At the request of the government, the Superior Court has dismissed the charges against a woman who was arrested for allegedly selling her mother-in-law’s furniture without permission.
Superior Court Associate Judge Joseph Camacho dismissed, without prejudice, last week the theft charges against Liva Marie Seman Fitial. A case that is dismissed without prejudice can be refiled again.
Camacho also ordered that any bail posted for the release of Fitial be exonerated and all court proceedings, including her arraignment on Jan. 10, be vacated.
According to the initial motion to dismiss the case filed by assistant attorney general Heather Barcinas, the Commonwealth moved to dismiss the case in order to further investigate the matter.
“…The Commonwealth believes it is in the interest of justice to dismiss the case without prejudice,” she said.
According to court documents, Fitial was accused of stealing and forging several personal checks and selling several pieces of home furniture and appliances of her mother-in-law.
The victim said Fitial stole 12 sets of food warmers, one front-load washer and dryer, and home tools, all of which have an approximate value of $4,000.
The victim said she found out about the forged checks after a family member showed her a copy of a denied check from the bank, of which the victim had no knowledge, adding that she had not signed it. She said she was also visited by several store owners demanding payments because of bounced checks.
Police also talked to a person who said she bought several pieces of furniture from Fitial in late August and in September. She said she wants her money back from Fitial before she surrenders the furniture. She said Fitial was selling the furniture for $800 at the time but accepted $300 as payment. Police showed the victim the pieces of furniture and she positively identified them as her belongings.