The outcomes could have been much worse for former Haven Humane CEO Norm Ryan, accused of taking public money from the animal shelter where he worked.
As it was, he was sentenced today to 180 days in Shasta County Jail effective immediately, to be followed by 180 days’ adult work program and three years’ supervised, formal probation.
A year tied up in court, untold legal fees and court costs. Time and money lost by jurors, witnesses and court staff. Financial loss and personal ramification to Ryan’s family, all over less than $1,400.
Monica Marlow, Shasta County Superior Court Judge, could have accepted the probation department’s recommendation and sentenced Ryan to nearly six years in state prison.
And Marlow could have granted Deputy District Attorney Erin Dervin’s heart’s desire and bestowed upon Ryan an aggravated prison sentence with no parole, based upon what Dervin said was newly discovered email evidence.
Dervin said this new evidence proved Ryan engaged in allegedly fraudulent behavior in a situation unrelated to Haven Humane, in which Ryan received payment for a flight he never took. Details about this new, uncharged evidence were vague, but Dervin’s inference was that Ryan exhibited a “compelling and clear” pattern of criminal behavior.
While Dervin acknowledged that the amount of money Ryan was alleged to have illegally taken from Haven Humane wasn’t that great (less than $1,400), it wasn’t about money. She said the issues at hand were based upon principle – and Ryan’s breach of public trust.
Dervin called Ryan a con artist, a thief and pathological liar, which is how she routinely characterized him throughout the trial in which Ryan was convicted of all five charges against him.
Henry Salcido, the Long Beach attorney who’s Ryan’s newest counsel – his third legal representation in one year – had previously filed a motion for a retrial, based upon Salcido’s assertion that Ryan received ineffective council.
Today’s court session before Marlow was a dual-purpose hearing: one, Ryan’s motion for a retrial and two, a judgement for sentencing.
First, Marlow addressed Salcido’s motion for a retrial, which she eventually denied, although not before she also denied Ryan’s attorney’s request to continue sentencing.
During that first phase of the hearing Marlow agreed there was insufficient evidence for Count 1- which related to Ryan taking public money. The crux of Salcido’s argument was City of Redding contract money given to Haven Humane – a non-profit agency – was so co-mingled with Haven’s other income that it was impossible to determine precisely which was public money and which was private, whether by donations, bequeaths or other incomes. Thus, it was impossible to determine how much public money Ryan is alleged to have taken.
Even so, that left four other convictions to consider related to various fraud and identity theft charges, all of which Marlow upheld on grounds of sufficient evidence.
The motion for retrial part of the hearing contained a few back-and-forth arguments between Dervin and Salcido.
Salcido claimed Ryan’s previous attorneys provided ineffective counsel for his client. Also, regarding charges of identity theft, Salcido pointed out that Southwest Airlines was never a victim and never lost any money at Ryan’s hands. He added that Ryan’s name was with Haven Humane’s on his company credit card, which made moot the point of identity theft.
Dervin claimed Ryan had no one but himself to blame for his predicament. She described him as someone who had a pattern of criminal behavior, someone who was unremorseful and thus, an unfit candidate for probation.
“He’s shown his true character,” Dervin said. “Probation is for people who admit wrong-doing. His attitude shows none of that.”
Salcido said that as much as Ryan would like to speak before the court and express remorse and issue an apology, things were “up in the air” at the moment, which is why Salcido recommended to Ryan that he not speak, so he spoke on his client’s behalf.
“He’s authorized … sincere remorse and apology to everyone involved in this case,” Salcido said.
The sentencing part of the hearing came swiftly: 180 days in Shasta County Jail, served immediately, and a concurrent 180 days served in an adult work program, followed by three years formal, supervised probation.
A bailiff handcuffed Ryan, who sat down for the rest of the hearing, which included Marlow’s reading of court-ordered fines and demands, including many hundreds of dollars in combined penalties, surcharges, fines, restitution and administrative fees, including a payment to Haven Humane Society of $1,386.94.
As part of his probation, he can’t own or use firearms, he must participate in counseling and if he’s ever involved with money in a work situation he must notify his probation officer as well as notify his employer of his conviction. His home, body and vehicle can be searched at any time by any peace officer.
He was given the right to an appeal, which must be filed within 60 days.
But wait, it wasn’t quite over.
An ironic twist came toward the end of the sentencing session. Salcido told Marlow that Ryan is currently involved in a civil jury trial in Southern California, one in which Ryan could potentially be awarded a “significant” sum of money. (The case revolves around Ryan’s previous employment with Head Start in the Los Angeles – in which he’s a whistle blower for alleged financial mishandling within the organization.)
Ryan’s attorney said that the Ryan family had suffered a huge financial hardship in the last year since Ryan was unemployed the entire time. This possible money could help the Ryan family, Salcido said.
With that in mind, Salcido asked if Marlow could postpone Ryan’s jail custody for one week. This, said Salcido, would give Ryan time to attend the Southern California trial. He said that not having Ryan appear at the trial might give jurors the impression that Ryan didn’t care.
Dervin objected, saying Ryan shouldn’t get special treatment.
Marlow denied Salcido’s request for the postponement, adding that if things had gone differently today, Ryan might have been remanded to prison, instead of jail.
As an aside, what Salcido did not mention was that most jurors might question the credibility of a whistle blower who’s serving time for a felony conviction in another county.
Marlow concluded the hearing.
That was that.
The courtroom emptied and the next group of people arrived for their hearing.
Norm Ryan was taken to jail. If all goes according to schedule he’ll be released in March of 2010.
Meanwhile, Cheri Ryan – who’d sat in the courtroom during every hearing, every day of trial, and finally, today, at this sentencing – went home without her husband where she’d face the couple’s four sons.
Cheri Ryan and I spoke during a recess today, and when I asked how she was doing, she shrugged a little and looked like she might cry, but didn’t.
She said things happen in life – disasters, illness, all kinds of negative things – and we all get choices about how to handle ourselves, and what to do next.
“What am I going to do – curl up in ball?, she said. “I have a family to take care of.”
