Former Dispatcher Cleared Of Theft

Fri., March 27, 1998

From Staff And Wire Reports

A first-degree theft charge against a former Spokane police dispatcher was dismissed when a judge ruled a key element of the crime was never presented during her recent trial.

Kathleen O’Brien, 49, had been charged with one count of theft by deception for allegedly misappropriating money in a bank account of an elderly Spokane woman.

Prosecutors said O’Brien, who had power of attorney for the older woman, arranged for $30,000 to be transferred to her son, Dave Cohen. Cohen filed bankruptcy and never repaid the money to the woman, police documents showed.

But Judge Richard Schroeder dismissed the charges after listening to prosecution witnesses recently in a Spokane County Superior Court trial.

He ruled that no evidence was introduced showing that O’Brien deceived the older woman. The older woman testified that she understood the transfers were loans and that Cohen planned to repay the money eventually.

Police administrators fired O’Brien, a 12-year veteran, after the felony theft charge was filed.

O’Brien said union representatives have requested she regain her dispatcher’s job. , DataTimes

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