SMETHPORT — Attorneys are arguing over what charges Bradford woman Laurie A. Recny — accused of stealing hundreds of thousands of dollars from her former employer — should face in trial.
Recny, 37, is facing allegations she stole more than $250,000 from Worth W. Smith in Foster Township between 2006-15 while a cashier there.
Her privately obtained attorney, Dennis Luttenauer, appeared in McKean County Court on Thursday saying some of the charges against Recny were filed beyond the statute of limitations period, therefore making them illegal. Meanwhile, District Attorney Stephanie Vettenburg-Shaffer argues that not only are they legal, but she is requesting that another charge — a second-degree felony charge of theft by deception — be added to the list.
The attorneys appeared before President Judge John Pavlock. Recny was absent, having been granted the ability to not to attend the hearing by Pavlock.
Recny currently faces 13 felony charges of theft by unlawful taking — one count encompassing all 10 years of her employment; one count encompassing a period from Jan. 1, 2012, to Sept. 2, 2015; one encompassing a period from Jan. 1, 2009, to Dec. 31, 2011; as well as 10 that each represents a different year of her employment, according to information related at her preliminary hearing.
Shaffer said the 14th count she would like to add would include a period of Jan. 1, 2006, through Sept. 2, 2015 — the day Recny was fired for the alleged thefts.
Charges were filed in 2015 — 10 years after her 2006 hire date. The statute of limitations says that prosecution of such allegations must be “commenced within five years after being committed,” said Luttenauer. Therefore, he believes any thefts prior to 2010 may not be prosecuted.
While Shaffer agreed that the statute of limitations would normally be five years for the charges, she explained the statute has “certain exceptions” — among them a “continuing course of conduct.” According to Shaffer, the alleged thefts continued from 2006 until 2015 before Recny was caught.
After some discussion, Luttenauer said, “This is the first I’ve heard these arguments from the Commonwealth” and explained he was not prepared and wanted time to respond.
Pavlock initially voiced an order asking for briefs from the attorneys, but, after further discussion, instead made an order that a three-hour hearing would be scheduled in the matter.
Recny remains free, having posted 10 percent of $25,000 bail. A jury trial is scheduled for March 27-28.
