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Mitchener's motion for dismissal denied

Friday, June 19, 2009

(Photo)
Mitchener
A motion to dismiss one of the charges against a Roachdale woman accused of stealing more than $56,000 from local special education cooperative Old National Trail has been denied.

Putnam County Circuit Court Judge Matthew Headley denied the motion, filed by Tammy Y. Mitchener's attorney Robert C. Perry, on Thursday.

Mitchener has been formally charged with Class C felony corrupt business influence (also known as racketeering) and Class D felony theft.

The Class C felony charge was filed because Mitchener allegedly wrote $56,639.19 worth of checks from the ONT account to PC Technologies, a dummy corporation the Putnam County Prosecutor's Office said she created and set up a bank account for.

Perry argued that because PC Technologies and Mitchener herself were not separate entities, she should not have been charged with corrupt business influence.

Perry also said Mitchener, as an individual, could not be considered an enterprise.

A response from the state prepared by Deputy Prosecutor Justin Long said, "Tammy Mitchener did not just commit a simple theft. She did not steal checks from Old National Trail and cash them. She set up a fake business with a name similar enough to a current vendor as to not create suspicion from her superiors and to help cover up her crimes."

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.

Mitchener, 33, is set to be in court for a change of plea hearing on June 25. She was employed by ONT as its treasurer when the alleged thefts occurred. She was arrested on Dec. 2, and was released from jail that day after 10 percent of a $10,000 bond was posted.

Mitchener is accused of committing the crimes she is charged with between Feb. 24, 2008 and Oct. 31, 2008, court documents said.

An audit conducted by the Indiana State Board of Accounts showed that ONT also lost more than $52,000 as a result of Mitchener's alleged misconduct.

On June 10, five new charges -- four counts of Class C felony forgery and a count of Class D felony official misconduct -- were filed against Mitchener. Those charges were filed because further investigation revealed that Mitchener may have intentionally changed records to reflect that ONT payments went somewhere other than to PC Technologies, and also that she signed another woman's name to the checks.

She has yet to appear in court and plead to those charges.

If convicted on all charges, Mitchener could face more than 40 years in prison.


Comments
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Could this woman possibly be allowed to re-take her mug shot? She doesn't have to smile, but at least open her eyes. If not, maybe the Banner can at least, photo-shop a pair of cartoon eyeballs.

-- Posted by Xgamer on Fri, Jun 19, 2009, at 4:34 AM

I think the paper should not even allow comments on this article. But wait, this is what many of you like to do. Some of you delight in putting others down, commenting on things they do not have all the facts about, and judging people and their families.

-- Posted by teach4ever on Fri, Jun 19, 2009, at 6:47 AM

Good, I'm glad they denied dismissing the charges. What a releif a theif in Putnam County may end up going to jail.

-- Posted by dcsaiht on Fri, Jun 19, 2009, at 7:57 AM

Oh Xgamer you cracked me up!

-- Posted by mal on Fri, Jun 19, 2009, at 8:06 AM

No need to retake the mug shot, this is the way she always looks. She is looking down her nose at the little people.

-- Posted by mad-mom on Fri, Jun 19, 2009, at 8:11 AM

just think how she'll look down on her cellies!

-- Posted by gottokno on Fri, Jun 19, 2009, at 9:11 AM

All things in life come full circle. Enjoy the rest of yours Tammy!! Remember all the times you looked down on people!

-- Posted by RDALERESIDENT on Fri, Jun 19, 2009, at 2:35 PM

I really get sick of seeing this picture of this inmate in the paper. I agree, a better mugshot would be nice, since we see so much of her.

I don't understand how Tammy Wade can steal more money than Tammy Mitchener, but Tammy Mitchener gets possibly 40 years in prison...while Tammy Wade gets to enjoy the comforts of home. This makes no sense. Can someone explain this?

Both of these women should have to sell all their assets AND WORK and pay back this money.

-- Posted by just a local on Fri, Jun 19, 2009, at 3:50 PM

And by the way... a note to teach4ever...It's called Freedom of Speech. Not freedom to lie, cheat and steal and then be protected from the harsh comments from law-abiding citizens who get tired of this Crappolla who simply want to speak out about it. So sorry if poor Tammy's feelings are being hurt. :( "Them's just the consequences for her actions"

People who lie, cheat and steal end up costing the taxpayer LOTS of money...not just the victims that they stole from.

Thank you Banner Graphic for allowing the citizens of the community to have a place to voice their opinions.

-- Posted by just a local on Fri, Jun 19, 2009, at 3:59 PM

teach4ever..then it looks like you fit right in. Seems you can't keep your judgmental comments to yourself either.

Anywho...breaking the law and then bit*hing about getting in trouble and getting negative comments from others, is sort of like touching the red hot stove and then whining that you burnt your finger. She knew what she was doing was wrong, not to mention stupid and could come with repercussions. She is an adult!! Don't whine about "Oh she made a mistake..and she is sorry" Bullcrap! She is sorry she got caught and is facing jail time. Period! If she hadn't got caught, she would have been out buying christmas presents with stolen money this year too. I have no sympathy for her. Only for her children that have to be drug into the middle of this because of her selfish stupidity.

-- Posted by putnammom on Fri, Jun 19, 2009, at 8:14 PM

Why is this woman still in the news? She has done wrong and should be made to pay for her crime. I know of people who have been caught with drugs, guns, etc. that haven't gotten as much media attention as this woman. The best she deserves is a comment on the last page. There are more important things going on in Putnam County than a thief who should be made to pay back twice the amount she has stolen.

My sympathies lie with her children, who she didn't give a darn about while she was stealing, what a role model for her own children!!! Put her away and don't let her continue to hurt her children by being in the news daily.

-- Posted by whatnext on Sat, Jun 20, 2009, at 8:39 AM

Hopefully her children learn the lesson that maybe she should of learned when she was young: Material things are not what's important. Maybe she will have a little time to think about that if she is sentenced, I don't think they sell Gucci on commisary!

-- Posted by WTFRUthinkin on Sat, Jun 20, 2009, at 1:23 PM

Everytime I read these blogs I feel like I am in line at the grocery store and trying not to let anyone see me read the tabloids. Curiousity, yet shame for being nosey in someone's business! That being said, I just think that if I were Tammy I would be getting to know my family in Korea real fast. I think I would get my kids and husband and take a really long trip to another country. Maybe send some $ every once in awhile to pay back my debt. I know Tammy snobs everyone, ALWAYS has! However, the main thing is that she pay back the ONT in full. And maybe be made to sell all her prized possesions. And you know how drug criminals have to be tested maybe she should be tested like not being allowed to buy all her new name brands for say 40 years. Seriously knowing Tammy that would crush her more than a cell mate. Good Luck Tammy! We all mess up, just at least try harder to look sorry! Peace!

-- Posted by upallnightrocker on Sat, Jun 20, 2009, at 10:43 PM

I like the insight coming from the rocker! Wearing clothes from Goodwill may be considered torture as defined by the defense department.

History has shown that the "coal raking" people get from this blog is sometimes more severe than the punishment handed to them for their crimes.

-- Posted by Xgamer on Sun, Jun 21, 2009, at 5:37 AM


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