judge J. Craig Cox yesterday ordered her to stand trial in October.

Miles, 60, of Edinburg, a former finance office clerk charged with taking more than $30,000 in city funds, pleaded guilty on May 14 to one count of theft.

The terms of Miles’ plea offer included a sentence of six to 12 months in  jail — three months in Lawrence County jail and three months on house arrest, six years of probation and paying restitution of $117,207.71.

The restitution would include the $30,957.71 she is accused of taking from the city and  $86,350 for the cost of the finance department audit.

She had expected to be sentenced yesterday.

However, Cox said he heard from various city officials, including Mayor Anthony Mastrangelo, Councilman William Panella and Council president MaryAnne Gavrile by letter, and from District Attorney Joshua Lamancusa and defense attorney David Acker, and that the facts are disputed.

Following yesterday’s court hearing, Lamancusa said Cox does not believe that under the law he has the right to force Miles to forfeit her pension. City officials are insisting upon this condition.

In July, city council recommended that Miles forfeit her pension. That was approved by the city’s seven-member non-uniformed employees pension board.

“(Judge Cox) said he does not believe that he has the power under the Forfeiture Act, and the recommended plea agreement does not include pension forfeiture,” Lamancusa said. “That is why he rejected the plea.”

Lamancusa said it is up to Miles now to determine whether she will forfeit her pension.

“Only she can agree to that,” he said. “If she does not, the case will go to trial.”

If found guilty by a jury, she could face a maximum of seven years in jail and a $15,000 fine.

Lamancusa said city officials are adamant that Miles relinquish her pension.

“There are some offenses when a public employee can be ordered to forfeit pension benefits,” he said, “But it is not clear if this is one (of those instances).”

He added that even Randy Rhoades, solicitor for the city’s pension board, was unclear on the issue.

He said he is aware that council passed a resolution recommending the forfeiture, but said that issue may have to be resolved in civil court.

“Right now, it’s up to her,” he said. “It appears there can be no compromise.”

Acker said city council members objected to the plea.

“They want something the judge can’t do,” he said. “They want Nancie to forfeit her 38-year pension.”

He said he does not believe his client will agree to that.

“Council wants it all,” he said. “They just don’t care (about her).”

Acker said Miles is accused of taking about $30,000 and has agreed to repay it through her unused vacation and sick leave — about $27,000. The problem, Acker said,  is the $86,000 audit cost.

Miles had been charged with more than 300 counts of forgery, two counts of theft and two counts of receiving stolen property. At the time of her plea, Lamancusa explained the charges were identical and consolidated.

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