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.