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  Ex-Priest's Theft Case All or Nothing As Plea Talks Break down
Accused of Embezzling $1 Million in Donations. Defense Seeks Dismissal.

By Jay Richards
The Morning Call
January 7, 2008

http://www.mcall.com/news/local/all-b3-3ascolese.6214789jan07,0,2302959.story

Warren County prosecutors said Friday that there will be no plea negotiations in the case of former priest Robert Ascolese, who is accused of embezzling nearly $1 million in church charity funds.

Defense attorneys said they will seek to dismiss indictment charges against Ascolese and alleged accomplices in March.

Ascolese, 46, now living in Perth Amboy, N.J., was indicted in September 2006 on charges of theft, forgery, issuing forged checks, falsifying public records, tampering with public records, theft by deception and conspiracy. He allegedly embezzled nearly almost $1 million in funds from St. Joseph Roman Catholic Church in Washington, N.J.

William P. Quilban, 66, and Stella Quilban, 68, both of 6 Bridlepath Lane, Hampton, N.J., were indicted on charges of conspiracy and theft by deception. They rejected an offer to enter the pretrial intervention program, in which the criminal charges would have been dropped after they served probation if they had testified against Ascolese.

"Negotiations failed. There is to be no plea agreement. The offer is the same as was offered last year," Assistant Prosecutor Craig Barto said Melvin Wright Jr., attorney for Ascolese, said he met with Barto and prosecutor Thomas S. Ferguson and thought he had worked out a tentative plea deal in which his client would plead guilty to a second-degree theft charge and get a third-degree sentence, which would be a maximum of three years in state prison.

Wright said he thought the only issue to be worked out was restitution to the charitable foundations operated by Johnson & Johnson and Merck. Wright said the pharmaceutical companies were not seeking restitution until the prosecutor's office contacted them. He noted Johnson & Johnson is now seeking $76,000, and Merck is awaiting an investigation before deciding whether or not to seek restitution. Merck originally had sought $200,000 restitution.

Wright said Ascolese "has no assets. You can't get blood from a stone."

Barto said negotiations ceased after Wright demanded all other charges be dismissed against Ascolese once he pleaded guilty to a second-degree charge.

On March 6, Wright said, he will argue for a motion to dismiss the indictment against Ascolese. Defense attorneys Kevin Benbrook, representing Stella Quilban, and Thomas Fischer, representing William Quilban, also have filed motions for indictment dismissals.

 
 

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