Linda K. Armstrong, a candidate for the Shawnee County Commission, said Monday that her having received diversion on an identity theft charge filed in 2008 “is a moot point, because it’s not a conviction.”
Shawnee County District Court records show the charge against Armstrong, 52, of 3013 S.E. Downing Drive, was dropped in October 2010 after she successfully completed a diversion program.
http://liarcatchers.com/identity_theft_investigation.html
Armstrong is among three Democrats running for the county commission’s 2nd District seat. The others are incumbent Mary M. Thomas, 56, of 3511 S.E. Tomahawk Court, and Kevin Cook, 37, of 1512 S.W. 3rd. No Republicans are seeking the seat.
The Topeka Capital-Journal, while carrying out its standard practice of checking to see if commission candidates had been charged with any crimes in Shawnee County District Court, learned the district attorney’s office in July 2008 charged Armstrong with identity theft with intent to defraud for economic benefit in the amount of less than $100,000 or, in the alternative, identity fraud. Both are felonies.
Court records show prosecutors alleged Armstrong stole or sought to steal the identity of a female acquaintance.
When asked about the case Monday by The Capital-Journal, Armstrong said, “It was a personal matter.”
Court records show Armstrong in October 2008 signed a diversion agreement that deferred prosecution of the case for 24 months provided Armstrong complied with various requirements and conditions. Those included her making restitution payments of $1,265.45 plus interest and paying $172 in court costs.
The charges were dismissed after Armstrong successfully completed diversion in October 2010.
Court records include a letter written by Armstrong to the district court clerk’s office last November noting that details of the case were still available for public view on the district court website.
Armstrong indicated an assistant district attorney told her “that once the diversion was completed these charges would be removed and no public access would be allowed.”
She asked that information about the case be removed from the website, adding that the public access had caused her to be turned down for a job promotion.
The court responded the following month with a letter saying: “The case will not be removed from public access because the charges are dismissed. They are usually only removed when the case is expunged. You will need to contact the D.A. or your attorney for those questions.”
The district court website also indicates a “Mary Thomas” was charged in 1990 with disorderly conduct and in 1995 with battery, criminal trespassing and criminal damage to property. Both cases were subsequently dismissed.
Commissioner Mary Thomas said Monday she wasn’t the person against whom those charges were filed.
