Accused embezzler enters plea
Coeur d'Alene Press | UPDATED 13 years, 1 month AGO
SANDPOINT - A former grocery store manager accused of embezzlement pleaded guilty to an amended charge on Monday in 1st District Court.
Jasen W. Johnson entered an Alford plea to a charge of attempted burglary. Under such a plea, Johnson admits no wrongdoing but concedes he could be convicted if put on trial.
Johnson's plea will be regarded no differently than a standard plea of guilt when he is sentenced early next year.
A binding plea agreement is pending in the case, but it remains under seal. As a result, Bonner County Deputy Prosecutor Shane Greenbank said he cannot divulge the terms of the agreement.
Johnson, 50, was originally charged with grand theft for allegedly using his knowledge of Oldtown Family Foods' accounting system to embezzle as much as $429,000 from 2002 to 2009.
Johnson pleaded not guilty and was scheduled to be tried next month.
But the prosecution and the defense agreed to resolve the matter through mediation. James Michaud, a former senior district judge now in private practice, was selected to mediate.
The state adopted a criminal court rule earlier this year that enables criminal matters to be resolved through mediation, a common practice in civil litigation.
Both sides are asking 1st District Judge Steve Verby to adhere to the sentencing recommendations contained in the plea agreement. If Verby declines to adopt the sentencing terms, Johnson would be free to rescind his plea and proceed to trial.
Although the terms of the agreement remain under wraps, it was divulged in court that one of the terms requires Johnson to pay a $106,000 settlement to the operators of Family Foods.
Attempted burglary in Idaho is punishable by as little as six months in jail or as much as five years in prison.
It's not yet clear if the agreement recommends any jail or prison time, but it appears Johnson's health issues will influence the custodial aspect of the sentence. Johnson, who underwent a heart transplant in 1997, requires kidney dialysis treatments three times a week.
"We don't know when his health will take a turn," Michael G. Palmer, Johnson's Coeur d'Alene defense attorney, told Verby.
Johnson's kidney treatments cost $25,000 a week, according to the defense. The treatment costs would be borne by the public if he's incarcerated.