In front of a crowded courtroom Thursday morning, Judge Gary McCorvey handed down the sentence after a restitution hearing was held that lasted over two hours. During the hearing, Judge McCorvey heard from both the prosecution and the defense as to why or why not O’Brien should pay restitution. The prosecution called the CPA to the stand who first discovered the missing money, and he proceeded to explain exactly how they realized that money was missing. According to the CPA, they printed cash receipts, money order and check receipts, and deposit slips and noticed that none of them were matching up. This led into a bigger investigation that eventually revealed over $433,000 in missing monies. After being cross-examined, the CPA was excused from the stand, and the defense then called four character witnesses of their own.
At the end of the character witnesses, Defense Attorney then called Margie O'Brien to the stand. During the time on the stand, O'Brien, while during questioning by her attorney, Converse Bright, reminded the court that she voluntarily resigned her post and could still be working and drawing a salary to this day if she would have wanted to. When asked why she didn't, O'Brien responded with, "I can't stand going out into public and wondering what people are thinking about me." In an attempt to try and prove that O'Brien shouldn't pay restitution, the defense then went on to explain that O'Brien only has an income due to her husband's job of about $2,600 a month and that her bills total over $3,000 a month and that she has to rely on help from her family to make ends meet. Bright went on to explain that with things they way they currently were, O'Brien couldn't afford to pay a monthly restitution payment and shouldn't have to. Upon cross-examination, Deputy Attorney General David McGlaughlin stated, "This is a very tough situation, Mrs. O'Brien, but you will still have time to redeem your family's name." He then went on to explain to the court that about $1,000 of O'Brien's bills were to DirectTV and cell phones and that money could be used to pay restitution. Also during the cross-examination, O'Brien admitted to taking some money to buy lunch for herself and the Probate Office employees but stated that she always put it back. McGlaughlin finished by asking O'Brien why she couldn't find a job in the two years since she resigned, and she replied with, "There are some days that I can't even get out of bed." The prosecution closed by suggesting a four-year prison term and 30 years of probation plus restitution.
In his closing statement, Defense Attorney Converse Bright stated in reference to O'Brien, "You can't expect somebody to survive four years in prison with diabetes, hypertension, anxiety, and clinical depression. She may not survive four years. We think that four years may be a death sentence for somebody in her health. She's paid a lot emotionally and has already committed herself to house arrest. I've already made my point on restitution. To order somebody to pay when they can't is setting them up to fail, and the Georgia Court of Appeals will see it that way." The defense then suggested only a two-year prison term.
In his closing remarks before the sentence was handed down, Judge McCorvey stated, "People don't normally go to prison for a first offense of theft by taking." He then went on to say, "We can't afford to put people in prison that we are mad at. We put people in prison that we are afraid of, and nobody in here is afraid of Mrs. O'Brien. Prison should be reserved for child molesters, murderers, and rapists."
According to court documents, Atkinson County has already received $124,000 from a bond to cover part of the missing money. O’Brien would be responsible for the remaining $309,000. Judge McCorvey also ordered that upon completion of her prison sentence, O’Brien would be given no less than six months to find suitable employment before restitution payments would begin on a monthly basis.
O'Brien pleaded guilty to 10 counts of theft by taking in late November, a week prior to a trial date that was set for December 3rd.
On Thursday morning, O'Brien was sentenced to 15 years of probation for one count of theft by taking to be served concurrent to the three-year prison sentence. She was also sentenced to 15 years of probation for another count of theft by taking to be serving consecutively to the other 15-year sentence.
Tifton Circuit Judge Gary McCorvey presided over the case due to a law that prohibits judges from a circuit from hearing cases pertaining to judges that serve in the same circuit.
The plea deal reduced the charges against O'Brien down to just 10 counts of theft by taking. The original indictment included 81 counts of theft by taking and two counts of racketeering in the case of over $430,000 in missing funds.
In the indictment, O'Brien was charged with taking cash transactions from firearm licenses, marriage licenses, hunting violations, moving violations, criminal violations, and other means, and keeping the funds for herself and covering the deposits with checks that had been paid into the office.
At the conclusion of the sentencing, Deputy Attorney General David McGlaughlin stated that the state had no problem with O’Brien taking a few days to get her affairs in order before reporting to begin her sentence. Judge McCorvey took this into consideration and ordered O’Brien to report on Monday, February 18th to begin her sentence.
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Former Atco Probate Judge Sentenced to 30 Years for Role in Missing $430,000+ in Missing Probate Court Funds
Bet she's not feeling too good now!
ReplyDeleteThis REALLY makes my day! Hope she likes orange!
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