by Elizabeth Larson
LAKE COUNTY, Calif. – On Monday a judge sentenced a former Lake County
Social Services employee to jail time, probation, restitution and
community service for a case involving the theft of more than $13,000
from people under conservatorship, with some of the thefts including
COVID-19 relief funds.
During the brief Monday afternoon sentencing, Judge Andrew Blum passed the sentence on 45-year-old Lakeport resident Susan Marie Marlowe.
Marlowe previously worked as a deputy public guardian and deputy public administrator for Lake County Adult Protective Services, which is part of Social Services.
In August, the Lake County Sheriff’s Office arrested Marlowe following a four-month-long investigation.
The sheriff’s office said Lake County Social Services reported the theft of debit cards from one of their offices at the start of April 2021, about three weeks after Marlowe’s employment ended with the county.
Those debit cards were issued as part of the economic impact payments to individuals who were under conservatorship with Social Services. A total of 21 of the cards, each with a value of $600, were reported missing, authorities said.
During the investigation it was determined Marlowe had access to the debit cards. Investigators also found that Marlowe had taken seven large withdrawals totaling $12,400 from the bank account of one of her conservatees. Authorities said Marlowe used fake invoices for repairs that didn’t occur to the conservatee’s home to take the funds.
A March complaint the District Attorney’s Office filed against Marlowe included five counts: elder abuse, embezzlement by a public officer, embezzlement, larceny and identity theft.
Through a plea agreement, Marlowe pleaded to the complaint’s count two, felony embezzlement by a public officer, with the rest of the counts dismissed with a Harvey Waiver so the court could consider the conduct in those counts in rendering a sentence. “This is especially important for restitution issues,” Senior Deputy District Attorney Rachel Abelson told Lake County News.
The plea agreement called for probation and a maximum of 120 days in county jail. “The decision of jail time was to be left open to the court if the court accepted the plea agreement,” Abelson said.
The Lake County Probation Department report recommended probation and 20 hours of community service, but no jail time, which Abelson argued against during the hearing. She said later she suspected no jail time was an oversight.
Pointing out that Marlowe had been in a position of trust as well as the amount of money taken, Abelson said she’d seen petty theft cases receive significantly more jail. She asked for the court to sentence Marlowe to 120 days in jail.
Defense attorney Sterling Thayer said the Probation Department isn’t shy about recommending tougher sentences, adding that petty theft cases involving people with records of repeated theft often do get more jail time.
However, Thayer argued that Marlowe’s case was an “isolated incident” and she wouldn’t err this way again. He said she was apologetic, realized what she did was wrong and has guaranteed she will pay restitution.
“Essentially she made a mistake and this is the best way to make amends,” to allow her to be on probation so she can pay people back, said Thayer, adding that putting her in jail will jeopardize her employment and her ability to pay back what was taken.
Judge Blum didn’t accept Thayer’s argument. “I was shocked that I saw Probation doesn't recommend that I give her any jail time,” he said, adding he didn’t agree with that recommendation.
As to whether jail time jeopardized Marlowe’s employment, “The fact that she stole from her last employer might do that too,” said Blum.
He said Marlowe was in a position of trust and stole COVID-19 relief money. “This is completely appropriate to give her a significant amount of jail time.”
Blum said the amount of money taken was large enough to justify a prison sentence, but Marlowe had no previous criminal record, which counted in her favor. He wanted her to pay restitution and said sending her to prison would make that more difficult. Blum also found she has the ability to pay fines and fees.
Blum sentenced Marlowe to two years formal probation and 20 hours of community service, pursuant to the plea agreement, and ordered her to serve 120 days at the Hill Road Jail. She did not previously serve any jail time so has zero time-served credits.
The judge asked Marlowe if she understood and accepted the terms.
Marlowe, who attended the sentencing via Zoom and appeared to be sitting in a vehicle, asked if she was eligible for an alternative work program or home detention.
Blum said those are the sheriff’s programs and so up to that agency, not the court. Thayer said he believed she was eligible for those programs.
In addition to the other terms of her sentence, Blum ordered Marlowe to pay fines and set her turn in date to the Hill Road Jail for 9 a.m. July 27. She also has to report to the Probation Department on Friday.
