Nealley to mount affirmative defense if taken to court, her attorney says
Rob Silverblatt
Issue date: 11/16/07 Section: News
Jodie Nealley, recently fired from Tufts for allegedly embezzling around $300,000, will mount an affirmative defense should she go to court, according to her attorney Howard Lewis.
Still, no charges have been filed yet, as an investigation is still ongoing, according to Middlesex County district attorney's office spokesman Corey Welford.
"I don't want to speculate on the course the investigation will take," he said. "We will follow the facts wherever those lead."
But Lewis, of the local firm Lewis and Leeper, LLC, conceded that Nealley will almost certainly face charges. If the case goes to trial, Lewis said Nealley will plead not guilty by reason of a yet undisclosed factor.
"Once this plays out, I think you'll see that there's a reason how this could have happened," he said.
Even as the investigation is unfolding, Lewis said he has gotten several encouraging phone calls from Nealley's acquaintances.
"I've never had a case [where] I've represented somebody pre-indictment [and] had so many calls from her co-workers and her friends that have offered support," he said. "It's just very pleasant that there are so many people she worked with and so many friends that could have felt upset by what happened but still are very, very supportive and understanding."
As such, he said that testimony regarding Nealley's character may play a part in advocacy for her.
Last week, Nealley admitted to university officials that she embezzled from the university, and Lewis said he is prepared to challenge her concession if necessary. "I'm not sure if we're going to have to, though," he said.
While the trajectory of this case has not been determined, local criminal defense attorney Elliot Savitz said that most embezzlement charges never make it to trial.
"Most cases are negotiated before ... the trial stage," he said.
He also said that prosecutors generally request full restitution from the guilty parties. "You're going to look for restitution because you want to make your victim whole," he said. "That's very important."
Still, no charges have been filed yet, as an investigation is still ongoing, according to Middlesex County district attorney's office spokesman Corey Welford.
"I don't want to speculate on the course the investigation will take," he said. "We will follow the facts wherever those lead."
But Lewis, of the local firm Lewis and Leeper, LLC, conceded that Nealley will almost certainly face charges. If the case goes to trial, Lewis said Nealley will plead not guilty by reason of a yet undisclosed factor.
"Once this plays out, I think you'll see that there's a reason how this could have happened," he said.
Even as the investigation is unfolding, Lewis said he has gotten several encouraging phone calls from Nealley's acquaintances.
"I've never had a case [where] I've represented somebody pre-indictment [and] had so many calls from her co-workers and her friends that have offered support," he said. "It's just very pleasant that there are so many people she worked with and so many friends that could have felt upset by what happened but still are very, very supportive and understanding."
As such, he said that testimony regarding Nealley's character may play a part in advocacy for her.
Last week, Nealley admitted to university officials that she embezzled from the university, and Lewis said he is prepared to challenge her concession if necessary. "I'm not sure if we're going to have to, though," he said.
While the trajectory of this case has not been determined, local criminal defense attorney Elliot Savitz said that most embezzlement charges never make it to trial.
"Most cases are negotiated before ... the trial stage," he said.
He also said that prosecutors generally request full restitution from the guilty parties. "You're going to look for restitution because you want to make your victim whole," he said. "That's very important."
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