Wednesday, December 23, 2009

Trial reset in abuse case

Man accused of misusing woman’s credit card


By TERRY SMITH
Express Staff Writer

James G. Zachary

A jury trial has been reset to March for a Hailey man accused of misusing a disabled woman's credit card.

Earlier set to begin on Jan. 5, the trial is now scheduled for March 10 in the case against 56-year-old James G. Zachary, charged with felony grand theft and the misdemeanor crime of "abuse, exploitation or neglect of a vulnerable adult."

Zachary appeared with public defender Dan Dolan for a pretrial conference Monday in Blaine County 5th District Court. Trial rescheduling was done at the request of Dolan, who told Judge Robert J. Elgee that plea discussions are under way with the Blaine County Prosecuting Attorney's Office.

Zachary agreed to waive his right to a speedy trial. Under Idaho law, defendants have the right to be brought to trial within 180 days of entering a plea. According to court records, Zachary pleaded not guilty to the charges on Aug. 19.

A criminal complaint filed against Zachary does not specify the amount of money Zachary allegedly stole from the woman. However, a probable cause affidavit filed by Hailey police officer Charles Cox states that the charges against the woman's Visa card account may have exceeded $10,000, accomplished in 40 transactions between Nov. 8, 2008 and Jan. 13, 2009.

According to the affidavit, Zachary lives in the same apartment complex as the woman and he told Cox that he had known her for a long time and would run errands for her. Zachary further told Cox that the woman had agreed to loan him money and that he used the card to get the funds.

According to Hailey police reports, the woman is now 70, suffers from a medical condition and requires assistance in handling her financial affairs.

Cox stated that an investigation was opened Jan. 24 after an acquaintance of the woman complained to police. Zachary was arrested March 30. He is free on $1,500 bond.

Terry Smith: tsmith@mtexpress.com




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