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Neff's lawyer says fair trial not possible
Nov. 6 pre-trial hearing scheduled; trial date Dec. 1
Thelma Grimes/San Pedro Valley News-Sun
Although the attorney for Mescal resident Terri Jo Neff says she can't receive a fair trial in Cochise County, Deputy County Attorney Doyle Johnstun said to them it's just another case.
Neff's attorney, Les Boegemann, is debating whether to file a change of venue motion, stating there may be a conflict with the Cochise County Attorney's office.
Neff, chairman of the Mescal Fire District Board, has been charged with two felonies. In count one, the indictment states Neff knowingly controlled property of Robert F. Baker and Alana Baker in the amount of $49,480.51, a Class 2 Felony.
Neff worked as the office manager of Mescal Auto, owned by Robert and Alana Baker, between January 2004 and December 2008.
Count two states that "Neff pursuant to scheme or defraud, knowingly obtained a benefit from Robert Baker and Alana Baker for $49,480.51, by means of false or fraudulent pretenses, representatives, promises or material omissions," a Class 2 Felony.
Indicted by a grand jury last month, Neff, 44, pleaded not guilty to all charges on July 6. A pretrial hearing has been set for Nov. 6 and a trial, to be held in Cochise County Superior Court in Bisbee, is set for Dec. 1.
Boegemann, of the Boegemann Law Firm in Benson, said Neff is concerned that she cannot receive a fair trial in Cochise County, noting they may file the motion to move it to Pima County.
Boegemann said he's concerned about a possible conflict between the Cochise County Sheriff's Department, which conducted the investigation, and the county attorney's office.
During the 2008 elections in November, Neff wrote several freelance stories that were printed in the San Pedro Valley News-Sun and Sierra Vista Herald, both Wick Communications publications. The stories were not complimentary to incumbent Sheriff Larry Dever who was challenged by Norm Bradley. Dever went on to win the election.
Johnstun said the stories written by Neff have no bearing on the investigation or the charges that have been filed against her.
"That would have no effect on this case one way or the other," he said. "The attorney's office looks at the evidence; we present to a grand jury and if the grand jury agrees, they indict. To us it's just another case."
Boegemann said they are also struggling to get information from the county attorney's office. Johnstun said as required by law, Boegemann will receive all documents pertaining to the case so he can adequately defend his client at trial, noting that he just may not have received them at this point.
According to documents provided by the sheriff's department, the Bakers filed a claim right after Neff quit in November. Neff left Mescal Auto to take over as executive director of the Benson/San Pedro Valley Chamber of Commerce.
The chamber let Neff go shortly after the investigation started.
According to the victim's report, after Neff left, the Bakers received notice from the Arizona Department of Revenue claiming they had 18 months of unfiled tax returns, which led them to look into their books, finding canceled checks and a number of alarming entries.
Evidence against Neff includes many checks and credit card charges that were made out as pay advances or charges not affiliated with the business.
Among some of the Visa charges listed in the sheriff's investigation, led by Detective Robert Gerencser, Neff allegedly charged the company's Visa account $568 for NASCAR tickets and $717 to LazBoy Furniture. In total, Neff allegedly charged $5,140.98.
In pay advances, Neff allegedly gave herself thousands of dollars, depositing some of the money into her husband's bank account.
Neff's husband Warren, who is the chief of the Mescal Fire District, is also listed as a suspect in the investigation.
Boegemann, who has represented the fire chief in past cases, said, "If I were a betting man, and I am, I don't think there's substance there for him to be charged with anything."
Johnstun said to date there have been no charges filed against Neff's spouse, but he did not rule it out.
"There just haven't been any charges filed at this time," Johnstun said. "Beyond his having a joint account with his wife, we don't know that he had any further participation. She was the employee of Mescal Auto."
According to sheriff's documents, on several occasions throughout Neff's four years of employment, she en-dorsed checks that were deposited in her husband's account. On Sept. 16, 2004, the couple put a $2,700 down payment on a Jeep, which the sheriff's investigation said came from Mescal Auto funds.
While not an admission of guilt, Boegemann confirmed that Neff has tried to reach a civil agreement with the Bakers to repay the funds. Sheriff's documents state that Neff gave Bob Baker a $500 cashier's check as a partial settlement.