At Abelson’s request, Blum set an Aug. 3 restitution hearing for Marlowe’s victims.
During the brief Monday afternoon sentencing, Judge Andrew Blum passed the sentence on 45-year-old Lakeport resident Susan Marie Marlowe.
Marlowe previously worked as a deputy public guardian and deputy public administrator for Lake County Adult Protective Services, which is part of Social Services.
In August, the Lake County Sheriff’s Office arrested Marlowe following a four-month-long investigation.
The sheriff’s office said Lake County Social Services reported the theft of debit cards from one of their offices at the start of April 2021, about three weeks after Marlowe’s employment ended with the county.
Those debit cards were issued as part of the economic impact payments to individuals who were under conservatorship with Social Services. A total of 21 of the cards, each with a value of $600, were reported missing, authorities said.
During the investigation it was determined Marlowe had access to the debit cards. Investigators also found that Marlowe had taken seven large withdrawals totaling $12,400 from the bank account of one of her conservatees. Authorities said Marlowe used fake invoices for repairs that didn’t occur to the conservatee’s home to take the funds.
A March complaint the District Attorney’s Office filed against Marlowe included five counts: elder abuse, embezzlement by a public officer, embezzlement, larceny and identity theft.
Through a plea agreement, Marlowe pleaded to the complaint’s count two, felony embezzlement by a public officer, with the rest of the counts dismissed with a Harvey Waiver so the court could consider the conduct in those counts in rendering a sentence. “This is especially important for restitution issues,” Senior Deputy District Attorney Rachel Abelson told Lake County News.
The plea agreement called for probation and a maximum of 120 days in county jail. “The decision of jail time was to be left open to the court if the court accepted the plea agreement,” Abelson said.
The Lake County Probation Department report recommended probation and 20 hours of community service, but no jail time, which Abelson argued against during the hearing. She said later she suspected no jail time was an oversight.
Pointing out that Marlowe had been in a position of trust as well as the amount of money taken, Abelson said she’d seen petty theft cases receive significantly more jail. She asked for the court to sentence Marlowe to 120 days in jail.
Defense attorney Sterling Thayer said the Probation Department isn’t shy about recommending tougher sentences, adding that petty theft cases involving people with records of repeated theft often do get more jail time.
However, Thayer argued that Marlowe’s case was an “isolated incident” and she wouldn’t err this way again. He said she was apologetic, realized what she did was wrong and has guaranteed she will pay restitution.
“Essentially she made a mistake and this is the best way to make amends,” to allow her to be on probation so she can pay people back, said Thayer, adding that putting her in jail will jeopardize her employment and her ability to pay back what was taken.
Judge Blum didn’t accept Thayer’s argument. “I was shocked that I saw Probation doesn't recommend that I give her any jail time,” he said, adding he didn’t agree with that recommendation.
As to whether jail time jeopardized Marlowe’s employment, “The fact that she stole from her last employer might do that too,” said Blum.
He said Marlowe was in a position of trust and stole COVID-19 relief money. “This is completely appropriate to give her a significant amount of jail time.”
Blum said the amount of money taken was large enough to justify a prison sentence, but Marlowe had no previous criminal record, which counted in her favor. He wanted her to pay restitution and said sending her to prison would make that more difficult. Blum also found she has the ability to pay fines and fees.
Blum sentenced Marlowe to two years formal probation and 20 hours of community service, pursuant to the plea agreement, and ordered her to serve 120 days at the Hill Road Jail. She did not previously serve any jail time so has zero time-served credits.
The judge asked Marlowe if she understood and accepted the terms.
Marlowe, who attended the sentencing via Zoom and appeared to be sitting in a vehicle, asked if she was eligible for an alternative work program or home detention.
Blum said those are the sheriff’s programs and so up to that agency, not the court. Thayer said he believed she was eligible for those programs.
In addition to the other terms of her sentence, Blum ordered Marlowe to pay fines and set her turn in date to the Hill Road Jail for 9 a.m. July 27. She also has to report to the Probation Department on Friday.
At Abelson’s request, Blum set an Aug. 3 restitution hearing for Marlowe’s victims.
Full Article & Source:
It's about time!!
ReplyDelete