More than 40 people have written letters on behalf of a Hamilton County school board member facing prosecution on a shoplifting charge, but Janice Boydston’s defense attorney has chosen not to file them publicly.
“I just figured that these people wrote personal letters to the judge and did not expect them to be made available to the public,” attorney Sam Robinson, who’s representing Ms. Boydston, said Wednesday. “These are people who are and are not community leaders who support Janice Boydston’s innocence in this case.”
Mr. Robinson said he would not disclose the names of any of the letter writers.
Ms. Boydston is charged with one count of misdemeanor theft under $500, stemming from her arrest last summer for allegedly shoplifting about $32 worth of items from the Lookout Valley Wal-Mart.
The letters accompany her application, filed Wednesday, for an alternative form of sentencing. She is asking for “pretrial diversion” in the case and, if Hamilton County Judge Rebecca Stern grants it, the veteran school board member will not have to admit any guilt in the incident.
Any evidence of Ms. Boydston’s prosecution also will be expunged from her record after one year, meaning that background checks never will show it.
But there “have to be consequences” in the case, according to Hamilton County District Attorney Bill Hall.
Mr. Hall said in April that the only resolution he was considering at the time was “guilty diversion,” which is similar to pretrial diversion but requires a defendant to admit guilt.
Mr. Hall could not be reached Wednesday for comment.
It is possible that Judge Stern could agree with Mr. Hall’s opinion, meaning that Ms. Boydston eventually will stand trial for the misdemeanor crime — a crime that usually involves no jail time and typically is resolved without a jury.
“Ms. Boydston does not plan on admitting guilt now or ever,” Mr. Robinson said in April. “She maintains her innocence.”
The allegedly stolen items included a cosmetics case, a scented candle and a package of shoe inserts, according to testimony at a preliminary court hearing last fall. A Wal-Mart employee testified that she saw Ms. Boydston deliberately put the items in her purse.
Ms. Boydston has pointed out that she paid for about $85 worth of groceries during the same shopping trip.
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Had this case had involved a teacher, there is no doubt that he/she would have been suspended or possibly terminated pending the outcome of this case. Is a school board member not held to the same standards as our teachers are? It would seem that school board members should be held to a higher standard as they set policy, spending budgets, cirriculum, etc for our school system. It looks to me that Ms. Boydston was trying for a 25% discount on her own but got caught. How many more times will this case be postponed so it can die from public interest. Just sit back and watch as our justice system sweeps this under the rug like so many other cases in our city. Had this been a teacher or regular citizen, this case would have been concluded shortly after it happened, not almost a year later. Her next court date is July 27th and I along with many other concerned citizens plan to atttend to see that justice is served.
No, people do make mistakes and Mrs. Boydston had made one as well. It is very possible that those items could have fallen in the wrong place without her knowledge. If this would have been any 'ordinary' person, this wouldn't even be an issue. Plenty of people have been caught stealing from that exact same Wal Mart and were never prosecuted. Never even arrested. Everyone forgets all of the great things Mrs. Boydston has done for the community and the school system!
Those people were stealing intentionally and Mrs. Boydston, made a careless mistake.