by peter e. bortner
Sharon M. Mullin, who allegedly stole hundreds of thousands of dollars from her former employer, could have charges against her dismissed if she successfully completes the program she entered Thursday in Schuylkill County Court.
Mullin, 48, of Pottsville, must spend two years in the Accelerated Rehabilitative Disposition program, Senior Judge D. Michael Stine ruled.
Prosecutors had recommended that Mullin be allowed to enter the program, during which she must pay all costs of participation in it and comply with orders from the court and the county Adult Probation and Parole Office.
If Mullin does those things, charges against her of theft and theft by deception will be dismissed and she can petition the court to have her criminal record expunged.
State police at Schuylkill Haven charged Mullin and Chester L. Caldwell Jr., Peach Bottom, with conspiring to steal $614,445.62 from Weiner Iron & Metal Corp., Pottsville area, in 2011 and 2012 in order to boost the business of Caldwell's company, Stateline Recycling.
Police alleged that Mullin, who had been a buyer for Weiner Iron & Metal, deliberately had Weiner overpay Caldwell.
Magisterial District Judge James R. Ferrier, Orwigsburg, dismissed two counts of conspiracy and one of receiving stolen property against Caldwell after a preliminary hearing on May 28, 2013.
Joseph P. Nahas Jr., Frackville, Mullin's lawyer, said his client has given up her retirement account in order to pay the restitution in the case.
Assistant District Attorney John T. Fegley said prosecutors are satisfied that the restitution has been paid, so Stine did not make repayment part of his order allowing Mullin to enter the program.
Mullin said little during Thursday's hearing except that she understood the requirements of the program and was entering it voluntarily. Those requirements also include her paying $50 to the Criminal Justice Enhancement Account and perform 20 hours community service.
Nahas said his client wants to move on with her life and was not admitting guilt.
"Ms. Mullin simply took the path of least resistance" by entering the program, he said.
Nahas said he did not know if Mullin might cooperate with prosecutors if they attempt to refile charges against Caldwell.
Prosecutors withdrew a charge of conspiracy against Mullin.