PONTIAC ? Testimony ended Tuesday in the criminal trial of former Oxford Police Chief Gary Ford as a defense witness testified that he gave permission for Ford to personally cash two donation checks made payable to an Oxford golf club for a charity event that never took place four years ago.
Ford is being tried in Oakland County Circuit Court before Judge Patrick J. Brennan on two felony counts of larceny by conversion. If convicted, the ex-chief faces up to five years in prison.
The jury will hear closing arguments from Oakland County Assistant Prosecutor Paul Walton and defense attorney Christopher Andreoff beginning at 1:30 p.m. today. Ford did not testify in the case.
Ford is accused of cashing and illegally depositing two $1,000 donation checks for a May 14, 1999 Oxford Police golf outing/banquet/awards ceremony that was supposed to take place at Devil’s Ridge Golf Club, but was cancelled. Both checks were made payable to Devil’s Ridge.
According to bank records admitted into evidence by the prosecution, in March and April 1999, Ford allegedly deposited $300 from the donation checks into his personal Oxford Bank account and received $1,700 back in cash.
Each donor received their money back in August 2000, when Devil’s Ridge issued them each a $1,000 check.
Sam Munaco, co-owner of Devil’s Ridge, testified for the defense that he gave Ford permission to cash two checks totally $2,000.
‘I informed Eduardo (Mayin, the golf club general manager) that he had permission to give Mr. Ford the ability to cash those checks,? Munaco said.
This appears to contradict Mayin’s earlier testimony that Ford did not have permission from the club to cash any checks.
Vito Munaco, Sam’s son and co-owner of Devil’s Ridge, also testified that he never gave Ford permission to cash those checks.
During Walton’s cross-examination, Munaco said couldn’t recall when the conversation with Mayin regarding Ford’s authorization to cash checks took place.
Walton pointed out that in an Oct. 1, 2001 interview with the defense attorney’s private investigator, Paul Pash, Munaco indicated he ‘thought he may have given Eduardo permission,? but ‘you (Munaco) weren’t sure.?
According to Pash’s testimony, in the Oct. 3, 2001 interview he conducted with Mayin, the general manager indicated he remembered Ford calling him on the phone and asking if he could cash a check.
Pash said Mayin told him he put Ford on hold, called the pro-shop to see if it had sufficient funds to cash the check and when the general manager learned it didn’t, he told the ex-chief to cash it at the bank.
Pash testified that Mayin could only recall one check, not two, and he didn’t know the amount.
During Walton’s cross-examination, Pash, the former police commissioner (i.e. chief) for the City of Warren, testified that he is ‘personal friends? with Ford and has known him since 1986.
Walton asked Pash if he thought it was a ‘good idea? to send a friend out to interview a witness when it relates to a friend.
‘Probably not,? Pash replied.
However, Pash testified that his relationship with Ford did ‘not at all? affect his testimony.
Walton pointed out that Pash’s report contained no quote marks and that any witness statements contained in Pash’s report were filtered through him.
He asked Pash if he utilized a tape recorder or court stenographer during his interviews. Pash replied no and said that he took notes.
After the prosecution rested Andreoff filed a motion for acquittal citing a lack of evidence against his client.
Andreoff argued that there was ‘no evidence at all? indicating Ford converted the $2,000 in question to his own use with the intent to permanently deprive the donors or Devil’s Ridge of their property. He argued there was ‘no evidence in this record? that Ford had the intent to defraud the property owners.
Andreoff stated that there were ‘no monies missing,? citing the $3,000 check Ford wrote on June 7, 1999 that was deposited in the Devil’s Ridge account, which currently still holds $3,871 in golf outing donor contributions, and the fact that each donor in question was refunded their $1,000 contribution.
The defense also argued that no criminal complaints were ever lodged against Ford by the two donors or Devil’s Ridge stating that he stole or fraudulently converted the funds to his own use.
In response, Walton argued that the intent to defraud occurs at the time of conversion (when the checks were cashed and deposited into Ford’s private bank account) and that ‘subsequent actions of remediation? (i.e. repaying the funds after the fact) ‘do not mitigate the intent.?
Walton also argued that Ford was not given permission by Devil’s Ridge to deposit any golf outing funds into his personal bank account.
Walton said the checks were given to Ford for a ‘very limited purpose,? that being to deliver them to Devil’s Ridge to be deposited there. ‘He was a trustee,? the prosecutor said.
Judge Brennan denied Andreoff’s motion stating that he was ‘satisfied? there is ‘sufficient evidence? to proceed with the trial and said the question of Ford’s intent was for the jury to determine.