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Theft charge against businessman dropped
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Posted on Jan 08 1999
Superior Court Judge John A. Manglona has dismissed a criminal case filed by the Attorney General’s Office against the owner of Security Title Inc., a firm which provide title reports and issues title insurance policies.
Assistant Attorney General Marvin J. Williams sought the dismissal of the case against Kim F. Anderson due to unavailability of two of the government’s witnesses during the jury trial.
A trial has been scheduled for Monday, but Williams said one of the government witnesses had to go to the U.S. for an urgent meeting and will be away for approximately one month.
Williams said the witness indicated that his attendance on the meeting is crucial and necessary for the survival of his business.
The other witness, is also off-island on an unplanned emergency trip and is not scheduled to return until after the trial date.
“Without the presence of the witnesses, the government would not be able to meet its burden at trial,” Williams said.
Based on the motion and Williams’ declaration, Manglona dismissed the case without prejudice, which means that the government can re-file the charges.
Anderson, charged with theft, was accused of taking a computer disc belonging to Pacific American Title Insurance and Escrow, her former employer.
The disc contained the company’s database and the firm claimed that Anderson used the disc to establish a similar business.
PATCO filed a civil action against Anderson, saying that as a former officer, director and shareholder of the company, she breached her employment contract by soliciting or taking away its customers.
