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| Birkholz back in court |
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| News - Miami County News | |||
| Written by Brian McCauley | |||
| Wednesday, 18 February 2009 09:00 | |||
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The message to Catherine Birkholz was simple last week during a hearing at the Miami County Courthouse: Pay up or face time behind bars. Birkholz pleaded guilty in 2006 to stealing more than $264,000 from Paola residents Pat and Kelly Rayne. Birkholz was working as a bookkeeper for Jerry’s Tax Service in Paola at the time of the theft, and she was handling the accounting and bookkeeping services for Professional Pest Control, the Raynes’ business. She was sentenced to one year in prison, but the sentence was suspended by District Judge Amy Harth, who instead placed Birkholz on probation for two years. Birkholz, who agreed to a plea agreement with Miami County Attorney David L. Miller, was forced to pay back $125,000, a figure decided upon in the agreement in return for her guilty plea. On Thursday, Birkholz appeared in court during a hearing to discuss revoking her probation. Miller said, as of Dec. 10 of last year, Birkholz had only paid back $35,544. “If you can’t pay it, serve your sentence, that’s the bottom line,” Miller said. “You have to get it paid.” Miller recommended reinstating probation for another 24 months, with monthly payments set at $3,727. Birkholz said she is trying to pay her debt off, but that payment schedule would be difficult to maintain. “I am trying to the best of my ability to pay this back,” she said. “I will try my hardest to do it.” Miller also questioned the status of Birkholz’s vacation lake home in Missouri, citing that it appears a payment had been made on it. Harth told Birkholz’s defense attorney she wanted the financial specifics about the home and its related account before the next court hearing, which was scheduled for 3:30 p.m. April 2. “I understand the concept of letting people keep their houses, but this isn’t even the house she lives in,” Harth said. Harth reinstated probation for 24 months but did not impose the requested payment schedule. She said she would entrust the probation officer with the duty of monitoring Birkholz’s payments based on her income.
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