APALACHICOLA — A former Franklin County probation officer accused of stealing what prosecutors say was at least $250,000 has pleaded no contest to three felonies.
Jennifer Martina Brown, 33, could land in jail for as many as 30 years, although it is expected to be under five based on what 2nd Judicial Circuit State Attorney Willie Meggs is seeking. Circuit Judge William L. Gary will sentence her in the next few weeks.
Brown pleaded to one first-degree felony count of grand theft of over $100,000, and two third-degree felonies, for official misconduct and tampering with physical evidence. The grand theft charge is punishable by up to 30 years in prison, while the official misconduct and tampering with physical evidence felonies carry a five-year maximum sentence. The official misconduct charge is connected to filing false reports as a county probation officer, and the tampering with physical evidence stems from the allegation she shredded receipts prior to her firing.
Defense attorney GordonShuler told the judge the deal with prosecutors was a “straight-up plea,” as opposed to one where the specific terms have been negotiated and agreed upon, subject to approval by the judge. Shuler said adjudication of guilt would be left to the judge and that Meggs had said he would ask for no more than five years in prison, 15 years of probation, payment of fines and restitution, and for any sentences to run concurrently.
After the judge asked Meggs to speak, the prosecutor offered a slightly varied scenario.
“I’m a little bit at a loss in understanding this straight-up plea. I have told Mr. Shuler I would not ask for more than five years in the Department of Corrections. I don’t recall any discussion about anything running concurrent,” Meggs said.
“It’s a semi-negotiated straight-up plea then,” Gary said. “Kind of, sort of.”
Brown is the daughter of Glenda Martina, who supervises the Clerk of Courts criminal division, and the niece of Clerk of Courts Marcia Johnson.
Johnson first discovered the possible theft Aug. 9, 2013, while she was updating staff on the requirements of a legislative report on the assessment and collection of court fines and costs.
Four days later, Johnson notified Richard Stewart, owner of Florida Probation Services LLC, the private firm under contract with the county to administer county probation services. Stewart fired her Aug. 15, 2013, and she was arrested.
Brown’s scheme enabled her to routinely take cash payments from probationers, and rather than recording them properly, indicate the individual had completed community service hours, which can be credited against an account at a rate of $10 per hour.
The State Attorney’s Office has said the scheme may date back four years and could involve more than 300 probationers but that it mainly involved cases in 2012 and 2013. Prosecutors also have said no probationers went to jail for non-payment or had to pay additional money due to the thefts. They have said only a very small percentage of probationers ever performed community service hours.
In an interview following the hearing, Meggs said accountants brought in from the state have determined at least a quarter-million dollars was taken and divvied up into a dozen bank accounts.
“They examined bank records and where a lot of money went, and we have followed it,” he said. “What we can prove right now, accurately, is $250,000. This is a probation officer who stole a lot of money from probationers and put it in her own pocket.”
Meggs said accounting staffers from Chief Financial Officer Jeff Atwater’s office have not performed an audit, and that one “desperately needs to be done. From the time of probation, every probation case needs to be looked at.”
He said he believes the Franklin County Commission ought to higher an independent auditing firm to review the books. Johnson has told commissioners she has done an internal review, and that the monies taken were all earmarked for different funds within the court function of her office.
“I have requested an outside audit from the County Commission’s independent auditing firm,” Johnson said.