The Bradford woman accused of stealing more than $273,000 from Worth W. Smith Co. over a period of nearly nine years of working there is asking the court to throw out the oldest charges against her.
Laurie Recny, 37, is facing 13 counts of theft by unlawful taking, three of which are second-degree felonies and the other 10 are third-degree felonies.
Her attorney, Dennis Luttenauer of Kane, has filed a motion to quash information and a writ of habeas corpus in the case. A hearing is scheduled for 9 a.m. Friday before President Judge John Pavlock in McKean County Court.
Luttenauer spells out in his complaint that counts 2, 3, 4 and 5 should be dismissed, as the statute of limitation for theft is five years. Count 2 alleges that between Feb. 1 and Dec. 31, 2006, Recny took $2,544.02. Count 3 alleges that between Jan. 1 and Dec. 31, 2007, she took $2,666.36. Count 4 alleges that between Jan. 1 and Dec. 31, 2008, she took $42,384.70. And Count 5 alleges that between Jan. 1 and Dec. 31, 2009, she took $29,950.18.
Luttenauer also said counts 1, 6 and 13 should be barred “insofar as they pertain to the alleged thefts prior to December 10, 2010,” the motion read.
Count 1 alleges a total theft of $273,118.09; count 6, a theft of $37,151.80 from Jan. 1 to Dec. 31, 2010; and count 13, a theft of $113,962.10 from Jan. 1, 2009, to Dec. 31, 2011, according to court records.
While it was not immediately clear what the dollar value was of the total charges Luttenauer is asking to have dismissed, it would be more than $77,500 based on counts 2, 3, 4 and 5.
The matter is scheduled for trial in McKean County Court on March 27 and 28.
Recny remains free on $25,000 percentage bail.