"She has tried to work out a compensation plan with Bob Baker," Boegemann said. "She is not admitting guilt. She's got the charges against her from her past, and really just wants to put this behind her."
Neff was indicted on a theft by misdemeanor charge in St. Cloud, Minn. in 1996. She pleaded guilty to the charge of theft by swindle in the amount of $2,500.
Boegemann said Neff might also seek a plea agreement before the December trial, noting another source of contention with the lack of communication from the county attorney's office.
"We are doing everything we can to settle this," Boegemann said. "There just hasn't been a lot of interaction with the attorney's office. A plea bargain is a possibility, but without contact with them, we cannot plea bargain with ourselves."
Besides problems with the attorney's office, Boegemann said he is also concerned with the sheriff's office handling of the investigation.
In several parts of the sheriff's report, Detective Gerencser said Neff and her attorney failed to attend several scheduled appointments during the investigation.
"During the last week of January, I scheduled an interview with Terri Jo Neff for Feb. 6 at my office," Gerencser said in the report. "On Feb. 5 I received a message that Attorney Les Boegemann would not be able to attend until after 1 p.m. I received another phone message from Terri Jo Neff; she would attend the interview on Feb. 6 with or without her attorney. On Feb. 6 neither showed up. I called and left a message at Boegemann's Law Firm, I called Terri Jo Neff with no answer. As of Feb. 9, I've received no calls from Terri Jo Neff or her attorney."
Boegemann said while the report looks as if Neff avoided the investigator, it's not true and he did little to interview her during the investigation, noting it seemed like Gerencser had a problem with his client from the start.
Johnstun said if Boegemann files a change of venue motion and raises concerns with the handling of the investigation, the attorney's office will deal with the claims as they come.
Thelma Grimes/San Pedro Valley News-Sun
Although the attorney for Mescal resident Terri Jo Neff says she can't receive a fair trial in Cochise County, Deputy County Attorney Doyle Johnstun said to them it's just another case.
Neff's attorney, Les Boegemann, is debating whether to file a change of venue motion, stating there may be a conflict with the Cochise County Attorney's office.
Neff, chairman of the Mescal Fire District Board, has been charged with two felonies. In count one, the indictment states Neff knowingly controlled property of Robert F. Baker and Alana Baker in the amount of $49,480.51, a Class 2 Felony.
Neff worked as the office manager of Mescal Auto, owned by Robert and Alana Baker, between January 2004 and December 2008.
Count two states that "Neff pursuant to scheme or defraud, knowingly obtained a benefit from Robert Baker and Alana Baker for $49,480.51, by means of false or fraudulent pretenses, representatives, promises or material omissions," a Class 2 Felony.
Indicted by a grand jury last month, Neff, 44, pleaded not guilty to all charges on July 6. A pretrial hearing has been set for Nov. 6 and a trial, to be held in Cochise County Superior Court in Bisbee, is set for Dec. 1.
Boegemann, of the Boegemann Law Firm in Benson, said Neff is concerned that she cannot receive a fair trial in Cochise County, noting they may file the motion to move it to Pima County.
Boegemann said he's concerned about a possible conflict between the Cochise County Sheriff's Department, which conducted the investigation, and the county attorney's office.
During the 2008 elections in November, Neff wrote several freelance stories that were printed in the San Pedro Valley News-Sun and Sierra Vista Herald, both Wick Communications publications. The stories were not complimentary to incumbent Sheriff Larry Dever who was challenged by Norm Bradley. Dever went on to win the election.
Johnstun said the stories written by Neff have no bearing on the investigation or the charges that have been filed against her.
"That would have no effect on this case one way or the other," he said. "The attorney's office looks at the evidence; we present to a grand jury and if the grand jury agrees, they indict. To us it's just another case."
Boegemann said they are also struggling to get information from the county attorney's office. Johnstun said as required by law, Boegemann will receive all documents pertaining to the case so he can adequately defend his client at trial, noting that he just may not have received them at this point.
According to documents provided by the sheriff's department, the Bakers filed a claim right after Neff quit in November. Neff left Mescal Auto to take over as executive director of the Benson/San Pedro Valley Chamber of Commerce.
The chamber let Neff go shortly after the investigation started.
