`Equal opportunity financial predator' gets jail; Dudley woman stole from great-grandmother, grandparents.

Byline: Gary V. Murray

WORCESTER - A Dudley woman was sentenced to jail yesterday after admitting in court that she electronically siphoned more than $85,000 from the bank accounts of her grandparents and 84-year-old great-grandmother and stole the identities of her sister and a patron at a restaurant where she worked.

Ashley N. Day, 23, formerly of 16 Schofield Ave., Dudley, was sentenced to 18 months in the House of Correction, to be served at Framingham State Prison, after pleading guilty in Worcester Superior Court to four counts of larceny of more than $250 by a single scheme, eight counts of identity fraud, four counts of credit card fraud and one count of attempting to commit a crime.

Judge Robert C. Cosgrove also placed Ms. Day on probation for five years, to begin upon her release from custody, and ordered that she pay restitution in an amount to be determined by the Probation Department. Ms. Day was given credit for 245 days spent in custody awaiting trial.

Assistant District Attorney John A. O'Leary said a police investigation showed that Ms. Day stole about $72,000 from the savings account of her great-grandmother, Norma Apostol, and about $16,000 from the checking account of her grandparents, Thomas and Alice Apostol, over a period of several months in 2005.

The prosecutor said Ms. Day lived "a life of luxury" with the stolen money, paying off credit cards, taking trips to Germany and Mexico and buying a new Acura MDX car before moving to Orlando, Fla.

When she was taken into custody by law enforcement officials in Florida in August, Ms. Day was found with credit cards in others' names, $30,000 in gift cards, stolen checks and $4,500 in cash, according to Mr. O'Leary.

After being extradited to Massachusetts and released on her own recognizance over prosecutors' objections, Ms. Day obtained a credit card in the name of her sister, Brittany Day, and used it to make or attempt to make transactions totaling about $8,000, according to Mr. O'Leary. She also used the credit card information of a patron at Zorba's Pizzeria Tavern in Charlton, where she worked as a waitress, to buy gift cards, the assistant district attorney said.

Describing Ms. Day as "an equal opportunity financial predator," preying on relatives and strangers, alike, Mr. O'Leary recommended a sentence of three years to three years and three months in state prison with probation and an order of restitution.

Ms. Day's lawyer, Thomas J. Giblin III, recommended a jail sentence of 6 to 12 months, probation and an order of restitution.

"She's been punished. She's been in a place where she has suffered, I would say, very significantly over the last eight months," Mr. Giblin said of his client's pretrial detention at Framingham State Prison.

Mr. Giblin told the court Ms. Day was sorry for her actions, which he said were spurred on by an unnamed individual with whom she became involved.

He also said Ms. Day had no prior record and that her grandparents and great-grandmother had indicated they had no interest in pursuing the charges against her.

Ms. Day apologized to her sister in court and said she was eager to begin paying restitution to her victims.