Woman sentenced to probation, restitution
An Oliver woman was sentenced to a lengthy term of probation and ordered to make $11,000 in restitution for stealing money from an elderly woman for whom she was caring.
Karen Clingan, 63, was convicted last month of forgery and theft for taking money from Mary Ellen Burhans between March 2008 and May 2009.
Fayette County Judge Steve P. Leskinen said he balanced the cost of incarcerating Clingan with the need to punish her for stealing from Burhans in deciding to sentence her to 4 years, 11 months probation.
Though there was a question about how much restitution would be owed, Assistant District Attorney Michelle L. Kelley and defense attorneys Vincent M. Tiberi and Jason Taylor agreed on an amount before sentence was imposed.
During the course of her probation, Leskinen told Clingan that if she did not make sufficient, ongoing attempts to repay the money that she could be sentenced to up to 20 years in prison.
Burhans, who died in December 2009 at age 90, was a resident at Marquis House in South Union Township, and she hired Clingan privately to be her caretaker. Clingan was not affiliated with the assisted-care center.
State police Trooper Charles Morrison filed charges after a substitute caretaker noticed discrepancies in Burhans’ bank records. Morrison charged that Clingan either wrote unauthorized checks from the account or added money to other checks that were written out to her.
The county’s Adult Protective Services got involved in the case, and conducted more investigation.
Clingan testified in her own behalf at the trial and said that Burhans willingly loaned her money, and she either paid it back, intended to pay it back or worked off the hours to cover the loans.
Prosecutors initially charged that Clingan bilked Burhans out of $46,000, but before the trial, the charges were amended to include a lesser amount.
The restitution will be made in the care of Burhans’ daughter, Sue Johannessen of Texas.
Morrison said the case is precedent setting because it marks the first time Adult Protective Services has been able to successfully prosecute a case after the victim died.
Before Clingan was sentenced, her attorney, Vincent M. Tiberi, asked Leskinen to consider that she had no prior criminal record and cares for her physically disabled adult daughter.