Prosecutor answers questions about plea bargain

By Morley Swingle

A recent letter to the Southeast Missourian asked two very valid questions:

Why did the prosecutor allowed Robin Whitson to plead guilty to two felony charges rather than 10?

And why didn't Circuit Judge Ellen Roper order restitution when she sent Whitson to prison?

Since I am the prosecutor referred to, I happen to know the answers to both questions.

Robin Whitson was the employee at the juvenile office who embezzled approximately $97,000 that was meant to go to the local schools. Although given ample time to make restitution, she had not repaid the money prior to her sentencing. She said it was gone, mostly lost at casinos.

Her lawyer asked that she be placed on probation and that she be ordered to make payments toward that restitution while on probation. I argued against probation, pointing out that when a government employee steals money, especially such a large amount, that person should go to prison rather than get probation. The judge ultimately agreed with me.

The judge did not order restitution because the law did not allow her to. It is truly that simple.

The only way a judge in a criminal case in Missouri can order restitution is to put the defendant on probation and order restitution as a condition of that probation. The judge cannot both send the offender to prison to serve a sentence and also order restitution.

I was willing to dismiss all but two of the felony charges because I felt that 10 years was a sufficient prison sentence for a theft that did not involve any sort of violence or physical injury. This was a nonviolent crime by a first offender.

My recommendation was that the judge sentence her to anywhere from four to 10 years in prison. The judge decided to give her an eight-year sentence. Anyone who thinks eight years is an insignificant sentence should imagine what it would do to you to have such a sizable chunk of your lifetime yanked away.

The message has been sent loud and clear in this case: If a government employee in Cape Girardeau County embezzles money, that thief will go to prison and not merely get the slap on the wrist of probation with an opportunity to try to pay the money back.

Significantly, just because the criminal-justice system did not order restitution does not mean that a civil suit cannot be filed against Whitson to get a judgment against her for this money. That matter would rest with the attorneys for the school systems, the county and the state.

You can't get blood out of a turnip, and this particular turnip will be in prison for many years. But I am sure that if there is money to be found, these lawyers will find it.

I am proud of the way this case was handled, both by my office and by Judge Roper. Potential embezzlers from the public trough are hereby warned to bring their toothbrushes when they come to court for sentencing in Cape Girardeau County public embezzlement cases.

Morley Swingle is the prosecuting attorney of Cape Girardeau County.