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  Nun Wants Trial after Sentenced to Prison

By Dave Roberts
Action 3 News
July 23, 2008

http://www.action3news.com/Global/story.asp?S=8726242&nav=menu550_2

Omaha, NE — Headed for prison, a nun second guesses her decision to make a plea deal. Sister Barbara Markey admits she stole from the archdiocese. But didn't expect the judge at the Douglas County Courthouse would order prison time for the crime. So Wednesday, as Markey gets sent to the women's detention center, her attorney sends a rare motion to the judge.

"It's a long shot but it's something we have to do because it was an aberration to give her this sentence under these circumstances," says Bill Gallup.

The facts according to Gallup, that one, Markey only admits she stole six thousand dollars. And two, a prison sentence goes against the precedent set by other judges only ordering probation for catholic priests guilty of nearly the same crime.

"Take this elderly woman and let the priests go, it just makes you wonder."

"Well we thought that it was an appropriate sentence. I know that Judge Otepka look at the facts and circumstances and knew the law was and thought that was an appropriate sentence," says Douglas County Attorney Don Kleine.

In other similar cases judges chose probation over prison. In 2007 father Stephen Gutgsell admitted to stealing 125 thousand dollars from Saint Patrick Parish and Judge Russell Bowie sentenced him to five years probation.

And in 2006, church business manager Cory Pelnar stole 180 thousand dollars from Saint Bernadette's in Bellevue, getting the same, five years probation.

"She had no record whatsoever and jail is where you put people who are a danger to the community or who need rehabilitation," says Gallup.

Gallup is now willing to take his chances with a jury over a judge.

Markey's hearing is set for September 10th. The same day another Catholic priest, will be sentenced. Father Rodney Adams, a man who admitted to writing bad checks out on church accounts. So while one fights for probation, another may get it.

Contact: dgroberts@action3news.com.

 
 

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