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Saturday, Sep. 5, 2015

Mitchener files for dismissal

Friday, May 22, 2009

(Photo)
Mitchener
The attorney representing a Roachdale woman accused of stealing more than $56,000 from a Putnam County special education cooperative has filed a motion to dismiss one of the two felony counts his client is facing.

Tammy Y. Mitchener, 33, is charged with Class C felony corrupt business influence and Class D felony theft. She is accused of writing $56,639.16 in checks to PC Technologies -- a dummy corporation Mitchener created and set up a bank account for -- from the account of Old National Trail Special Education Cooperative, where she was employed as the treasurer from July 2007 to November 2008.

Earlier this week, Mitchener's attorney, Robert C. Perry, filed a motion to dismiss the Class C felony.

"The facts alleged in that count do not constitute the crime charged," the motion said. "The information charges that Mitchener was employed or associated with an enterprise named PC Technologies, and participated in the activities of PC Technologies through a pattern of racketeering activity. However, in fact, PC Technologies was not an enterprise separate from Mitchener."

Because Mitchener and PC Technologies were technically one and the same, the motion said, the charge against Mitchener is not valid and does not violate any Indiana code.

The thefts are alleged to have occurred between Feb. 24, 2008 and Oct. 31, 2008. In addition to the checks she allegedly wrote to herself, an audit done by the Indiana State Board of Accounts showed that ONT lost more than $52,000 in penalties and interest paid to the Internal Revenue Service and the Indiana Department of Revenue due to Mitchener's negligence.

The court gave the state until June 11 to respond to the motion. Mitchener had been set to go to trial on July 15, but she is now set for a change of plea hearing on June 25.

If convicted on both counts, Mitchener could face up to 11 years in prison.

She was arrested on Dec. 2, and was released from jail that day after a family member posted 10 percent of a $10,000 bond.


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"Because Mitchener and PC Technologies were technically one and the same, the motion said, the charge against Mitchener is not valid and does not violate any Indiana code."

By this attorney's logic, his accountant and his accountant's company are one and the same. So there would be no crime if the accountant wrote unauthorized checks to his company from the attorney's bank accounts? Somehow I doubt he would look at this the same way if it was his money.

-- Posted by tackleberry65 on Fri, May 22, 2009, at 7:14 AM

It says,"I'm guilty,but I'm looking for loop-holes"

-- Posted by honestyisbestpolicy on Fri, May 22, 2009, at 8:50 AM

So how did the FBI finally get John Gotti? I guess if you live in Putnam County and get a local attorney, who's a member of the good 'ole boys club, anything flies! Sorry about your luck kids with disabilities.

-- Posted by specialfriend on Fri, May 22, 2009, at 9:52 AM

Lawyers! A necessary evil in our court system, I guess.

-- Posted by not gullible on Fri, May 22, 2009, at 12:07 PM

Give her the chair; come on she is a thief and should be treated as one. I think she should have to repay every dime in fair amount of time and not take 10 years. She should be sent to jail along with doing community service and probation upon her release. Just look she is being judged right here, that is bad enough. I wonder if she knows to look at these opinions of her?

-- Posted by dcsaiht on Fri, May 22, 2009, at 1:59 PM

She's not trying to loophole out of anything...the second charge would be the same as saying that if someone's caught smoking pot, they're also guilty of dealing drugs...to themselves.

Ms. Mitchener's not very popular in this county right now but you can't tell the judge to hurt people 'cause you don't like 'em. Besides, if the trumped charge isn't dropped, the prosecution risks losing on both counts when it goes to trial.

-- Posted by westforty on Fri, May 22, 2009, at 2:10 PM

Old National is not out one penny! All the money has been repaid.But,the Banner- graphic doesn't report that.They just want to repeat the same old story.She did wrong.but,she is doing everything she can to make it right. For all you people that want to judge everyboby, maybe, you need to look at yourself and see if you can say , I never did anything wrong. Then maybe you can talk about someone else.

-- Posted by therealstory on Fri, May 22, 2009, at 9:35 PM

I'm not perfect, but I never jacked 56 Grand. If she doesnt serve any time in prison it will send out a message that stealing is ok. Don't do the crime if you can't pay the time!

