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Judge rejects plea deal, tells accused woman to take her chances at trial

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Judge Barbara Gorman refused to accept a plea agreement Wednesday, Jan. 27, in the case of Angela Arde, who stole nearly $350,000 from Brookville businesses where she worked as a bookkeeper. The judge invoked a $300,000 cash bail for Arde and continued her sentencing hearing until next week.

Staff photo by Jan Underwood Judge Barbara Gorman refused to accept a plea agreement Wednesday, Jan. 27, in the case of Angela Arde, who stole nearly $350,000 from Brookville businesses where she worked as a bookkeeper. The judge invoked a $300,000 cash bail for Arde and continued her sentencing hearing until next week.

By Doug Page, Staff Writer Updated 5:03 PM Wednesday, January 27, 2010

DAYTON — A judge was not buying Angela Arde’s story that she had no real idea about what happened to nearly $350,000 she stole from friends over a four-year period.

Arde, 41, came to Montgomery County Common Pleas Court on Wednesday, Jan. 27, expecting to be sent to prison for three years and ordered to make restitution as part of a plea deal with county prosecutors.

Judge Barbara P. Gorman was having none of it.

“I do not believe she has been honest with the court,” Gorman said. “My strong belief is she is trying to con everyone again.”

With that, Gorman gave Arde one week to decide whether to withdraw her guilty plea and take her chances at trial, then revoked Arde’s bond and set a new $300,00 cash $300,000 bond. Arde was escorted from the courtroom in handcuffs to the Montgomery County Jail. Her youngest child, 16, is with relatives. Her other children are adults.

Arde, represented by a public defender, claimed to have but $200 in a checking account.

The Lewisburg woman was for 10 years the bookkeeper for plumbing, mechanical and day care businesses in Brookville owned by longtime friends. She pleaded guilty Dec. 29 to aggravated theft, tampering with evidence and grand theft in a scheme that diverted at least $348,953.82 from those businesses.

Under close questioning by Gorman, Arde said she used the money to pay bills, cover bad checks written by her then-husband and “feed my kids.”

Gorman was more than skeptical, pointing out that Arde had concocted a complex scheme using the businesses’ software to write and cash checks, then delete all record of the checks. Gorman contended that Arde likely knew where the money went.

She noted in December 2008 that a partner in one of the companies, Ted Thies, came to Arde asking for $500 to buy Christmas presents for his two children. Arde told Thies that if he drew a check, then she would not get one. Thies told Arde he could wait.

“That month, you stole $6,000 from the company,” Gorman told Arde.

“The owner never takes a paycheck,” Thies said outside the courtroom. His wife, April, uncovered the scheme when the company was failing.

“I got the bank records and asked Ted, 'Why is your bookkeeper making more than $50,000 in less than a year?’ That’s when we knew why the business was failing,” April Thies said.

When Gorman asked if Larry and Hazel Newsome, the other partners, had purchased a cemetery plot at Arde’s request so she could bury her ex-husband because she had no money, Arde said that was true. That month, Gorman responded, Arde stole $5,200 from the companies.

“You do not know the difference between the truth and a lie,” the judge said. “You were calculating and convincing to your victims. The company was forced to close because of your actions.”

Defense attorney Chuck Grove argued that the prosecution knew all those facts when the plea deal was made. The prosecution said nothing during the sentencing hearing.

That didn’t matter to Gorman.

“I do not believe your client lived up to the agreement,” she said, noting that Arde had promised to cooperate with authorities to find the money. “I believe you did not comply. There is no way anyone will see a penny of restitution.”

Gorman’s refusal to approve the plea deal can be appealed .

She said it was only the fourth time in her 20 years on the bench she has rejected a plea deal.

The Newsomes and the Thieses appeared ecstatic over Gorman’s actions.

“I’m glad the judge took the time … to make sure justice is served,” Larry Newsome said. “I’ve always asked the same question: Where did all the money go? I didn’t want her to get out of jail and then retire on the money she stole.”

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