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Neff's trial date continued to April
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| Terri Jo Neff |
Thelma Grimes/San Pedro Valley News-Sun
After Cochise County prosecutors failed to meet disclosure requirements in the case against Mescal resident Terri Jo Neff, Superior Court Judge Wallace Hoggatt granted the defense motion for a continuance.
The motion was granted on Oct. 30, changing the Dec. 1 trial date to April 19, and the pretrial date to Jan. 8.
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.
Neff, who was indicted by a grand jury, pleaded not guilty to all charges on July 6, and since then, her attorney Les Boegemann of the Boegemann Law Firm in Benson said it has been difficult to get information from the county prosecutor's office.
The case is also making its way through prosecutors. Deputy County Attorney Doyle Johnstun was originally in charge of the case. However, since July, it has been handed to Deputy Attorney Lori Ann Zucco.
Zucco did not return the News-Sun call for comment.
In an Oct. 26 motion for continuance, Boegemann argued that the continuance is required "because of the extraordinarily late disclosure by the prosecution." The prosecution is required to turn over all evidence against his client 30 days after the arraignment, but they didn't receive anything until the middle of September, he said.
"Additionally, this motion to continue is necessitated by prosecution's unwillingness to schedule and attend a mandatory pre-hearing conference as mandated by Rule 16.4 of the Arizona Criminal Procedure," the motion states. "This motion to continue, unstipulated, comes only after numerous attempts by defense counsel to resolve the outstanding disclosure and pre-conference hearing issues and multiple requests for stipulation to his motion to continue, which have gone largely ignored by the prosecution"
Boegemann said he and Neff also feel that some information has been omitted from the disclosures that "would exonerate my client."
Despite objections from Prosecutor Zucco, Judge Hoggatt approved Boegemann's requests, and besides changing the pre-trial and trial dates, he also ordered the prosecution to hold the conference before the pre-trial as required by law.
This is not the first time Boegemann and Neff have expressed concern over the county's handling of the case. In late July they had threatened to file for a change of venue, when Boegemann said they weren't sure Neff could receive a fair trial in Cochise County. The attorney has also questioned how the Cochise County Sheriff's office handled the investigation.
The Bakers filed a claim against Neff when she quit in November 2008. Neff left Mescal Auto to become executive director of the Benson/San Pedro Valley Chamber of Commerce. She resigned when 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 evidence that checks and credit card charges were made out as pay advances or charges not affiliated with the business.
According to the investigation by the sheriff's office, Neff allegedly gave herself thousands of dollars, depositing some of the money into her husband's bank account.
Neff's husband Warren is the chief of the Mescal-J-Six Fire District and was listed as a suspect in the investigation, but no charges were ever filed.
Neff had tried to reach a civil agreement with the Bakers prior to the criminal charges being filed.
Neff has been indicted for similar charges in the past, when she was charged with a theft charge in St. Cloud, Minn., in 1996. She pleaded guilty to the charge of theft by swindle in the amount of $2,500.
After Cochise County prosecutors failed to meet disclosure requirements in the case against Mescal resident Terri Jo Neff, Superior Court Judge Wallace Hoggatt granted the defense motion for a continuance.
The motion was granted on Oct. 30, changing the Dec. 1 trial date to April 19, and the pretrial date to Jan. 8.
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.
Neff, who was indicted by a grand jury, pleaded not guilty to all charges on July 6, and since then, her attorney Les Boegemann of the Boegemann Law Firm in Benson said it has been difficult to get information from the county prosecutor's office.
The case is also making its way through prosecutors. Deputy County Attorney Doyle Johnstun was originally in charge of the case. However, since July, it has been handed to Deputy Attorney Lori Ann Zucco.
Zucco did not return the News-Sun call for comment.
In an Oct. 26 motion for continuance, Boegemann argued that the continuance is required "because of the extraordinarily late disclosure by the prosecution." The prosecution is required to turn over all evidence against his client 30 days after the arraignment, but they didn't receive anything until the middle of September, he said.
