Citing several deficiencies, an appellate court last week reversed the guilty judgment against a former Schoharie town court bookkeeper.
The indictment against Michelle Parks was also dismissed by four justices of the state Supreme Court’s appellate division, third judicial department.
Ms. Parks, then 32, was found guilty of two of six felony counts in the fall of 2006 after an investigation into funds missing from the town court.
She was found guilty of charges of first-degree offering a false instrument for filing and first-degree falsifying business records.
In January 2007, Ms. Parks was sentenced in Schoharie County Court to five years probation, 420 hours of community service and to make $745 in restitution.
On July 3, members of the appellate court reversed the judgment and dismissed the indictment citing deficiencies and lack of evidence.
In reversing the guilty judgment on charges of offering a false instrument for filing, the decision stated, “The evidence, however, failed to establish beyond a reasonable doubt that it was the defendant who prepared and filed the subject report…or that she harbored the intent to defraud the state.”
In reversing the charge of falsifying business records, the court stated, “Again, the proof established, at most, defendant’s opportunity to have accomplished this crime, but it did not establish her guilt beyond a reasonable doubt.”
The verdicts, the decision stated, were not supported by the weight of the evidence since the verdicts “were dependent upon inferences insufficiently supported by any compelling evidence.”
Danielle Croote, another employee of Evening Star Bookkeeping, was also charged after an audit by the state comptroller’s office, but was acquitted on all counts in the fall of 2006.
The audit from 2002 found that over $25,000 in court funds were missing or unaccounted for.