SOUTH BEND — Former New Carlisle Clerk-Treasurer Cathy "Katie" Keck learned Friday the judge who will sentence her for stealing town money cannot decide whether to send her to jail.

St. Joseph Superior Court Judge Roland W. Chamblee Jr. said one of his stumbling blocks — no matter how much support she has or how good a person people say she is — was her violation of a "position of trust’ in stealing some $80,000 from the town while holding a public office.

The judge said he was considering all the letters and other information he has received about Keck, who resigned in October after Indiana State Police seized town records to investigate reports of missing money.

Keck served four years in office and was expected to be re-elected to another term last year.

Chamblee told Keck and her lawyer, David Keckley, that he needed more time to contemplate what he will do.

The judge outlined his proposed sentence on Keck’s guilty plea to three felony charges of theft and one misdemeanor charge of official misconduct.

Chamblee said he anticipated imposing 18 months for each theft charge and the maximum 12 months on the misdemeanor charge, for a total of 5½ years.

The quandary, he said, is whether to suspend most of the time or all of it. He also is contemplating the length of probation for Keck.

Chamblee said he had sent people to prison for less serious crimes.

"I think you’re a wonderful lady who made a bad mistake," Chamblee told Keck, who began crying during the hearing.

The amount taken, $80,000, is one reason Chamblee said he will not agree to treat the felonies as misdemeanors for sentencing, as requested by Keck’s lawyer.

Deputy Prosecutor Amy Cressy noted the prosecution did not oppose misdemeanor treatment and said that Keck had been fully cooperative when confronted by authorities and had made full restitution.

The town council wanted community service and probation for Keck, Cressy said.

Town Council president Carolyn Higgins was there to speak, if necessary, but the judge said he knew the council’s position from the letters he had received.

"I think when she was confronted she did everything that she could to put Pandora back in the box," Chamblee said of Keck.

Chamblee said he will announce the sentence Sept. 17.

Keck took the money for her personal use, according to statements she made to police, but no reason was mentioned in April when she pleaded guilty.

After court Friday, Keckley said the money went toward her family and "there were no drugs, alcohol or gambling or anything like that" involved.

Keck took the money by writing checks to herself or by helping herself to money from the town’s cash drawer, police said.

The theft charges accuse her of illegally writing checks in April, July and September 2007 for amounts between $1,100 and $3,600.

As an aside to the lawyers, Chamblee said if the prosecutor’s office wanted to refile the case as a misdemeanor and have Keck withdraw her prior plea and enter one to a misdemeanor, it would take the decision on misdemeanor treatment out of his hands and put it with the prosecutor’s office.

Staff writer Marti Goodlad Heline:
mheline@sbtinfo.com
(574) 235-6327