Defense: Employee not at fault
Published 9:59 pm Saturday, June 18, 2011
The recent indictment of former Morgan Academy bookkeeper Janet Ellison, 50, no doubt came as a surprise to her, but it also came as a surprise to her attorney P. Vaughan Russell, Sr.
“There had not been any developments in this case in nearly a year. The only thing that changed was the change in assistant district attorneys,” Russell said in an interview with the Times-Journal. Russell was referring to the departure of former Dallas County assistant district attorney John Oxford, who is now with the Baldwin County District Attorney’s office. Assistant district attorney Lloria James is now prosecuting the case.
Ellison is accused of stealing more than $56,000 from Morgan Academy between August 2009 and July 2010, a charge Ellison and Russell strongly deny.
Russell said one of their main points in defending Ellison is the reported poor or non-existent security of where money was kept at Morgan Academy at the time and the number of school employees who had access to those funds.
“By definition, the only person that can embezzle from you is a trusted employee. Because, you’re not going to give someone you don’t trust that kind of access,” Russell said. “The only problem with this is that everyone had access.”
Even though Ellison was dismissed from Morgan Academy, she was allowed to collect her full state unemployment, Russell said, “something you wouldn’t do for someone you believe stole from you.”
After claims were made Ellison stole the reported $56,887.10, Russell arranged for Ellison to take a polygraph exam from a state licensed polygraph examiner S. Neil Rucker. The test took place on Aug. 10, 2010, and according to a copy of the report provided to the Times-Journal, Neil concluded, “after careful analysis of the polygraph charts it is the opinion of this Polygraph Examiner that Mrs. Ellison is truthful when answering ‘No’ to the above listed relevant questions.”
The relevant questions asked included, “have you stolen any cash from monies to be deposited by Morgan Academy; did you ever take any money from Morgan Academy to pay your personal bills and expenses.”
Russell said he asked some Morgan Academy officials to take a polygraph as well, an invitation they refused.
District Attorney Michael Jackson, in a previous article, said Ellison has been charged with first-degree theft, a felony that carries a possible jail term of two to 20 years.
Jackson also said his office is seeking restitution of the funds.