The former Derby Senior Center Director accused of embezzling money intended for the city’s elderly applied for a pretrial program Thursday for first-time offenders.
If Sarah Muoio’s application for “accelerated rehabilitation” is granted by a judge and she complies with the court’s requests, her criminal case could be dismissed without having to serve time in jail.
But Mayor Anita Dugatto said the city will ask the judge to reject Muoio’s application.
Background
Dugatto fired Muoio a year ago and called in an auditor after learning of irregularities in the senior center’s books.
The mayor asked police to investigate.
Police affidavits alleged Muoio used money from dues and fundraisers to fund personal shopping sprees.
The documents allege she bought items such as furniture, carpet, bed frames, a yoga ball, house paint, dining sets and quilts.
Police charged Muoio, 31, with first-degree larceny. She is free on a $10,000 bond.
Muoio applied for accelerated rehabilitation at Superior Court in Milford Thursday before Judge Frank Iannotti.
The diversionary program is for first-time defendants who, after a background check, are determined not likely to commit crimes again.
She is due to return to court March 30, at which point the judge may either grant or reject her application.
The program is typically off-limits to public officials charged with embezzling taxpayer money, but can be granted if a judge finds good cause to do so — after allowing prosecutors and victims a chance to object.
Mayor Objects
Mayor Anita Dugatto said Thursday the city will be doing just that.
“The city stands by the charges and we are looking into what we need to do to keep (the case) going,” Dugatto said.
The mayor said she hasn’t yet decided whether to attend Muoio’s next court date.
“That’s something to be determined,” she said.
Restitution In Dispute
Another hurdle for Muoio’s application — during Thursday’s hearing, her lawyer, Dominick Thomas, and the prosecutor in the case, State’s Attorney Kevin Lawlor, indicated the amount of money she allegedly stole is still in dispute.
Before continuing the case, Judge Iannotti asked the lawyers to meet before the next court date to “have a conversation before then with regard to an agreed upon number for restitution.”
Court documents in the case did not provide a firm amount for the total Muoio allegedly embezzled.
Police believed there were more than 200 “questionable transactions” totaling about $21,000 connected to one Derby Senior Center account at Webster Bank.
There were also five “questionable” cash withdrawals totaling roughly $3,000 and 31 questionable transfers between bank accounts, according to Derby police.
In court Thursday, Thomas asked the judge whether he and Lawlor would have to agree on a number.
“I don’t think this is going to happen, but if we are far apart, would we be arguing that before you or would we have to agree?” Thomas said.
The judge said it would make things complicated because restitution is typically a condition of the diversionary program.
“It’s a very difficult situation to argue as far as accelerated rehabilitation,” the judge said.
Dugatto declined to comment Thursday on whether the city had arrived at a final amount.
“That’s part of the court case,” Dugatto said. “I’m not going to quote anything.”
Thomas said after Muoio’s court appearance that the restitution due to the Senior Center is “nowhere near” the numbers cited by police, and that he would have more details when Muoio returns to court March 30.
