Nearly two years after his arrest in July 2001, former Oxford Police Chief Gary Ford is finally standing trial for two of his alleged crimes.
Ford faces two felony counts of larceny by conversion in a criminal trial that began Monday before Oakland Circuit Court Judge Patrick J. Brennan.
At the heart of the case are two $1,000 donation checks from local businesses, made payable to Devil’s Ridge Golf Club, that were mailed to Ford for a May 14, 1999 police golf outing/banquet/awards ceremony that was cancelled. The ex-chief solicited both donations.
Ford allegedly negotiated these checks at Oxford Bank on March 31 and April 22, 1999, depositing $300 into his personal bank account and receiving $1,700 back in cash.
However, the contributors didn’t receive their money back until August 2000. The contributors were American Aggregates of Michigan and Indianwood Limited Partnership, the development company for the Lakes of Indianwood subdivision.
Oakland County Prosecutor Paul Walton said Ford cashed these checks and deposited part of them into his personal account without the permission of, without consulting with, and without any authority from either Devil’s Ridge or the contributors.
Walton said Ford has ‘claimed ignorance,? that he ‘didn’t know? what he did was ‘wrong.?
‘This is not a case of ignorance,? he told the jury. ‘This is a case of arrogance.?
According to the testimony of Scott Carson, the general manager of American Aggregates who wrote one of the donation checks, Ford called him June 23, 1999 to ask how he wanted the company’s $1,000 contribution handled since the golf outing didn’t occur.
Carson said he told Ford to hang onto to the money if there was a chance it could be rescheduled, but if it was definitely cancelled, he would ‘expect? to get the money back. Carson testified that Ford gave him no indication he deposited the money into his personal bank account.
Jack Carnahan, the project manager for the Lakes of Indianwood subdivision who wrote the other $1,000 donation check, testified that Ford called him in either April or May 2000 and asked if he could ‘use the money to help with the defense since he was being investigated.?
‘I told him no. The money had been given for a police recognition day, and I didn’t think it should be used for any other reason,? Carnahan said.
Ford’s attorney, Christopher Andreoff, argued some of Carnahan’s testimony contradicted statements he made to the Oakland County Sheriff’s Dept. in May 2001.
‘I don’t remember the exact words stated? when he and Ford spoke on the phone, Carnahan said.
However, on Walton’s redirect, he noted that in Carnahan’s interview with the sheriff’s department, he indicated Ford asked to keep the donation to ‘clear up some legal problems with the (police) department.?
Carnahan testified that he told Ford ‘no? because he didn’t think the money should be used for that purpose. ‘The money wasn’t given for that,? he said.
Andreoff didn’t deny Ford negotiated these two donation checks.
‘We admit he deposited two checks into his personal account,? he said.
However, Andreoff argued that Ford deposited the checks into his personal account after receiving permission from Devil’s Ridge.
Andreoff said Eduardo Mayin, general manager of Devil’s Ridge, gave Ford permission to do this ‘although his recollection is faint because this occurred four years ago.?
Andreoff said Salvatore ‘Sam? Munaco, co-owner of Devil’s Ridge, remembers giving permission to Mayin and Ford to cash two checks made out to the golf club.
However, both Mayin and Vito Munaco, co-owner and operator of Devil’s Ridge, testified that Ford did not have any authority to cash and deposit checks made payable to the golf club.
Cynthia Edgett, Loss Prevention Manager for Oxford Bank, testified that it ‘wouldn’t matter? if Devil’s Ridge had given permission to Ford because ‘legally he could not negotiate the checks.? Edgett testified that the former Oxford Bank teller who negotiated the checks for Ford made a mistake by doing so.
Former Oxford Bank teller Teresa Aho testified that it was ‘human error? on her part which allowed Ford to allegedly cash the check from Indianwood Limited Partnership. ‘This check never should have been deposited into his account,? she said. ‘It should have went into the Devil’s Ridge account only.?
However, because the check from American Aggregates had ‘care of Gary Ford? printed under Devil’s Ridge Golf Club and the Oxford Police Department in the portion listing the payee, Aho said that led her to believe Ford could cash the check.
However, Edgett testified that the check only had two payees ? Devil’s Ridge and the Oxford Police. She said the ‘care of Gary Ford? is a ‘mailing thing,? ‘it doesn’t make him a payee.?
Although Ford allegedly endorsed the check ‘Gary Ford for Devil’s Ridge,? Edgett said he still did not have the authority to deposit it into his personal account.
Andreoff argued that Ford can’t be convicted of larceny by conversion because he didn’t ‘have an intent to injure and defraud the owner of that property permanently.?
Ford’s attorney and witness testimony indicated that Ford wrote a $3,000 check to Devil’s Ridge in June 1999 that was applied to his account there, which held the golf outing donations and which, according to evidence and witness testimony, was used by Ford as a running tab to charge meals, drinks and items from the golf pro-shop.
Andreoff and witness testimony also indicated that $2,000 was returned to the two contributors in August 2000 via checks issued by Devil’s Ridge. ‘No one is out any money here. Zero,? Andreoff told the jury.
Andreoff submitted into evidence a ‘reconciliation? of Ford’s Devil’s Ridge account prepared by Mayin in 2000, which divided the single account into contributions for the golf outing and Ford’s personal expenses at the club.
Munaco testified that he made a ‘mistake? co-mingling Ford’s personal and business funds into one account. ‘I wasn’t aware it was supposed to be separate.?
According to the reconciliation ? which Munaco testified was more accurate than the original account record introduced into evidence by the prosecution ? Ford still owes Devil’s Ridge $1,612 and $3,871 in contributions for the gold outing are still sitting in the account.
Andreoff argued the original account record being used by the prosecution was ‘in error,? was ‘not a complete document because pages from previous years were missing and was ‘confusing.?
Walton objected to the reconciliation being entered into evidence, arguing it was a document ‘prepared in anticipation of litigation,? not during the regular course of the golf club’s business. Judge Brennan allowed the document’s admission into evidence.
Ford’s trial resumes Wednesday afternoon (today) and is scheduled to continue through Tuesday, May 27. Ford also faces a felony charge of misconduct in office and a misdemeanor charge of willful neglect of duty, for which he must be tried separately. That trial is likely to begin at the conclusion of this one, according to Walton.