West Virginia woman sentenced to prison in estate theft case
A Fayette County judge ordered a West Virginia woman to spend up to 23 months in jail for stealing her siblings’ belongings from their late mother’s home.
Marlene Wesolowsky, 49, of Morgantown was found guilty in April of theft by failure to make required disposition of funds, which, because it involves an amount over $2,000, is a felony.
Judge Nancy D. Vernon sentenced Wesolowsky to 9 to 23 months behind bars but noted that she’s eligible for the Recidivism Risk Reduction Incentive program and could be out of jail in as short as seven and a half months.
Wesolowsky must also pay $177,351 in restitution, Vernon said. That amount is to be divided, with $146,805 going to Michael Mehall, $3,900 to Ernest Mehall, $10,646 to Ralene DeBord and $16,000 to be paid to the estate of the late Rosemary Mehall of Hopwood.
Wesolowsky could have avoided a jail sentence and been put on house arrest, but, at Thursday’s hearing, she refused to sign documents requested by her siblings, including one in which Wesolowsky would have forfeited any remaining interest she has in their mother’s estate.
The siblings also wanted Wesolowsky to sign a document for the U.S. Treasury indicating that she does not have possession of savings bonds that were part of the estate, so that the bonds could be reissued. They asked her to produce an account of medical bills that were paid from a joint bank account held by Wesolowsky and her mother in order to prove she paid the bills rather than the insurance company.
Frank Mehall Jr. addressed the court with a victim impact statement prior to sentencing. “In my opinion, Marlene has held us prisoners for the past 10 years,” he said.
Vernon read into the record a letter penned by the other siblings, which called Wesolowsky’s actions “unprovoked and spiteful.”
“We the victims have endured tremendous hardships, emotionally and financially,” the letter stated. “She has brought shame on our family with her corrupt behavior.”
Bernadette Rush, a colleague of Wesolowsky’s in a Harrison County, W.Va., school district, said that Wesolowsky, a nationally certified and licensed speech pathologist, has had nothing but positive evaluations in the 27 years she’s been working in that school system.
“She is a loving and compassionate teacher to the students she serves,” said Rush. “I would like the court to know that in 27 years, no one has ever seen any evidence of dishonesty.”
Rush noted that Wesolowsky, now a convicted felon, faces the possibility of losing her job, her license and her credentials and that her students will be at a loss without her.
“The impact of this hearing reaches much further than that,” said Rush, pointing out that Wesolowsky’s three daughters will suffer without their mother as well.
“How very heartbreaking to think of the damage that has been done,” Rush said. “I’m sure her parents wouldn’t have wanted this.”
Vernon said the court was not persuaded by the fact that Wesolowsky will be losing her career, pension and interest in the estate.
The judge called the 10 years of divisiveness and family feuding tragic.
“The only person who had access (to the estate) was the defendant,” Vernon said. “All of those things, all those mementos, are gone. Poof.”
After Wesolowsky was led out of the courtroom in handcuffs to be delivered to the State Correctional Institution at Muncy in Lycoming County to serve her prison sentence, Michael Mehall said he couldn’t describe the feeling of seeing his sister go to jail.
“Unfortunately, she chose money over family,” said Michael Mehall. “It’s very, very sad.”
“There was a very simple solution for this whole case,” he said, “and that was for her to return the items and to sign the necessary documents.”
Michael Mehall expressed gratitude to Assistant District Attorney Doug Sepic, who prosecuted the case, and state police Master Trooper John Marshall, the investigating officer, for their diligence and professionalism.
Wesolowsky’s husband maintained that his wife is innocent and said that she had been “ganged up on” by five siblings.
Rush added, “From her friends, looking in on this, it looks like a witch hunt.”