According to the victim's report, after Neff left, the Bakers received notice from the Arizona Department of Revenue claiming they had 18 months of unfiled tax returns, which led them to look into their books, finding canceled checks and a number of alarming entries.
Evidence against Neff includes many checks and credit card charges that were made out as pay advances or charges not affiliated with the business.
Among some of the Visa charges listed in the sheriff's investigation, led by Detective Robert Gerencser, Neff allegedly charged the company's Visa account $568 for NASCAR tickets and $717 to LazBoy Furniture. In total, Neff allegedly charged $5,140.98.
In pay advances, Neff allegedly gave herself thousands of dollars, depositing some of the money into her husband's bank account.
Neff's husband Warren, who is the chief of the Mescal Fire District, is also listed as a suspect in the investigation.
Boegemann, who has represented the fire chief in past cases, said, "If I were a betting man, and I am, I don't think there's substance there for him to be charged with anything."
Johnstun said to date there have been no charges filed against Neff's spouse, but he did not rule it out.
"There just haven't been any charges filed at this time," Johnstun said. "Beyond his having a joint account with his wife, we don't know that he had any further participation. She was the employee of Mescal Auto."
According to sheriff's documents, on several occasions throughout Neff's four years of employment, she en-dorsed checks that were deposited in her husband's account. On Sept. 16, 2004, the couple put a $2,700 down payment on a Jeep, which the sheriff's investigation said came from Mescal Auto funds.
While not an admission of guilt, Boegemann confirmed that Neff has tried to reach a civil agreement with the Bakers to repay the funds. Sheriff's documents state that Neff gave Bob Baker a $500 cashier's check as a partial settlement.
"She has tried to work out a compensation plan with Bob Baker," Boegemann said. "She is not admitting guilt. She's got the charges against her from her past, and really just wants to put this behind her."
Neff was indicted on a theft by misdemeanor charge in St. Cloud, Minn. in 1996. She pleaded guilty to the charge of theft by swindle in the amount of $2,500.
Boegemann said Neff might also seek a plea agreement before the December trial, noting another source of contention with the lack of communication from the county attorney's office.
"We are doing everything we can to settle this," Boegemann said. "There just hasn't been a lot of interaction with the attorney's office. A plea bargain is a possibility, but without contact with them, we cannot plea bargain with ourselves."
Besides problems with the attorney's office, Boegemann said he is also concerned with the sheriff's office handling of the investigation.
In several parts of the sheriff's report, Detective Gerencser said Neff and her attorney failed to attend several scheduled appointments during the investigation.
"During the last week of January, I scheduled an interview with Terri Jo Neff for Feb. 6 at my office," Gerencser said in the report. "On Feb. 5 I received a message that Attorney Les Boegemann would not be able to attend until after 1 p.m. I received another phone message from Terri Jo Neff; she would attend the interview on Feb. 6 with or without her attorney. On Feb. 6 neither showed up. I called and left a message at Boegemann's Law Firm, I called Terri Jo Neff with no answer. As of Feb. 9, I've received no calls from Terri Jo Neff or her attorney."
Boegemann said while the report looks as if Neff avoided the investigator, it's not true and he did little to interview her during the investigation, noting it seemed like Gerencser had a problem with his client from the start.
Johnstun said if Boegemann files a change of venue motion and raises concerns with the handling of the investigation, the attorney's office will deal with the claims as they come.
