First of two ex-City Hall employees faces embezzlement charges Arraignment
of second scheduled today.
Shielded behind her attorney, Donald Brisson, during the
brief hearing, Ms. Schubert was released on personal recognizance and will
return to court Nov. 24.
Meanwhile, another woman accused of stealing $22,199 from
the treasurer's office never showed up as expected.
Patricia J. Pimentel, 46, of New Bedford did not appear in
court to answer charges of larceny of more than $250, and Judge Leonard ordered
a warrant for her arrest.
However, Bristol County District Attorney Paul F. Walsh Jr.
said the woman never received a summons.
Ms. Pimentel, who has been living with her daughter,
recently moved with her family and the summons was sent to the old address, Mr.
Walsh said.
He said police tracked Ms. Pimentel down later in the day
and she will appear in court today.
"That was just a mistake. Technically, she is not in
default," Mr. Walsh said.
Assistant District Attorney Gilbert Nadeau said his office
had not heard from Ms. Pimentel or any lawyer acting on her behalf before
yesterday's hearing.
Mr. Walsh said Ms. Pimentel has met with representatives of
the district attorney's office voluntarily in the past without an attorney.
Ms. Pimentel quit her city job as a cashier in the
treasurer's office on Nov. 4, 1996, after officials discovered money was
missing. She agreed to make full restitution and resign, apparently believing it
would prevent criminal prosecution, even though no written agreement existed,
according to the district attorney's office.
Ms. Schubert quit after securing a written promise from the
city not to prosecute if she repaid the money.
However, the written agreement with Ms. Schubert, signed by
Building Commissioner Robert Thatcher and Treasurer Albino "Mickey" Silva on
Feb. 15, 1997, does not bind the district attorney's office in prosecuting the
case, Mr. Walsh has said.
The decision to prosecute stunned Ms. Schubert, her attorney
said.
"It came as a surprise," Mr. Brisson said. "It opened up a
wound that was starting to close.
"When she voluntarily resigned, she gave up her retirement
and made restitution. She thought her punishment had been meted out and she was
going to go on after that or at least attempt to go on," he said, stressing that
Ms. Schubert has not admitted any guilt.
Mr. Brisson said he is worried that his client will be
treated differently than someone accused of similar crimes.
"I hope that we keep our eyes on what the ultimate objective
is here. I hope that justice is served in this case and she isn't treated any
differently," he said.
Mr. Brisson said his client will receive no retirement or
other benefits from the city as a result of her resignation. "She's not going to
get anything. Any retirement she had, I can't say at this point where it went or
why it went, but she is not getting any."
News of that agreement was made public just weeks before the
mayoral primary.
Mr. Walsh said New Bedford politics and the election had
nothing to do with pressing the cases.
"To start getting involved in the town-by-town, city-by-city
elections is, No. 1, bad politics and, 2, stupid. I have to work with whoever is
the mayor. Taking sides isn't something that DAs do," Mr. Walsh said.
"I have to remain neutral. There will be speculation about
timing near the election, but if you look at it from a countywide view, the
election has nothing to do with it. They are reading way too much into that.
"I'm very friendly with Rosemary Tierney. I grew up in the
same neighborhood. My father was on the school board with her. ... The integrity
of a prosecution is an important thing."