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Tuesday, December 23, 2014

Charges will stand against former Barre tax collector

Charges will stand against former Barre tax collector
By Gary V. Murray TELEGRAM & GAZETTE STAFF
gmurray@telegram.com


WORCESTER — A judge has denied a motion to dismiss one of the charges against a former Barre tax collector accused of stealing more than $300,000 in public funds.

Marcia Langelier, 62, of 732 Wheelwright Road, Barre is awaiting trial in Worcester Superior Court on indictments charging her with larceny by a single scheme, embezzlement by a municipal or county officer and making false entries in corporate books.

Prosecutors allege that Ms. Langelier stole in excess of $300,000 from the town between Jan. 1, 2005, and July 31, 2011, while serving as Barre's elected tax collector.

She has pleaded not guilty.

Prosecutors alleged at the time of Ms. Langelier's initial October 2013 arraignment that she had accrued gambling losses totaling $350,000.

In a Dec. 1 ruling, Judge James R. Lemire denied a motion filed by Ms. Langelier's lawyer, John J. Roemer, seeking dismissal of the indictment alleging the making of false entries in corporate books.

Mr. Roemer contended dismissal was warranted because the town is not a corporation within the meaning of the applicable statute. The defense lawyer further maintained the law was unconstitutionally vague as applied to his client because the term "corporation" was not defined either in the law or through judicial interpretation.

Judge Lemire did not issue a written decision, but hand-wrote in the margin of the motion to dismiss that it was being denied for the reasons stated in Assistant District Attorney John A. O'Leary's opposition brief.

The prosecutor's written opposition was previously impounded by the court at Mr. O'Leary's request because it contained references to evidence that was presented to the grand jury.

Judge Lemire also denied Mr. Roemer's motion to report the issue to the state Appeals Court as a question of law and ask the appellate court to decide, before trial, whether the statute applies to town officials and employees.

Ms. Langelier's case has been continued to Jan. 21.

Contact Gary V. Murray at gmurray@telegram.com. Follow him on Twitter @GaryMurrayTG

1 comment:

  1. This is a sad story. I believe gambling is as addictive to some people as alcohol or drugs. What this woman did was wrong, but I do feel bad for her. If there were more checks and balances, maybe it would not have been so bad if she had been caught earlier. Bev.

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