Former Uniontown treasurer appeals theft conviction, contests restitution
The attorney for the former Uniontown treasurer who stole more than $100,000 in cash tax payments asked a judge to set aside her conviction, arguing no one actually caught her “with her hand in the cookie jar.”
“It’s purely on inference that any money left the office improperly,” Assistant Public Defender Ethan Carter argued Thursday, referring to Antoinette Hodge, who was found guilty of theft and related charges in November.
The 55-year-old Uniontown woman was convicted of stealing cash tax payments made to her office to pay for vacations, scratch off lottery tickets and trips to casinos. She was sentenced to 21 months to 10 years in prison.
President Judge Steve P. Leskinen challenged Carter’s idioms with his own, stating that while there may not have been anyone who saw Hodge take taxpayer cash there were “proverbial footprints in the snow” in regard to her guilt.
The judge said Hodge testified herself that she was in charge of the tax deposits, and other witnesses stated that the deposits were put together properly. However, when the deposits got to the bank, the cash was typically not there, Leskinen said.
While Carter argued that Hodge should receive a new trial, the bulk of Thursday’s court appearance centered around restitution. Hodge was ordered to pay $106,750 in stolen tax payments and $113,469.56 for the cost of a forensic audit undertaken by the city.
The city had already been made whole on the $106,750 in stolen tax payments by its insurance company, Carter said.
“It is our position that because insurance effectively covers the city of Uniontown, they are not entitled to a second dip of the money,” Carter said.
As for the $113,469.56 that the city spent for forensic auditing to help convict Hodge, Carter argued that the amount was “too attenuated” from the crime itself.
Deputy Attorney General Kara Rice disagreed, stating that the cost of the audit was necessary in holding Hodges accountable and the cost was a “direct loss to the city.”
“(City officials) would not have been able to figure out the extent of injury from this, or hold her accountable for the losses,” Rice said.
Leskinen acknowledged that the forensic audit amount was “hearsay” and that in “99.9% of criminal cases” there is not an effort to recover the total cost of the investigation from the convicted.
Carter suggested the only mechanism to recoup any restitution from Hodge should be through a civil suit.
Hodge is currently awaiting trial for allegedly stealing $112,484 from the Youghiogheny Western Baptist Association, which has 27 churches, including some in Fayette and Greene counties.
Hodge was the board chairperson and oversaw the YWBA’s bank accounts. Police contend she failed to pay bills or real estate taxes, leaving the YWBA dependent upon help from other religious organizations.
Carter filed a motion to dismiss the case, and Leskinen said he would rule on it soon.