Wednesday, June 30, 2010

Judge denies early release in theft case

Sanders remains in jail on felony theft conviction


By TERRY SMITH
Express Staff Writer

Terri L. Sanders

Judge Robert J. Elgee has denied a request for early jail release for a Blaine County woman serving a 90-day sentence for stealing from her employer.

Elgee's ruling Monday in Blaine County 5th District Court followed a "prayer for leniency" request by attorney Kevin Cassidy for his client Terri L. Sanders. Cassidy told the court that Sanders, 45, has been a model prisoner at the Blaine County jail and is making progress for alcohol abuse and "personal issues" through counseling.

"She would just like to get out and start taking care of her life and start taking care of her son," Cassidy told the judge.

As of Monday, Sanders had served 49 days of a 90-day sentence imposed by Elgee on May 10.

Sentencing followed an earlier guilty plea by Sanders to felony grand theft for stealing a check for $3,694 in 2006 from Espinoza Flooring, where Sanders was then employed. In exchange for a guilty plea, three other felonies, including a second count of grand theft and two counts of forgery, were dismissed.

Blaine County Deputy Prosecuting Attorney Matt Fredback argued against letting Sanders out of jail early, saying in court that "the 90 days was lenient."

Fredback further asked the court to consider the "impact this crime has had on the victim."

"There is no reason at this time that the court should give her any leniency in her sentence," Fredback said.

Elgee told Sanders that "your sentence was punishment—it could have been much worse."

"It's not just all about the effect on you," Elgee said. "Keep up the good work—you'll be out soon enough."

Terry Smith: tsmith@mtexpress.com




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