Posted on 06/26/2009 12:45:45 PM PDT by freespirited
Former Health Commissioner Antonia Novello pleaded guilty to a felony and will perform 250 hours of community service and pay a $22,500 fine, ending a case that alleged she used her state staff as free servants.
Novello pleaded guilty to filing a false instrument, but she will get to keep her medical license if she completes the terms of her plea bargain.
Novello also waived her right to appeal the conviction. She will be sentenced on Aug. 14.
The former U.S. surgeon general specifically pleaded guilty to falsifying the state mileage on Dec. 9, 2006 that stems from travel where a state worker chauffeured her on private business.
"You did this with intent to defraud the state of New York," Albany County Judge Stephen Herrick asked.
Novello paused and then quietly said: "Yes, sir."
If she fails to complete her sentence, Novello faces 1 1/3 to 4 years in prison for the charge she admitted to.
She had faced up to 12 years in prison if convicted of all the charges she face.
Several reporters and photographers filled the halls of the courthouse for Novello's arrival earlier this morning.
Novello was arraigned on a 20-count indictment in May accusing her of abusing her power as commissioner between 2004 and 2006.
The charges from Albany County District Attorney David Soares followed a scathing report from state Inspector General Joseph Fisch that alleged Novello used her state employees as personal servants with tasks that included dry cleaning, watering her plants while she was away and shopping runs.
Among other findings, the IG report found Novello required her workers to rack up 2,547 hours of overtime between 2000 and December 2006. She also allegedly ordered employees to drive herself and friends everywhere from Albany area shopping outlets to Newark airport.
The report had stated that one staffer said she could not carry out Medicaid fraud investigations because she was too preoccupied serving Novello's "duties" to the commissioner.
Novello was given a conditional discharge under her plea. As a result, over the next three years she cannot have any additional convictions and must perform 250 hours of community service in the Capital Region, Herrick said.
Outside court, her attorney E. Stewart Jones said there was no question she signed the document.
"That particular charge was not realistically defensible," he said.
"The danger of going to trial on the other counts would have been the still-over prejudicial effect," Jones said. "This was a necessary plea, an important resolution of this case for Dr. Novello. It enables her to continue with her life, with her career. To have this hanging over her head for another six months awaiting trial, which carries with it enormous risk for her, was simply unacceptable."
Asked if Novello feels she did, in fact, defraud the state, Jones said, "The plea speaks for itself."
When asked if it was the best plea she could have received, he said, "Without question."
He said she would receive a "certificate of relief" to prevent the felony plea from having any civil consequences.
"This is not the kind of offense that puts a doctor's license in jeopardy," Jones said.
Jones did not back away from his earlier statements that the case should not have been brought. "I don't believe in the first instance that this is something that warranted criminal prosecution," Jones said, "but obviously once that happened, we had to deal with what is. And this was the most realistic outcome and safest outcome for Dr. Novello."
Asked what she would tell the employees who said she forced them to run errands, Jones told reporters, "My personal view of that is that no good deed goes unpunished. She treated those employees very well. She treated them as though they were family. They turned on her. Obviously, politics is a dirty business."
Pssssst...Antonia!...maybe the family wasn't brought up in your “Italian Type Family”....Ya know what i mean...
Rico covers that now...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.