Tuesday, December 2, 2008

Puckett trial is April 2009

According to the Ledger Independent, a two-day jury trial is scheduled to begin April 20, 2009 in the case of a Flemingsburg man accused of taking more than $2,000 in donations intended for Feed God's Children, a charity he operated with his wife.
Gerald E. Puckett, 52, was indicted in January on two counts of diversion of charitable gaming funds and faces one to five years in prison on each count if convicted. The indictment, alleging he used money intended for charity to pay personal expenses for himself and his wife, came just as Puckett launched a campaign to unseat incumbent Fourth District Rep. Geoff Davis in the Republican primary.
Puckett's wife, Joanne B. Colgan, 52, was also indicted in January on two counts of complicity to diversion of charitable gaming funds. Colgan, however, reached an agreement with the commonwealth that will allow her to avoid jail time, providing she testifies against her husband.
Colgan entered a guilty plea to both counts of her indictment on Sept. 10 and the commonwealth recommended a sentence of four years on each count to be served consecutively. Court documents indicate the commonwealth also agreed to a three-year supervised diversion, which is similar to probation.
In addition to providing "truthful testimony" in Puckett's trial, Colgan must not "serve as an officer or organizer, fund-raiser or member of any charitable organization" and she will be responsible for paying half of $2,115.96 sought for restitution. The court has determined restitution will be divided equally between two licensed charitable organizations in Fleming County, the Cancer Care Club and VFW Post 1834.
Colgan is expected to appear for a Dec. 5 status hearing in Fleming Circuit Court.
Puckett and Colgan were reportedly co-chairs of Feed God's Children, Inc., which shared a mailing address with Kentucky Charities United, Inc. Both organizations are specifically named in the second count of Colgan and Puckett's indictments, with the commonwealth alleging Puckett "diverted funds from a legitimate charitable purpose or lawful expense to his financial benefit by transferring charitable gaming funds from Kentucky Charities United, Inc. to Feed God's Children, Inc. to pay personal expenses for himself and/or his spouse" between Oct. 24, 2006 and Nov. 16, 2006.
Count one of each indictment alleges Puckett "failed to deposit proceeds from bingo and pull-tabs, and kept the profit for himself and/or his spouse" between Oct. 22, 2006 and Nov. 26, 2006.
Records show Feed God's Children, Inc. has been in operation since at least 2002 and periodically held bingo games at a Flemingsburg bowling alley. Those games have ceased. Prior to indictment, the charges were investigated by the Kentucky Department of Charitable Gaming.
This story was written by Michael Arthur of The Ledger Independent