"Additionally, this motion to continue is necessitated by prosecution's unwillingness to schedule and attend a mandatory pre-hearing conference as mandated by Rule 16.4 of the Arizona Criminal Procedure," the motion states. "This motion to continue, unstipulated, comes only after numerous attempts by defense counsel to resolve the outstanding disclosure and pre-conference hearing issues and multiple requests for stipulation to his motion to continue, which have gone largely ignored by the prosecution"
Boegemann said he and Neff also feel that some information has been omitted from the disclosures that "would exonerate my client."
Despite objections from Prosecutor Zucco, Judge Hoggatt approved Boegemann's requests, and besides changing the pre-trial and trial dates, he also ordered the prosecution to hold the conference before the pre-trial as required by law.
This is not the first time Boegemann and Neff have expressed concern over the county's handling of the case. In late July they had threatened to file for a change of venue, when Boegemann said they weren't sure Neff could receive a fair trial in Cochise County. The attorney has also questioned how the Cochise County Sheriff's office handled the investigation.
The Bakers filed a claim against Neff when she quit in November 2008. Neff left Mescal Auto to become executive director of the Benson/San Pedro Valley Chamber of Commerce. She resigned when 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 evidence that checks and credit card charges were made out as pay advances or charges not affiliated with the business.
According to the investigation by the sheriff's office, Neff allegedly gave herself thousands of dollars, depositing some of the money into her husband's bank account.
Neff's husband Warren is the chief of the Mescal-J-Six Fire District and was listed as a suspect in the investigation, but no charges were ever filed.
Neff had tried to reach a civil agreement with the Bakers prior to the criminal charges being filed.
Neff has been indicted for similar charges in the past, when she was charged with a theft charge in St. Cloud, Minn., in 1996. She pleaded guilty to the charge of theft by swindle in the amount of $2,500.
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The following are comments from the readers. In no way do they represent the view of bensonnews-sun.com.
Snakes alive wrote on Nov 19, 2009 4:00 PM:
" I believe TerriJo totally calculated the consequences of embezzlement. What's the worse that can happen? Maybe pay back $100/mo. Not bad terms.
So on the one hand she is negotiating a settlement and then out of the other side of her mouth claiming she will be exonerated.
If you let your guard down with people like this and get cajoled by their wiles they will bite you. After all a snake is a snake and that snake will treat you with distain for believing them.
People like this waste no time thinking of right and wrong. Their minds are spent calculating how to manipulate to get what they want ie. power,control, attention and money.
And yes she is charming and talented and smart. Too bad for you when she catches you in her web.
Just my opinion. "
So on the one hand she is negotiating a settlement and then out of the other side of her mouth claiming she will be exonerated.
If you let your guard down with people like this and get cajoled by their wiles they will bite you. After all a snake is a snake and that snake will treat you with distain for believing them.
People like this waste no time thinking of right and wrong. Their minds are spent calculating how to manipulate to get what they want ie. power,control, attention and money.
And yes she is charming and talented and smart. Too bad for you when she catches you in her web.
Just my opinion. "
swinging in the dark wrote on Nov 19, 2009 5:54 PM:
" An old legal saying: any prosecutor can get an indictment. Indictments are the result of a one sided process, where only a prosecutor gets to show any evidence. Only jury trials, with a fair trial, show what a case is worth, and lots of indictments end in verdicts of not guilty. If Concerned Citizen really thinks that just being on trial proves you're guilty, I'd like to know what country she's a Citizen of. "
cdg wrote on Nov 20, 2009 11:32 AM:
" To "concerned citizen". The "two felonies" are two charges arising from one alleged action. In America, one is purportedly innocent until PROVEN guilty in a court of law. Ms. Neff has NOT been proven guilty. She has only been accused. She claims to be innocent. There's time enough for resignations if/when she is convicted --- and apologies if/when she is acquited. Until then, perhaps you might worry about the integrity of others. "
Concerned Citizen wrote on Nov 18, 2009 11:37 AM:
I would think that would be a position for one with integrity.
If this person has been indicted there is probable cause enough for charges which means the evidence must be overwhelming. "