-- Posted by 1stamendrights on Fri, May 22, 2009, at 10:22 PM

To the therealstory, She may have paid the money back, but she still stold the money to begin with. This is a crime in Indiana (and most other places on the earth). She is, I'm shure, a nice person, but she still defrauded the the people that entrusted her with their (not her) money. I do not care if it was for Kids with disabilities, or for folks that have everything, this was a crime. She needs to answer to the court system for it. Do I think the courts have been fair and impartial in this county,NO, all you need to do is read the paper or get into a scrape yourself and find out that there are different sets of rules, but all of us elected them (except the sherrif that was appointed, because the one we elected is in jail). My point is, do not break the laws we elect people to make for us, and no one will have to write comments in the paper about you telling the rest of us that you are not really a bad person.

-- Posted by uncommonsense on Fri, May 22, 2009, at 10:46 PM

To therealstory no one is claiming they are perfect but, she stoled the money. I can not say I have never done anything wrong, but I have never stoled 65 thousand dollars from someone. And if she had 65K lying around to pay it back why did she steal it. That is alot of money to just come up with in addition to attorneys fees and bail. It doesn't sound like she needed it as much as she wanted it.

-- Posted by dcsaiht on Sat, May 23, 2009, at 6:46 AM

If she paid it back why are we paying for a trial? She needs to plea bargain out and save tax payers money.

-- Posted by mad-mom on Sat, May 23, 2009, at 7:34 AM

I know she did a crime,and she willing to take what ever the court says she should do. But, everybody wants to judge people on the half facts the Banner-Graphic prints. Not just this story, but, all the stories they print. They cannot sell papers ,so they just print the same stories over with the same information. They don't work to get all the facts in story,only the ones that make good headlines.So, how can anyone set at home and judge a person ,if you don't have all the facts?People make mistakes in life,and the courts judge them on all the facts. We elect them do do this, but when they do their job. all people want to do is write in and say they did a bad job. But, we don't know all the facts, as the judge does. So how can we set at home and say what the court does is right or wrong?It's very easy to set at a computer and hide behind a Username,so nobody knows you, and say bad things about people.We have the right as Americans to talk and write freely.But we need to think and get the real story,before,we say or call a person names,whoever they are.

-- Posted by therealstory on Sat, May 23, 2009, at 8:11 AM

therealstory is that she is a crook and should pay for the crime that she committed.

-- Posted by 1stamendrights on Sat, May 23, 2009, at 10:22 PM

Where did the money come from that repaid ONT?

-- Posted by johndeeregreen on Mon, May 25, 2009, at 1:46 PM

"She's not trying to loophole out of anything...the second charge would be the same as saying that if someone's caught smoking pot, they're also guilty of dealing drugs...to themselves.

Ms. Mitchener's not very popular in this county right now but you can't tell the judge to hurt people 'cause you don't like 'em. Besides, if the trumped charge isn't dropped, the prosecution risks losing on both counts when it goes to trial.

-- Posted by westforty on Fri, May 22, 2009, at 2:10 PM "

I understand now. I read the story wrong. They aren't trying to get the theft charge dismissed, only the corrupt business influence charge. Makes more sense now.

-- Posted by tackleberry65 on Tue, May 26, 2009, at 7:58 AM

Just let the courts do their job and get the factual information to do their job.I agree there is too much of this type of thing happening in this community. There are other incidents of stealing money in this county in the past that never was even in the banner graphic.And I know of one particular incident and that person did jail time-nothing was in the banner-don't believe the money was even paid back.There are a lot of things that go on that is never reported.

-- Posted by bam on Thu, May 28, 2009, at 6:56 AM

She didn't have the money....I'm sure her family paid ONT, lawyer fees, and anything else she needs right now. I'm sure she will get something out of this...what she deserves...I'm guessing not...I have a child who is in the ONT system and think it is low life to have taken money from children funding. In the end she will answer to only one person and HE is a forgiving person and if she is ask for forgivness she will be forgiven by the only person that matters in the end.

I do understand that people think she is rude and thinks she is better than the next person. I have seen her in action and been over to her house and heard her talk about people and talk about the people she called friends...but like I said in the end she will pay or she will be forgiven.

-- Posted by northcounty08 on Thu, May 28, 2009, at 8:08 AM

The bottom line is she is a thief.She stole money and got caught. Now she has to face the charges. Paying back what she stole does not mean she isn't just as guilty.

-- Posted by jimsgirl on Mon, Jun 1, 2009, at 9:55 PM


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