ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, October 29, 1996 TAG: 9610290051
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
DATELINE: PULASKI
SOURCE: PAUL DELLINGER STAFF WRITER
A General District Court judge sent three embezzlement charges against former Pulaski County registrar Phyllis Hanks to the grand jury Monday after hearing testimony that she admitted knowing it was wrong to deposit three refund checks to the county to her personal account.
Hanks, 39, had worked in the registrar's office for 11 years and had been county voting registrar for the past six. She was charged in September with depositing three Bell Atlantic refund checks to the county totaling $1,721 to her personal account. She was fired by the county Electoral Board Oct. 14 after the board itself underwent some reshuffling.
Assistant Commonwealth's Attorney Mike Costanzo called only three witnesses at Monday's preliminary hearing: two bank tellers who testified to Hanks' having deposited the three checks to her personal account at Community National Bank and Sheriff Ralph Dobbins.
The drive-in branch tellers said the three checks were made out to the Pulaski County registrar and endorsed "Pulaski Cty. Registrar" on the backs. Both tellers said they knew Hanks and suspected nothing unusual in the transaction.
Dobbins said he interviewed Hanks about the three checks prior to her being charged. He said she told him she had kept the three checks in a drawer in her office for about two weeks while trying to contact Bell Atlantic to find out exactly what they were for. She got busy with pre-election work and never reached Bell Atlantic, she said, and she finally deposited them to her own account.
Hanks said the money had been spent on personal bills. "She stated that she knew what she did was wrong and she was fully prepared to make restitution to the county," Dobbins said. Hanks has since repaid the entire amount.
Bell Atlantic had sent refund checks to several county offices for overcharges.
Defense lawyer Lee Chitwood called no witnesses and tried to question Dobbins about a subsequent statement from Hanks. General District Judge David T. Mullins upheld Costanzo's objection that the second statement had not been part of his direct examination so Dobbins could not be cross-examined on it.
The three-member Electoral Board decided Sept. 24, after Hanks had been charged, to keep her on the job although one member, Margaret Farris, disagreed. At an Oct. 14 meeting, longtime board member A.J. Smith resigned, and the remaining members, Farris and Don Sheffey, decided to ask that Hanks resign or take administrative leave. When she declined to do so, Hanks was fired.
Hanks had wanted to stay on the job through Nov. 15 to get the county through the Nov. 5 election and follow-up work. She had said she would then step down voluntarily.
Beth Ann Holmes of Dublin has been appointed to replace Smith on the Electoral Board.
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