HONOLULU — The State of Hawai‘i Intermediate Court of Appeals on Wednesday upheld a 5th Circuit conviction in a church theft case. Daria Silvano Bruce, 66, of ‘Ele‘ele, was sentenced in late 2008 for a first-degree theft conviction after being
HONOLULU — The State of Hawai‘i Intermediate Court of Appeals on Wednesday upheld a 5th Circuit conviction in a church theft case.
Daria Silvano Bruce, 66, of ‘Ele‘ele, was sentenced in late 2008 for a first-degree theft conviction after being found guilty by a jury of moving as much as $85,000 in donated funds from church accounts to her personal bank accounts over a span of six years.
Bruce was a secretary at Kalaheo’s Holy Cross Church and its ‘Ele‘ele satellite Sacred Heart Parish in 2005. She was fired after an investigation uncovered that church funds deposited to the Filipino Catholic Club, where Bruce served as a board officer, including terms as treasurer and president, were then transferred to her personal accounts, as The Garden Island reported in 2006.
“This was not just a theft, it was a complete violation of the trust and good will of the community,” said Prosecutor Shaylene Iseri-Carvalho of the Appellate court decision. “Taking advantage of people’s faith and generosity is simply unconscionable, and we’re extremely pleased with the court’s decision.”
Bruce was indicted on Jan. 23, 2006. The trial was postponed nine times before Judge Randal Valenciano of the 5th Circuit denied another motion to continue the case.
The two-week trial began on Aug. 4, 2008 with attorney William Feldhacker representing Bruce. The jury reached a unanimous guilty verdict on Aug. 21, 2008.
Valenciano sentenced Bruce to a five-year probation on Dec. 26, 2008. She received the maximum allowable 18-month jail term with probation, and was ordered to complete 500 hours of community service and pay $5,000 in restitution.
The court reportedly ordered restitution of the amounts not covered by the church insurance.
However, O‘ahu attorney Michael Jay Green filed an appeal on behalf of Bruce. The sentencing was stayed and she was allowed to transfer her $5,000 bail until the appeal process was completed.
The prosecution filed its response to the appeal and waited, said Iseri-Carvalho. The victims in the case called her each year asking why Bruce hadn’t spent a day in jail since the sentencing, she added.
“It is not unusual for appeals to take this long,” Iseri-Carvalo said.
In an appeal situation the court has the discretion in felony cases to allow the defendant to serve their time or to bail out during the stay of sentencing, Iseri-Carvalho said.
Bruce was not required to meet the remaining conditions of her sentencing while the appeal was being considered.
