Showing posts with label Assistant State's Attorney. Show all posts
Showing posts with label Assistant State's Attorney. Show all posts

Thursday, November 10, 2011

The McArdle defense fails Mary Davis

It’s ironic that Mary Davis would attempt to use the actions (or inactions) of Julie McArdle as part of her defense. McArdle claimed that Davis and District 150 retaliated against her and violated her First Amendment rights when they tried to prevent her from speaking out about Davis’ taking money from the school. Quite a turn of events to now see Davis attempting to hang her defense on McArdle not speaking out in a timely manner.

Judge allows theft charges against D150 principal to stand

An area judge threw out a request by a former District 150 principal to dismiss charges alleging she stole money from the school district.

Peoria County Circuit Judge Timothy Lucas shot down arguments by Mary C. Davis that indictments handed down last year were barred by the statute of limitations and failed to pass muster for other legal technicalities.

Davis, 52, of Dunlap was charged in April 2010 with 16 felony counts of official misconduct and theft. The counts allege that while principal at Charles Lindbergh Middle School she took money several times between 2005 and 2007.

Davis' attorney contended at a hearing in September that prosecutors didn't file charges in time. At the crux of Davis' argument was that her successor at Lindbergh, Julie McArdle, waited too long to tell authorities, thus barring any prosecution.

But Assistant State's Attorney Seth Uphoff, at a hearing in September, assailed that notion, saying McArdle had no such legal duty to report to police and, regardless, charges were filed within a year of notification. That, the prosecutor said, satisfied any statute of limitations requirement.

Lucas agreed, writing in a two-page order Wednesday that McArdle was not a department or division head and had not been delegated such authority.

Davis is set for trial in January. Source