Unger embezzlement case to go to trial
By: Bryan Grossman, Tri-Lakes Tribune/The Gleneagle-Black Forest Tribune
09/27/2005
Several residents within the Forest View Acres Water District filed into the Division 4 courtroom in Colorado Springs Sept. 22 expecting to bring the Patricia Unger case to an end.
The criminal case against Unger - based on accusations that she embezzled perhaps as much as $625,000 over 10 years from the special district while managing its funds - was set to end with a plea by Unger, coinciding with agreements reached during two sessions of mediations.
When she approached the stand, however, her attorney Timothy Bussey informed Judge David Shakes that his client wished to take the case to trial.
Despite the mediation agreement becoming void due to the request for a hearing, the suppression order placed on the parties involved may remain intact, according to Robin Cafasso with the economic crimes division of the district attorney's office. Specific details of the meetings can't be released until the gag order is lifted.
The case will now go to a preliminary hearing on Oct. 13 where it will be decided whether there is probable cause to take the case to trial.
Detective Rick Frady and FVAWD Secretary Barbara Reed-Polatty have been subpoenaed to testify for the prosecution.
"There will be witnesses to take the stand at the preliminary hearing," Cafasso said. "Usually the lead detective on the case will testify. You don't need every witness that will testify at trial to take the stand. You only need enough to prove probable cause. Ninety-nine-point-nine percent of the time, these go to trial."
Cafasso said she expects, if the case goes to trial, it will be within several months of the preliminary hearing.
During mediation, a quasi-contract was signed by the parties involved and their representation outlining the agreement between them. According to Cafasso, that contract is not binding at any time.
"Basically, it doesn't mean anything," Cafasso said. "Whatever the agreement was, it can be changed, even up until the point of sentencing, a judge can look at it and say, 'No, I don't like what I see,' and change (the circumstances of the agreement)."
Unger is being charged with a class III felony, the penalty for which ranges anywhere from four-12 years of incarceration without consideration of aggravated or mitigating circumstances. Special circumstances can cut the sentence to as little as two years and extend sentencing to as many as 24 years in jail.
"Felony III charges for this sort of thing begins at $15,000 (stolen)," Cafasso said. "Unfortunately, there is not greater charge for higher sums of money taken. You could, then, take $16,000 or $16 million and you would be charged with a class III felony."
Cafasso explained, though, that millions taken would probably fall within the realm of aggravated circumstances and net a harsher sentence.
During mediations, both the criminal case and the civil case against Unger were discussed.
Dennis Unger, the husband of the accused, was also named as a defendant in the civil case.
Forest View Acres resident Micheale Duncan said she was extremely disappointed the case did not come to a close last Thursday.
"Unfortunately, I expected the exact outcome of this mediation attempt even though I truly hoped to be wrong," Duncan said. "It's a monumental setback to our district and to the current board members who desperately hoped to retrieve some of the stolen funds for badly needed operating capital."
Representation for the Ungers could not be reached for comment prior to press time.
In other business:
The district hired Special District Management Services, Inc. of Littleton on Sept. 14 to take over management responsibilities.
Reed-Polatty said the district is currently transitioning those responsibilities.
©Colorado Community Newspapers 2005
