A 28-year-old Batavia woman with multiple arrests on her record was hoping for another chance at drug rehabilitation when she appeared in County Court this morning on a grand larceny charge. Instead, Presiding Judge Michael F. Pietruszka thought a minimum of one year in prison would be a more appropriate sentence.
Justine D. McWethy had previously admitted to stealing more than $90,000 $9,000 from Joseph L. Mancuso, Inc., 56 Harvester Ave. while employed there in 2014.
The thefts, said her attorney Lisa Kroemer, were the result of her addictions and suggested to Piertruszka that a prison term wouldn't help her become a productive member of society.
"That's not going to clean up her addiction," Kroemer said. "In order for her to be able to use her talents, which as pointed out in the probation report -- she has a modicum of education and she is an intelligent girl, if she could get past the addiction, she would be able to lead a productive and law-abiding life."
District Attorney Lawerence Friedman argued that based on McWethy's history and the nature of the crime, in which she researched, planned and carried out a complex scheme to defraud her employer, made her less than a suitable candidate for probation and a rehab program.
He asked the maximum available sentence under the plea deal, which was one and a third to four years in state prison, be imposed.
With several members of her family in the gallery, McWethy tearfully apologized for her crime and said she's written several letters of apology, feeling guilty for what she did every day since her thefts were discovered. And while she said she understood why Friedman thought she should be punished, she would really like a chance to conquer her addiction.
"I feel like this is not the person I was meant to be," McWethy said.
Pietruszka said he was taking into account two violations of probation in the past 13 months before imposing a one- to three-year prison term, where, he noted, she can apply for drug treatment available to some state prisoners.
McWethy was also ordered to pay back the full amount in restitution, starting with Mancuso and then paying back the several banks that also lost money as part of the scheme.
CORRECTION: We originally published that the amount of restitution exceeded $90,000. This was a mistake. I misheard the amount in court. The correct amount is $9,136. I apologize for the mistake.
Howard. While I certainly
Howard. While I certainly respect your right to report on a story and I certainly do not condone the actions of what this young lady has done it would be greatly appreciated if you would report the correct amount which is $9139.67 not $90,000. I know it makes little difference as far as what she did. And believe me. I don't agree with it. But let's report the facts as truthfully as we can. I was in the same courtroom. And so were several others. We all heard the same amount. Thank you.
We received a phone call from
We received a phone call from another member of the family and I confirmed with the DA's office and posted a correction. I misheard. I'm sorry.
Justine McWethy will be
Justine McWethy will be afforded the opportunity to receive drug rehabilitation when she is sent to the Albion Correctional Facility or Bedford Hills Correctional Facility. If she is truly sorry and repentant, she will insist upon it.
Too bad she isnt related to
Too bad she isnt related to that judge from Corfu that did the same thing with his daughter and for about 5K more $,- no time, to probation, just dont do it again and try to pay it back