See earlier posts on this matter: http://boonecountywatchdog.blogspot.com/2014/12/former-boone-circuit-clerk-deputy.html and http://boonecountywatchdog.blogspot.com/2014/12/donna-osorias-plea-hearing-is-scheduled.html
Osoria Offers
Guilty Plea in Theft
By James Middleton
All of the principals were present in Courtroom I last
Thursday. The honorable C. Robert Tobin III was present
at the bench as was Charles Colburn, the special prosecutor
that was assigned this case when the Boone County state’s
attorney chose not to prosecute the case herself to avoid
any concern over conflict of interest. The public defender
that was assigned the case, Aaron Buscemi was present and
so was the defendant, Donna Osoria.
They all were present to hear Ms. Osoria announce her
desire to change her plea to guilty for having committed
the act of a simple theft. Ms. Osoria was acknowledging
the embezzlement of money from the Boone County circuit
clerk’s office when she was employed there as a clerk now
more than three years ago.
Though much of what occurs in a court of law is
unscripted, when defendant wants to acknowledge to the
court that they are guilty of perpetrating the crime that
was charged, the action inside the room resembles actors
reading from a script. The state prosecutor and the defense
counsel are at once silent as the dialogue is between the
judge and the defendant. The judge is assigned under rules
that manage the procedure and the operation of the court to
ask a series of questions of the defendant that is deigned to
ascertain if the guilty plea is voluntary. The answer to the
questions must appear on the record so, at the moment the
plea is requested and entered, the defendant did offer their
plea of their own volition.
Ms. Osoria had been arrested for the embezzlement and
was under two-count indictment. The first count was for
the act of simple theft or embezzlement of money from the
circuit clerk’s office. The second count of the indictment
was for having committed official misconduct regarding
the theft of the money and the fact that the embezzlement
occurred in a governmental office.
With Ms. Osoria’s entry of a guilty plea for the theft
of money from the circuit clerk’ office, the second count
was dropped. When Ms. Osoria appeared to announce her
plea, she spoke loud. There are many times when these
events occur and the defendant will not speak loud and
their response to the judge’s questions are difficult to hear
Osoria from page...2
First off the judge must get on the record who is the
defendant, their level of education and to be certain that they
are not making the plea resulting from drug inducement.
Further, Judge Tobin told Ms. Osoria that, “The penalty
for a guilty plea is to serve from four to 15 years in jail in
the Illinois Department of Corrections and to also serve
two-years probation.” Ms. Osoria acknowledged that she
understood the jeopardy that she was in and wanted to
plead guilt to having committed the crime. The judge also
reminded Ms. Osoria that she could also be moved by the
court to pay restitution for having admitted to the crime
and she said she understood that could occur.
Mr. Buscemi told the judge that the theft did occur while
Ms. Osoria was in the employ of the Boone County Circuit
clerk’s office where she had access to the money. Mr.
Buscemi also acknowledged that she had taken in excess
of $10,000. However, discovery of the actual amount that
was taken from the clerk’ office appeared to be in doubt.
It was disclosed that Boone County carries an insurance
policy that cover the possible embezzlement of funds from
those offices where cash is managed from citizens that are
making payments to the county. The judge confirmed that
the county insurance policy had paid a claim that totaled
$24,000 and the county was responsible for a $1,000
deductible amount that was not paid by the insurance
company.
Ms. Colburn told Judge Tobin that he would present
to the Court a copy of the check and that the mount paid
by the insurance company could be proven by the state to
have been the amount that was stolen. However, it was not
finally affirmed that, in fact, $25,000 was the total amount
of money that was stolen.
After these matters were discussed, Judge Tobin asked
Ms. Osoria, “Do you still want to plead guilty to the crime?”
She answered that she did want to plead guilty to the crime.
Judge Tobin then followed the rules and advised Ms.
Osoria of her rights and asked her if she had been advised
of those rights by her counsel. She said, “yes.” Judge
Tobin told her that she has the right to a trial and the right
to cross-examine witnesses and he asked her if she still
wanted to plead guilty. Ms. Osoria said, “yes.” Finally,
Judge Tobin asked if she had been pressured to enter the
plea, if she had been forced to enter the plea of if she had
been promised any gifts by anyone for pleading guilty and
she said that this was not the case.
The first count of the indictment against Ms. Osoria was
a Class 1 felony because of the scope of the theft. The
judge asked questions of the state and defense counsel
if they were planning to bring accountants or forensic
auditors to court in the sentencing portion of the matter to
confirm the actual amount that was stolen. Ms. Buscemi
said he would not have those experts in court.
With that, the formal proceedings were almost finished,
but for to set a sentencing date. This date is set to occur
on January 29 t 1:30 p.m. in Judge Tobin’s Court. In that
hearing, because Ms. Osoria had pleaded guilty to the only
remaining charge against her, the actual sentence to be
pronounced by the judge will be heard.
The parties then stepped from the bench and moved
on to their next date. Judge Tobin had earlier heard
arraignments of those that had been arrested the night
before and remained in jail. He had advised them of the
charges the state would seek and the judge also set a bond
for them to pay and to leave jail.
Ms. Osoria who has been released since her arrest on
a bond left the courtroom. Mr. Colburn and Mr. Buscemi
conferred than they too left Courtroom 1 with Judge Tobin
and the circuit clerk assigned the case remaining at the bench.
