SMETHPORT — President Judge John Pavlock is asking for briefs from both the prosecution and defense on a motion to dismiss some charges faced by a woman accused of stealing more than $273,000 from her employer.
Laurie A. Recny, 37, of Bradford, appeared Friday in McKean County Court for what was scheduled as a hearing on a motion to throw out the oldest charges against her. She is facing allegations she took $273,118.09 from Worth W. Smith Co. over a period of 10 years while she was employed there.
The attorneys met in judges chambers for more than half an hour, while Recny waited in the courtroom. Once the judge and attorneys came to the courtroom, the appearance was brief.
Pavlock did not make a ruling on the motion, but District Attorney Stephanie Vettenburg-Shaffer stated her intention to add two more counts — a charge of theft by deception and a charge of theft by failure to make required disposition of funds, both second-degree felonies — bringing the total number of charges to 15. Both counts allege Recny took an amount of $273,118.09, more or less.
After Shaffer spent a few minutes clarifying the information for the amendments to the charges, Pavlock granted them. He noted that the new charges do not allege new facts in the case.
Pavlock directed the defense and prosecution to each file a brief within 20 days on the motion; then, each side has five business days to file a response. Defense attorney Dennis Luttenauer said he would notify the court if a status conference is needed.
The original 13 charges are all charges of theft by unlawful taking, which were outlined at Recny’s preliminary hearing on Feb. 10, 2016. Of those 13, one encompasses the entire period from 2006 until she was fired in September 2015, and 10 charges cover each of the 10 years during that timeframe. One charge covers a length of time from Jan. 1, 2012, and the final charge covers a length of time from Jan. 1, 2009, to Dec. 31, 2011.
Luttenauer is asking that all charges that include alleged actions occurring before Dec. 10, 2010, be dismissed, as the statute of limitations for theft is five years. The criminal charges were filed on Dec. 10, 2015.
He is asking that seven of the 13 theft by unlawful taking charges be dismissed.
Meanwhile, Shaffer had argued at an earlier court appearance that an exception to the statute of limitations would be if the action was a continuing course of conduct, which she asserted this was.
Recny is free, having posted 10 percent of $25,000 bail. A jury trial is scheduled for March 27-28.
