DISMISSAL OF CHARGES ENDS RETRIAL : SHELTON EMBEZZLEMENT CASE DROPPED AFTER $2,000 DONATION.Byline: Karen Maeshiro Daily News Staff Writer Embezzlement embezzlement, wrongful use, for one's own selfish ends, of the property of another when that property has been legally entrusted to one. Such an act was not larceny at common law because larceny was committed only when property was acquired by a "felonious taking," i. charges were dropped against Lancaster Councilwoman Deborah Shelton's husband after he donated do·nate v. do·nat·ed, do·nat·ing, do·nates v.tr. To present as a gift to a fund or cause; contribute. v.intr. To make a contribution to a fund or cause. $2,000 to a Rotary Rotary can refer to:
Tom Shelton was accused of depositing into his auto-restoration business bank account $1,500 from a foreign exchange student who lived with the Sheltons last fall as part of a Rotary Club program. ``The money in the hands of a charity would probably benefit the community more than sending him to jail at this point,'' said Deputy District Attorney Jeff Gootman. ``We believe there was sufficient evidence to retry re·try tr.v. re·tried , re·try·ing, re·tries To try again. Verb 1. retry - hear or try a court case anew rehear it; however, the community would be benefited by $2,000 to a noble charity.'' The dismissal came Monday, the day that Shelton's second trial was scheduled to begin. His first trial ended in a mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be in July with jurors deadlocked dead·lock n. 1. A standstill resulting from the opposition of two unrelenting forces or factions. 2. Sports A tied score. 3. 10-2 in favor of a guilty verdict. Gootman also cited as factors the cost of a trial that would tie up the court and the fact that Shelton had no prior record. Shelton's donation went to the Rotary Club foreign exchange student fund. Shelton's attorney, Dawn Reichman, said her client feels vindicated, and that prosecutors realized that he had not intended to commit a crime when he deposited $1,500 in travelers checks belonging to the girl into his business bank account. ``He never had any criminal intent,'' Reichman said. ``He admitted he had done something that wasn't the wisest thing, but it was not criminal in nature.'' Gootman disagreed, saying he was able to convince 10 of 12 jurors in the first trial that there was criminal intent on Shelton's part. During the first trial, Reichman characterized char·ac·ter·ize tr.v. character·ized, character·iz·ing, character·iz·es 1. To describe the qualities or peculiarities of: characterized the warden as ruthless. 2. the charges as part of a conspiracy by the political enemies of Deborah Shelton Deborah Shelton (born November 21, 1948) is an American beauty queen and actress. Shelton first won the Miss Virginia USA title and was subsequently crowned Miss USA in May 1970. . The two-day trial was conducted by visiting Judge Martin Suits, who was brought in from Van Nuys because local judges were not willing to hear the case. Maturot Euanontat, a 18-year-old from Thailand who lived with the Sheltons under a Rotary Club exchange program, testified that she had asked Shelton to deposit $1,500 in travelers checks into her account. However, while waiting in line at his bank, Shelton said he received an emergency page and deposited both her money and his into his business account. Shelton has said in newspaper interviews that he never intended to keep the money, and that it was returned to the student in February before charges were filed. Sheriff's deputies said they began investigating after receiving an anonymous telephone call. Reichman claimed that prosecutors were pressured by Deborah Shelton's political enemies to file charges. Reichman said the judge did not allow her bring in witnesses to prove that. Local prosecutors denied that they were under political pressure to file charges. Before the start of the trial, Suits threw out defense subpoenas requesting former state Republican Party Chairman Frank Visco and Lancaster attorney R. Rex Parris to testify To provide evidence as a witness, subject to an oath or affirmation, in order to establish a particular fact or set of facts. Court rules require witnesses to testify about the facts they know that are relevant to the determination of the outcome of the case. at trial, and ruled that the testimony of sheriff's Lt. Tom Pigott was irrelevant, officials said. During the trial, Euanontat testified that she told detectives that Shelton at first told her that he had deposited her $1,500 in his account by accident, then said he had financial problems and could not withdraw the funds. Euanontat said she never gave Shelton permission to use the money and said she approached him to inquire in·quire also en·quire v. in·quired, in·quir·ing, in·quires v.intr. 1. To seek information by asking a question: inquired about prices. 2. about her money at least four times between November and January, when there was no money left in her account. He responded by saying he would take care of it, Euanontat testified. Under questioning by Reichman, the student said she told Shelton that he did not have to pay the money back right away, that he could pay her back later, and she never set a date for him to pay her back. |
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