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Reader Comments
The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Embarassing wrote on Jul 29, 2009 12:34 PM:
" On-going embarrassment for Neff, her husband, and the fire district she represents. Prior convictions for similar charges and now she wants to settle or plead? If she is not guilty, it seems she would want to defend herself in her own neighborhood, and vindicate what is left of her family’s reputation. "
Give me a break wrote on Jul 29, 2009 12:45 PM:
" A good defense is not always a better offense. Neff accuses the Sheriff’s Office of not being impartial, but in the same motion offers to settle or plea. Hmmm. Calling for a change in venue because of her unbiased coverage in the last election is ridiculous…as silly as her impartiality as a “new reporter” in an election where her husband made substantial financial contributions to a candidate. "
Possible IRS investigation wrote on Jul 29, 2009 1:00 PM:
" Did the Neff’s report these alleged pay advances to the IRS as income? Is it possible a federal investigation could be initiated upon conviction? "
lay down with dogs wake up with fleas wrote on Jul 29, 2009 3:34 PM:
" So now we are to believe that her husband the former cop and now fire chief for the Mescal Fire District, had no idea where all that extra money came from. Just a babe in the woods. "
j-6 mescal wrote on Jul 29, 2009 3:48 PM:
" I have a great Idea..Why dont they get out there check book and cut Bob a check for $49,480.41 They could sell there house a couple of harleys a few jeeps and solve some of these problems.Also if you knew how much your wife made for a living ,wouldnt you have questions where $ 5 grand or so fell in to your bank account from time to time?Maybe it was the Arizona Gods blessing them for moving to this state "
Wheres the editor wrote on Jul 29, 2009 4:29 PM:
" She left MescalAuto in September not November. She resigned from the Benson Chamber, she was not “let go”. Your paper ran stories about both happenings at the time. Why can't the girl's lawyer get the records and evidence after months and months but your reporter knows it all? If your going to try the girl in the headlines get it right. Woudl be nice too if you got all the facts not just those spoon fed by Bisbee. "
Spin wrote on Jul 29, 2009 4:36 PM:
" This story seems to have been initiated by Neff’s defense counsel. Is he trying to control the “spin” and attract publicity to support his suggestion of taking the matter to another county away from Neff’s backyard? If the case is transferred or a plea agreement is negotiated, I surely hope the media continues to keep the Benson community informed. "
Leave of absence wrote on Jul 29, 2009 7:00 PM:
" Although the Neff's are innocent until proven guilty, I think both of them should take a leave of absence from their public positions until this matter is resolved through the courts.
What kind of defense attorney would air concerns about the county attorney or sheriff in the media rather than the courts - before the trial even begins? "
What kind of defense attorney would air concerns about the county attorney or sheriff in the media rather than the courts - before the trial even begins? "
cdg wrote on Jul 29, 2009 7:12 PM:
" I would take Terri Jo's word against that of Bob Baker any day. "
12 the facts wrote on Jul 29, 2009 11:32 PM:
" I read how Mrs. Baker told the Sheriff about TerryJo wanting to settle this. TerryJo’s attempts to resolve the numerous issues related from her relationships with the Bakers isn’t admissible in court but you use it to imply full guilt. Did Mrs. Baker also tell the deputy all the things a settlement would have required TerryJo to remain quiet about? "
Concerned firefighter wrote on Jul 30, 2009 3:05 AM:
" It sure does suck that the firefighters and the Fire District have to suffer because of this issue. I think Terri Jo should resign from the district so the fire department can continue serving the community without all these problems. This Issue has NOTHING to do with the fire department. The firefighters and the Fire district should not be dragged into the middle of all this "
No longer trusted wrote on Jul 30, 2009 8:35 AM:
" My husband would question any sudden deposits in our bank account - especially if I had already been convicted of fraud in another state. Terri Jo has done some positive things in our community, but she can not be trusted anylonger. Her husband has not been charged with a crime yet, and should avoid damaging his reputation further with this unfortunate incident by returning the money if he is able. "
Chas Monroe wrote on Jul 30, 2009 9:57 AM:
" According to state election records Neff's husband made a one time $50 contribution to Norman Bradley's campaign. Yet one of the people who posted here accuses him of making a substantial contribution? Sure is easy for you people to throw stones and spread lies when you don't have to use a name. "
Missed the point wrote on Jul 30, 2009 10:22 AM:
" Maybe Terri Jo Neff did not know her husband made a financial contribution to a political candidate she was covering in a local election. Give me a break. "
Blame the victims wrote on Jul 30, 2009 10:45 AM:
" I hope those who are critical of the business owners that reported the crime, the law enforcement officers who investigated the crime, or the Grand Jury that eventually issued an indictment after reviewing the evidence, don't ever become victims of a crime. Thank you County Attorney for relying on the evidence - our community could not ask for anything more. "
what attorney wrote on Jul 30, 2009 1:02 PM:
" Neff should find a different attorney. This one thinks that sewer water can back up into a water line and come out the shower head. He actually put that in writting. If you weren't in trouble before, you are now Terri Jo. "
Leave the Bakers alone wrote on Jul 30, 2009 7:30 PM:
" Leave the Baker’s alone – they did the right thing by reporting a crime! They are honorable business people in our community. The bottom line is that a crime may have been committed and should be investigated. If a crime has been committed, a prosecutor should pursue criminal action with or without the consent of the victim. Even if the Baker’s did not want to pursue criminal charges, a prosecutor can subpoena them to a grand jury proceeding or to testify in a criminal trial, where they would be compelled to offer truthful testimony or be subjected to prosecution for perjury. "
NASD Sanctions wrote on Jul 30, 2009 10:02 PM:
" If Terri Jo Neff remains on the Fire Board, I think the Mescal J6 District members need to hear more about the facts, or the truth surrounding her alleged Letter of Acceptance, Waiver and Consent pursuant to which she was fined $100,000 and barred from association with any National Association Of Securities Dealers (NASD) in any capacity.
