A judge granted a former Derby employee a second chance Thursday even though she stole thousands of dollars from senior citizens.
Judge Frank Iannotti allowed former Derby Senior Center Director Sarah Muoio to participate in a court diversionary program that will see a criminal case against her dismissed if she completes two years of unsupervised probation without getting in trouble again.
While Muoio’s theft was “egregious,” on the balance of her whole life, Muoio deserves another chance.
“I’ve tried very hard over the years to, when possible, give people the benefit of the doubt,” the judge said. “Everybody, and I mean everybody sitting in this room and beyond, makes mistakes in their lives. This probably goes a little bit higher than a lot of them, but everybody makes mistakes. Everybody deserves second chances.”
Click play to listen to a podcast the Valley Indy recorded Thursday afternoon. It includes post-sentencing comments from the prosecutor, the defense attorney, and the Derby mayor.
Muoio had been charged last May with first-degree larceny, a felony punishable by up to 20 years in prison, after an investigation by Derby police revealed she stole senior center money to buy things for her house, including furniture and paint.
Essentially, she was skimming from fundraisers and events she organized with the senior citizens.
She had applied in January to participate in accelerated rehabilitation, a diversionary program for first-time defendants who, after a background check, are determined not likely to commit crimes again.
A hearing on the application was held at Superior Court in Milford Thursday.
Investigators initially pegged the amount Muoio stole around $30,000.
But State’s Attorney Kevin Lawlor said it would have been difficult to prove that amount at a trial because the senior center’s past accounting practices weren’t good. Click play on the YouTube video above to hear Lawlor speak to reporters.
Lawlor and Muoio’s lawyer, Dominick Thomas, settled on a restitution figure of $10,000.
Thomas presented a check in that amount in court.
’I Know What I Did Was Wrong’
Muoio read a prepared statement apologizing for her behavior, her first public comments since her arrest.
“I’d like to just take the opportunity to apologize to the City of Derby and the seniors of the Derby Senior Center for letting you down and bringing negative attention to the place that I desired to (make) into a perfect meeting space for the seniors,” Muoio said.
“I apologize for anything that made you less than proud of me and questioned my intentions for you and my desire to take care of you,” she said. “I’m sorry I didn’t do a better job.”
She told her members of her family that she is “sorry that I dragged you through the ringer the last year because of my actions.”
Muoio said she regrets stealing.
“I know what I did was wrong. What I let run through my mind as an excuse was not an excuse,” she said. “The fact that I put my personal funds in the center did not justify my actions. My justification was not warranted or acceptable conduct. I’m sorry and I wish every day that I could go back and do things the right way.”
In asking the judge to accept Muoio’s accelerated rehabilitation application, Thomas noted that many of the purchases initially identified as suspicious turned out to be items that were used at the Senior Center. He said Muoio actually stole about $7,500.
Thomas asked the judge to think about how Muoio did volunteer work after her one of her sons was diagnosed with a brain tumor.
“This is an individual who, outside of her faults, outside of the mistake she made, your honor, this is an individual who has experienced some serious issues with respect to her son, and rather than feeling sorry for herself about that, has thrown herself into an area of service and dedication and volunteer work related to that problem,” Thomas said.
He also read a letter from David Klischer, a former member of the senior center’s Board of Directors, extolling Muoio’s virtues.
State, City Object
Lawlor asked the judge to deny Muoio’s application, telling him that the city and several members of the senior center objected.
“They rightly feel that this defendant has abused their trust,” Lawlor said.
The prosecutor also noted that a judge granting an application for accelerated rehabilitation has to determine that a defendant is unlikely to run afoul of the law again — and that the crime with which they’re charged isn’t a serious one.
Muoio was entrusted with money to benefit Derby’s seniors, he said. Instead, she stole from them.
“That is something of a serious nature,” Lawlor said. “That misappropriation and abuse of the public trust is not something the law takes lightly.”
Derby Mayor Anita Dugatto attended the hearing and read a prepared statement objecting to Muoio’s application.
“Simply said, I have disdain and contempt for anyone who deceives our seniors,” Dugatto said.
The mayor said accelerated rehabilitation would not be appropriate because she said she doubts Muoio is unlikely to commit crimes in the future.
“Given the chance or given another opportunity, she would take full advantage,” Dugatto said.
Fran Teodosio, a lawyer representing the city, asked the judge to reject Muoio’s application because her actions showed “reckless disregard” and “a violation of the public trust.”
’Everybody Makes Mistakes’
Judge Iannotti said that in most theft cases, a defendant without a record who admits she was wrong and is prepared to make restitution usually makes an accelerated application an easy decision.
“It becomes complicated by the fact that this is an allegation of defrauding a public community,” Judge Iannotti said. “That puts it on a different level.”
Stealing public funds is “egregious,” the judge said. But he said some cases are worse than others.
“You try to establish the level of egregiousness of the case in front of you,” he said. “I think it’s a fair statement to say that if you’re going to put it on levels of egregiousness, this probably comes down to a lesser level.”
Compared to some recent public embezzlement cases in the Valley, Muoio’s theft wasn’t as severe. Karen Guillet, Oxford’s former tax collector, and Sharon Scanlon, a former finance official from Shelton, were both sentenced to prison terms for stealing amounts much larger than Muoio — $243,902 for Guillet and $914,153 in Scanlon’s case.
The judge said he also had to look at a Muoio’s “entire life, not just the time involved in the allegations of this case.”
“If you look at Ms. Muoio’s entire life, this is a small part of it,” he said, referring to an earlier comment from Muoio’s lawyer that there are news stories about her embezzlement. “As Mr. Thomas points out, a part that is never going to go away.”
The judge told Muoio to take advantage of the break he was giving her.
“Pay it forward. Pay it forward,” he said. “Look at it as a gift that only comes one time in one’s life. If I grant you accelerated rehabilitation and I’m wrong, then shame on me. But more shame on you, because you will have deceived everybody.”
The judge granted Muoio’s application for two years, meaning the larceny charge will be dismissed March 29, 2019 if she is not arrested again.
The judge also ordered Muoio to do 200 hours of community service for each of the two years she’s on probation — and in organizations she does not already volunteer. He also made Muoio promise not to handle money while doing her community service.
Members of Muoio’s family cried as the judge announced his decision.
Reaction
After the hearing, Lawlor said that while he disagreed with the judge’s decision, he wasn’t disappointed.
“I think the judge struggled with both sides of that,” Lawlor said. “I think reasonable minds can disagree. I believe a theft of public funds is of a serious nature, but that being said, I think the judge gave about as thoughtful of a response as he could and balanced a lot of competing interests.”
The Valley Indy asked Lawlor whether the judge’s ruling may send the wrong message — namely, that you won’t get a criminal record when stealing $10,000 of public money if you pay it back when caught, do community service, and have a good lawyer.
“Every case is unique,” Lawlor said. “Every case is decided on its own particular facts. As far as what messages are sent, I don’t know, I couldn’t answer that.”
Click the play button on the YouTube video above to hear Lawlor’s remarks.
“But from a prosecution point of view thefts in the public community will be prosecuted vigorously,” he said. “She was charged with larceny in the first degree, but the legislature allows you to apply for AR in that circumstance. We enforce the law as it’s written, not as people think it should be.”
Lynette Jordan, a member of the senior center’s board of directors, said that the issue of Muoio’s case has been divisive among the senior center’s members.
Some were afraid to come forward to speak out against Muoio’s application out of the shame of having been duped by her, Jordan said.
“She got handed a gift,” Jordan said of the judge’s ruling.
Mayor Dugatto said the judge’s decision was “very comprehensive.”
She said Muoio hadn’t been let off the hook, noting that she has to pay restitution.
“In two years she has to be that good person that the judge hopes she will become,” Dugatto said.
The mayor said the city has introduced better accounting procedures and financial oversight at the senior center, where Susan Churchill now acts as director. A credit card used by Muoio — and others before her, Thomas noted — has been shredded, Dugatto said.
“He’s giving her a chance,” Dugatto said of Muoio. “I hope she takes it.”
Second Ward Alderman Art Gerckens has spoken out in opposition to Muoio’s application on his Facebook page and has criticized fellow Aldermen for not putting their names to a petition started by senior center members that attracted more than 100 signatures.
After Thursday’s hearing he sent the Valley Indy a prepared statement Thursday saying that while he believed in second chances,“our seniors came to BOA meetings not once, but twice to seek our help.”
“I supported their efforts because in my opinion, that’s what we’re supposed to do…represent the citizens of our community,” Gerckens said.
He said Dugatto deserved credit for “showing quiet dignity while this ugly affair played out and while knee jerk columns were written calling for her to apologize.”
“Good luck to the young lady and please make the most out of the second chance you’ve been given,” he said.
Outside the courthouse, Thomas said the judge made the right decision.
“I hope that the people in the city are not disappointed but realize that she has been, will be, and continues to be punished by the fact of what she did,” he said.
The Valley Indy asked Thomas whether other public employees could infer that they could embezzle too and then participate in accelerated rehabilitation and not have a criminal record.
Thomas said that would be simplistic.
“Under that philosophy, nobody should ever get AR,” Thomas said, noting the judge considered Muoio’s whole life, not just her thefts from Derby’s elderly. “There were many other factors.”
The Derby Mayor’s Office also issued a prepared statement on the sentencing Thursday evening:
Derby Mayor’s Press Release by The Valley Indy on Scribd
