Draper gets the max
Apache County judge sentences convicted embezzler
to seven years in Arizona prison
By Elizabeth Hardin-Burrola
Staff Writer
Geraldine Draper
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ST. JOHNS, Ariz. After a nearly 30-year criminal career
filled with multiple arrests and criminal complaints, but amazingly
few criminal prosecutions Geraldine Draper was finally given a prison
sentence.
On Monday, Apache County Superior Court Judge Michael Roca sentenced
Draper, 46, aka Geraldine Cavanaugh and Geraldine Gillson, to seven
years in prison for violating the conditions of her probation. In
handing down the sentence, which was the maximum under Arizona law,
Roca cited aggravating circumstances, including evidence that showed
Draper's actions had harmed a number of vulnerable victims, including
Arizona school children and elderly Phoenix area residents.
Although the court hearing was fairly brief, it featured dramatic
new testimony, caustic barbs by the Apache County Attorney, and
a tough parting shot to Draper by the judge.
Felony convictions
Draper's initial 2003 criminal conviction in Apache County stemmed
from her theft of more than $10,000 from her former employer, the
Sanders Unified School District.
That same year, Draper, who was then using the surname of Cavanaugh,
pleaded guilty to one count of embezzlement in Santa Fe, N.M. and
24 counts of embezzlement in Gallup. Both of those cases also involved
thefts from former employers.
A special prosecutor from Santa Fe handled the McKinley County case
since Draper is the half- sister to Gallup's District Attorney Karl
Gillson.
During Draper's probation revocation hearing in January, County
Attorney Criss Candelaria and Deputy County Attorney Edward "Buzz"
France presented testimony and evidence that Draper had begun stealing
money in the fall of 2003 through embezzlement, forgery, and credit
card fraud from her new employer in Phoenix, Ariz. while she was
under Apache County's intensive probation supervision requirements.
Those actions by Draper began less than three months after Draper
gave a tearful, apology performance before District Court Judge
Grant Foutz at her sentencing hearing in Gallup.
Draper's Phoenix employer, Thomas D'Ambrosio, has been awarded a
$1.4 million default judgment against Draper and has turned over
all the evidence from his own internal investigation to the Phoenix
Police Department, which is reportedly conducting a criminal investigation.
D'Ambrosio is now being sued by Lisa Fenton, his sister-in-law,
and Anthony DePetris, a longtime family friend, who claim they met
Draper and were victimized by her through her employment with D'Ambrosio.
Because D'Ambrosio, Fenton, and DePetris are all elderly, they are
considered vulnerable adults under Arizona law.
Students' loss
At the beginning of Monday's hearing, attorney James Houston, who
was substituting for defense counsel Sara Cooper, told Roca that
Draper would stipulate to a seven-year prison term without having
to listen to further testimony from victims.
Although Roca agreed it "would be unpleasant" for Draper
to hear testimony from her victims, he told Houston, "The original
victims have an absolute right to be heard."
Mei Bigelow, the business manager and finance director for the Sanders
Unified School District, did want to testify. According to Bigelow,
the Sanders School District suffered more than just the theft of
$10,000 by Draper, who was the director of the school's federally
funded 21st Century Community Learning Center during the 2001-2002
school year. Through the three-year, 2.5 million grant program,
the Sanders School District, which serves mostly Navajo students,
was trying to offer students an after-school program that featured
academic, athletic, and cultural based programs and tutoring assistance.
Bigelow testified that Draper's theft of program funds, her extortion
of program vendors, her forgery of Bigelow's signature on phony
school documents, and the disappearance of computers and other program
equipment was just minor damage when compared to the loss of the
entire program to the school. Due to the theft, the students at
Sanders lost their after-school program, she testified, and the
school was subjected to three audits by the U.S. Department of Education.
"I strongly feel like Miss Cavanaugh doesn't have any remorse
... ," said Bigelow.
In addition, Draper's attorney consented to three written statements
being entered as exhibits, statements submitted by D'Ambrosio, Fenton,
and Stacey Grandon, Draper's former landlord who file a theft report
against Draper with the Scottsdale Police Department. Of the three,
D'Ambrosio was the only one present in court, and he declined to
testify since Draper had agreed to the maximum prison sentence.
'A real criminal'
In his closing statement, Candelaria commented on the fact neither
Draper or her attorney wanted to make any statement to the court.
"I guess she decided to take the smart road and not say anything,"
he said, adding that every time Draper opens her mouth "fairy
tales" come out.
"Every moment and every breath she takes is full of thoughts
of how she can take advantage of someone else," Candelaria
added.
According to Candelaria, Draper's record reflects a "lifetime
of fraud."
By stealing money from the federally-funded 21st Century grant,
Candelaria said, Draper defrauded all the students in Sanders. "$2.5
million could do a lot of good in the Sanders School District,"
he said.
Restitution is no longer an option, added Candelaria and France,
because it's now apparent Draper paid restitution to victims in
New Mexico and Apache County, Ariz. from money she stole from victims
in Phoenix.
"We don't want her robbing Peter to pay Paul," said Candelaria.
Because of Draper's recent felony convictions in 2003 and because
of evidence of the vulnerability of her victims, Roca did find aggravating
circumstances in the case.
The judge concluded the hearing with a story from his time as a
public defender in Pima County when he was appointed to represent
a career con-artist he described as "a real criminal."
Roca looked at Draper and addressed his last comment to her. "Miss
Draper, I see a lot of people who are the victims of their own frailties
and weaknesses," he said. "You are a real criminal."
Reporter Elizabeth Hardin-Burrola can be contacted at (505) 863-6811
ext. 218 or ehardinburrola@yahoo.com.
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Wednesday
February 7, 2007
Selected
Stories:
Area reps
pin down state's attention; Gallup/McKinley County day at the legislature
is Thursday
Draper
gets the max; Apache County judge sentences convicted embezzler
to seven years in Arizona prison
Police track
alleged criminals
Budget director:
Tighten the purse strings
Deaths
|