Published: July 09, 2009 11:54 am      

Former Rusk clerk pleads guilty to theft by public servant

By Cristin Ross

cross@jacksonvilleprogress.com

Former Rusk utility clerk Doris Robinson pleaded guilty to theft of over $100,000 by a public servant first thing Wednesday morning, as her trial on that charge began. She was sentenced by the jury to 10 years’ probation including restitution in the amount of the theft and a $5,000 fine.

City officials declined to comment on the trial’s outcome.

Robinson, 62, of Jacksonville, was on trial Wednesday after being indicted for embezzling an estimated $143,000 from the city of Rusk, while she worked as the city’s utility billing clerk and bookkeeper. While she waived her right to a jury trial, she did opt to have the predominantly white jury hear testimony for the sentencing portion of the trial. After hearing from witnesses called by Cherokee County District Attorney Elmer Beckworth and character witnesses called by Robinson’s defense lawyers, jurors — six men and six women — deliberated for just over 45 minutes before returning her sentence.

District 396th Judge Bascom Bentley added his own stipulation that Robinson make her restitution within four years, with payments of at least $10,000 due, Dec. 31 of each year.

“You got to pay this back,” Bentley said. “I don’t care what it takes, I want it done. Greed does not begin to describe what you did. You’ve shamed yourself, your family, your children — you violated the trust of the public.

“It may hurt (to pay the debt off in four years) — I hope it does.”

According to testimony, the theft was discovered when the city of Rusk hired CPA Anita Woodley to help the city prepare for an audit. Woodley told the court she realized discrepancies on several deposit slips and daily reports made during the time period of June 2004 through July 2006. Upon reporting those discrepancies to the city, Rusk officials hired David Stafford, a fraud examiner.

Stafford testified he found all disparities pertained to the amounts of cash payments reported on the daily reports compared to the amounts of cash reported deposited.

“In comparing the daily reports to the deposit slips, there were variances in many cases,” Stafford said. “For example, if the report totaled $10,000 — $7,500 in checks and $2,500 in cash — the deposit slip would show $9,500 in checks and $500 in cash.”

Robinson’s defense lawyer Charles Medlin asked if any checks cashed on the city cash drawer would skew Stafford’s numbers.

“Hypothetically,” Medlin said, “if an employee cashed a $2,000 check (on the utility cash drawer), would that throw your analysis off?”

Stafford answered yes.

Court records indicate the theft occurred when Robinson would take the cash, report the missing funds as deposited checks and adjust certain utility accounts to zero.

City officials said while some account holders did complain about their bills on occasion, no one’s service was ever disconnected as a result of Robinson’s actions.

Testimony from other city employees, including former City Manager Kevin Bowden, City Secretary Fran Wendeborn, current Utility Billing Clerk Rosalin Brown and utility secretary Pam Tyer and former city clerk Jessica Collins, asserted no other staff member adjusted an account for any reason.

Rusk City Manager Mike Murray took the stand and explained the city makes adjustments to water customers’ accounts in the event of leak or other problem, using a specific formula.

“An account is never adjusted to zero,” Murray said when Beckworth asked if that practice was the norm.

After a recess for lunch, the defense team of Medlin and John Green called several of Robinson’s family members and longtime friends as character witnesses, to speak on behalf of Robinson, including Robinson’s daughter and husband; and friends, Odell Hinton, Sweet Union Baptist Church Pastor Williams and Charles Goten.

Robinson’s daughter Tracy Robinson took the stand to ask the jury to not give her mother any jail time. Robinson audibly broke down in tears as her 39-year-old daughter spoke to the court.

“I’m begging you guys to not send my mom to jail,” Tracy Robinson told the jury, voice thick with emotion. “I need her. This is all so tragic. I almost lost my daughter recently and I just don’t know what I would do without her. To send her to jail would just devastate our family.”

Jacksonville Councilman Hubert Robinson, the accused’s husband, testified his wife of 42 years is a hard-working, Christian woman with health problems.

“(Going to jail) would be very hard on her, on us,” he said. “She is the backbone of this family.”

Beckworth asked both family members and other of the defense’s witnesses how much they were willing to help her pay her restitution, if called on.

“I’m prepared to help her, up to $100,000,” Hinton said

In their closing arguments, both prosecution and the defense reminded the jury guilt wasn’t the issue — an appropriate punishment was.

“It’s your choice, it’s up to you to decide what is right, what is just,” Beckworth said.

Medlin reiterated Robinson’s health problems and her contributions to her church and community.

“Doris Robinson is still a good, valuable person,” he said. “She stood up and took responsibility. Sending her to prison would devastate her family, her friends, her community. You don’t have to do that.”