The Reading woman who became an Internet sensation by falling into a fountain while sending a text on her cell phone was in Berks County Court on Thursday for a status hearing on theft-by-deception and related charges.
Cathy A. Cruz Marrero, 49, was charged in October 2009 for using a co-worker's credit cards to make more than $5,000 in purchases at two local stores.
But $1,055 of those purchases were dismissed from the case in previous hearings.
She also has several theft cases and a hit-and-run charge on her record.
Her appearance Thursday before Judge Peter W. Schmehl was shortly after she and her Reading attorney in the Berkshire Mall case, James M. Polyak, went on ABC's "Good Morning America" to talk about the fall into the fountain.
Her Reading attorney in the theft case, Douglas J. Waltman, said Marrero has applied for intermediate punishment, which can include restitution.
The case is pending.
He declined further comment.
Polyak said the theft charges have nothing to do with the mall case.
"Her prior personal affairs have nothing to do with what happened to her at the Berkshire Mall and the video that has been posted," Polyak said.
Polyak said he's also confused by those posting on websites accusing Marrero of staging the accident and seeking money.
"For that to be true, she would have had to known this was going to be posted to YouTube," he said.
He also noted that nothing has been filed in county court on her behalf.
"What we want is an apology," he said. "We also want to know what happened, how it happened and who is responsible and then we'll go from there."
The security contractor for the mall released a statement Thursday saying it has fired a security guard responsible for releasing the video.
When reached by phone, Marrero acknowledged she was in court Thursday morning.
Speaking to someone who was apparently nearby, she said, "The reporter got my court papers."
"But I have to talk to Jim (Polyak) before I talk to anybody," she added.
She declined further comment.
She has been free on $7,500 bail since she was charged.
Intermediate punishment is an alternative to jail, said Assistant District Attorney Melissa J. Noyes, the prosecutor in the case.
"She would otherwise potentially be looking at going to jail under the guidelines for sentencing," Noyes said.
During the intermediate punishment process, Marrero must submit urine samples twice a week and check in regularly with court officials, Noyes said.
"This is like practice probation," she said.
The program also includes counseling for substance abuse if needed, but that is not required in Marrero's case, Noyes said.
"She is still on track to enter a guilty plea at some point down the road, assuming she complies with all the conditions," Noyes said. "She's looking for house arrest instead of going to jail."
Marrero owes $4,177 in restitution, Noyes said.
"As part of alternative sentencing, we normally ask you to pay half of restitution as a good faith showing," Noyes said. "She hasn't done that at this point. She asked the judge for more time and opportunity to come up with the money."
Her next court date is April 21.
"We'd like to see sentencing happen then," Noyes said.
Marrero is likely facing about six months of house arrest and electronic monitoring.
According to court documents, Marrero has convictions for retail theft four times and one other theft in New York from 1997 to 1999 and retail theft in York County in 1999.
She also served a year of probation after being convicted of a hit-and-run charge in Berks County in 2009.
According to court records:
The hit-and-run case stemmed from an accident April 23, 2009, in the 900 block of Perry Street.
She ran a stop sign and struck a car, which then hit three parked cars. Two of the damaged cars had to be towed.
Cruz, who was driving with a learner's permit, told police she panicked and drove off.
She was charged with careless driving and related charges and sentenced by Judge Thomas Parisi to one year of probation.
In the most recent theft case, according to Berks court records:
Ileana Rivera of Reading, who worked at the Zales jewelry store in the Fairgrounds Square Mall with Marrero, went to Muhlenberg Township police in October 2009 to report that Marrero had used Rivera's credit cards without Rivera's permission.
Marrero made $4,177 in purchases at Zales and $1,055 in purchases at Target in Spring Township using Rivera's cards for those stores.
The transactions occurred around the time of August 2007.
Rivera admitted she at one time had permitted Marrero to use her Target credit card to make a small purchase but did not give her permission to make other purchases.
Criminal charges regarding the $1,055 purchases at Target were dismissed in previous hearings.
In August 2007, Rivera noticed she hadn't received her Zales credit card bill and, after checking with Zales customer service, found that her address on the account was changed to that of Marrero's in the 400 block of Bingaman Court.
The same thing occurred with Rivera's Target card.
"Cruz (Marrero) changed the addresses on the accounts so that the bills would come to her and Rivera would not know about them," police said in court documents.
Marrero promised Rivera from August 2007 to September 2009 that she would make payments to Rivera, but Marrero did not.
Rivera had to make the payments to maintain her credit status.
Marrero has been the focus of worldwide publicity over the last week since videos were posted to YouTube and Facebook of her tumbling into a fountain at the Berkshire Mall while she was sending a text message on her cell phone.
Marrero, who works in a store at the Wyomissing mall, said she hired Polyak and came forward publicly to highlight the dangers of texting while walking, privacy issues and security problems at the mall.
Mall officials have not returned calls seeking comment.
The fall on Jan. 12 was caught on security camera video and was posted to YouTube.
Marrero has complained that security laughed about her accident instead of checking on her well-being.