Public disclosure in the form of a factual explanation, not innuendos and lies, describing how she allegedly consented to the sanctions and to the entry of findings that, without the knowledge or consent of public customers, she changed their addresses of record with her member firm to her home address or post office boxes under her control. Allegedly the NASD found that Terri Jo Neff requested loans against insurance policies in the names of customers and converted the loans totaling $21,215.34 by depositing the loan checks into her bank account and used the proceeds for her own use and benefit. "
Public disclosure in the form of a factual explanation, not innuendos and lies, describing how she allegedly consented to the sanctions and to the entry of findings that, without the knowledge or consent of public customers, she changed their addresses of record with her member firm to her home address or post office boxes under her control. Allegedly the NASD found that Terri Jo Neff requested loans against insurance policies in the names of customers and converted the loans totaling $21,215.34 by depositing the loan checks into her bank account and used the proceeds for her own use and benefit. "
Censure wrote on Jul 31, 2009 10:49 AM:
" Is this the same attorney who was taken before a Disciplinary Commission of the Supreme Court in Arizona (2009) for inappropriate conduct? “Nine members of the Disciplinary Commission by a majority recommended accepting and incorporating the Hearing Officer’s findings of fact, conclusions of law, and recommendations for censure and costs incurred by the Disciplinary Clerk’s Office and the Supreme Court of Arizona.” (supreme.state.az.us/dc/2009_scanned/HO_Reports/Boegemann_HO_rpt.pdf) "
mescal resident wrote on Jul 31, 2009 6:07 PM:
" She was quick to accuse others of a crime that never happened and when she was reporting for the paper she took pictures and told the one person to get out of the picture because she said he was a thief. Wow talk about carma "
Well duh wrote on Jul 31, 2009 6:26 PM:
" Of course she was working out a settlement after she left the job. Any money Teri Jo may owe to Mr. Baker would have to be paid back one way or the other, either privately or thru a court. Duh. Its the other stuff related to her employment and her boss that gets included also in a agreement. Considering the heat Teri JO willing to take publicly that stuff must be important or she has decided not to be the only one held accountable. "
About Censure wrote on Jul 31, 2009 11:53 PM:
" "Censure"s comment begins just like a comment posted about Neff and her record when the story first broke. Each comment asks a question when the writer clearly knows the answer. It looks like one anonymous writer really wants to sling mud that has no relation to the facts of this case. Maybe the mud will stick. A snakebite may be deadly, too, but it doesn't make the snake anything more than a snake. "
J-6 Resident wrote on Aug 1, 2009 2:40 PM:
" To "Censure" - Thank you. The Reader's comment "About Censure" indicates he or she must also know the answers.
Having an attorney whose advice has been questionable in past triggers the reader to interpret the attorney's comments with caution. If in fact "Censure" is the "Concerned Citizen" from the previous Neff article, then thank you again for providing information citing your references. A person who is paying off a substantial $ 100,000 fine while allegedly committing even a greater crime in another state definitely suggests to the reader that perhaps Terri Jo has more than just a simple character flaw! "
Having an attorney whose advice has been questionable in past triggers the reader to interpret the attorney's comments with caution. If in fact "Censure" is the "Concerned Citizen" from the previous Neff article, then thank you again for providing information citing your references. A person who is paying off a substantial $ 100,000 fine while allegedly committing even a greater crime in another state definitely suggests to the reader that perhaps Terri Jo has more than just a simple character flaw! "
believe your lying eyes wrote on Jul 29, 2009 12:08 PM: