She withdrew her guilty plea to a lesser charge earlier this year.
YOUNGSTOWN -- A Mahoning County grand jury has again indicted Rosemary Hudak on a charge of stealing money from Frank Ohl Middle School in Austintown, where she once worked as treasurer.
Hudak, 51, of Collingwood Place, Austintown, has been indicted on a charge of theft in office.
Her case has been in the courts for several months. A different grand jury indicted Hudak on the theft-in-office charge last year, and she pleaded guilty in October 2004 to a fifth-degree felony count of theft.
She was scheduled for sentencing last month on that charge before Judge Maureen A. Sweeney of Mahoning County Common Pleas Court.
But Robert Andrews, an assistant county prosecutor, said the state intended to present to the grand jury a case for an indictment on the original theft-in-office charge, which carries a slightly longer prison term of up to 18 months. She could have been sentenced up to one year in prison on the fifth-degree theft charge.
Her lawyer, Samuel Amendolara, asked Judge Sweeney to allow Hudak to withdraw her guilty plea to the theft charge. He argued that appellate courts have ruled that in a case of another indictment being filed based on the same conduct to which a person had entered a plea, a defendant can withdraw that plea. The judge granted his motion.
Austintown police have estimated Hudak took about $10,000. Police have said Hudak confessed taking about $50 daily between December 2003 and February 2004. She also is accused of taking some money collected at school athletics events. Hudak does not have a prior criminal record.
School district officials have said they want to make sure the district gets all its money back from Hudak and also show the children it instructs that one cannot steal money without paying a penalty.