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Joy Slatton tries to dodge felony trial

Facing the possibility of going on trial this summer from allegedly misappropriating tens of thousands of dollars in county funds, the attorney for former trustee Joy Slatton and her daughter, Gaye Lentz, says his clients plan to seek a pre-trial diversion, which, if granted, would allow them to escape standing trial on the felony charges.

Slatton faces a 38-count indictment for actions allegedly committed while she was in office, mainly having to do with payroll expenditures paid out to her employee and daughter, Rene Brown, who was being paid while she was at home battling what ended up being a terminal illness.

Lentz, who also worked for her mother in the trustee?s office, is charged with receiving a paycheck for two months she did not work. The amount of misappropriated money, prosecutors claim, is over $30,000, meaning the long-time former trustee could face eight to 12 years in prison if convicted on all charges.

Slatton did not seek a seventh term last year after serving 24 years in the trustee?s office, which basically serves as the county?s bank.

During a pre-trial hearing Monday morning before special Judge Allen Wallace, defense attorney Michael Galligan candidly told the court his clients plan to ask for a pre-trial diversion. A pre-trial diversion would mean neither would have to enter a plea to the charge.

Instead, they will be placed on diversion for an amount of time, usually two years, and the charges would be dismissed and expunged from their records if they have no other brushes with the law during the diversion period. Any trouble with the law during that time would lead to the charges being brought back.

A pre-trial diversion differs from a judicial diversion in that the suspect must enter a guilty plea to get a judicial diversion with any violation leading to the person having to serve their sentence. The judge is the one who approves or denies a pre-trial diversion. Any person with no prior record who has committed a crime no greater than a Class C felony may apply for either a pre-trial or judicial diversion.

Judge Wallace said he wants the application of diversion no later than April 10. Should the diversion be denied, four days have been set aside for trial beginning June 4. However, Wallace said he is optimistic the case can be worked out.

?You all are going to work it out anyway,? Wallace said in setting the trial date. ?I?m an optimist.?

Regardless of the plans, Galligan was not keen on the summer trial date, saying he felt June 4 was too soon. Meanwhile, Special prosecutor Glenn Funk said he felt it would be perfect since motions are to be heard in the case in late May.

In the area of pre-trial motions, Galligan said he foresees several due to the connection between former DA Dale Potter and Slatton.

?This is a case where a former DA indicted his former mother-in-law,? Galligan said. ?While we all may have thought about it, this will likely bring some motions.?

Both Circuit Court Judge Bart Stanley and then-DA Dale Potter recused themselves from the case, resulting in the special prosecutor and judge being selected by the state. The assignments of the special attorneys was what has delayed hearing of the case since the indictments were brought this last summer.

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