James Michael Poggione of Buellton, the former manager of Oak Hill Cemetery District in Ballard, is to be sentenced Tuesday for embezzling thousands of dollars from the district to buy gasoline and other items for himself and relatives.

His punishment, however, won't be the focus of attorneys' arguments during the hearing before Superior Court Judge Joseph Lodge in Santa Barbara.

Everyone agreed in January, when Poggione pleaded no contest to embezzlement of public funds, that he will get a jail sentence of no more than 120 days, according to court documents.

The dispute now is whether he should have a felony conviction on his record or whether his crime should instead be reduced to a misdemeanor, so the widely praised coach for youth sports can continue working with children.

His defense attorney, Kay Kuns of Santa Ynez, is urging Lodge to lower it to a misdemeanor. Poggione, 42, has no prior criminal record and “a felony conviction would prohibit him from continuing his work with youth,” Kuns states in a written motion.

Santa Barbara County Assistant District Attorney Patrick McKinley, who is prosecuting the case, strongly opposes anything less than a felony conviction, due to the extent of theft and the breach of public trust involved.

“Enabling someone to coach Little League and have access to children is not an appropriate reason” to reduce the embezzlement count to a misdemeanor, McKinley contends in a written brief to Lodge. “The word should not go out that such individuals can get a misdemeanor, so they can continue their youth activities, where theft of public funds in involved.”

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He also wondered “what kind of public example” would be set if the charge is reduced, when the thefts totaled thousands of dollars through a variety of means over “a long period of time, probably close to a year.”

Poggione was manager of the Oak Hill Cemetery, on Baseline Avenue near Alamo Pintado Road, for 11 years until the district board fired him in October, after three felony counts of embezzlement were filed against him. Under a Jan. 22 plea bargain, he pleaded no contest to one count and the other two will be dismissed. In criminal cases, a no-contest plea is equivalent to an admission of guilt in terms of punishment.

The District Attorney's Office began investigating last summer after county audits of the cemetery district's finances turned up numerous irregularities.

Poggione's embezzlement included charging gasoline with a district credit card for cars belonging to him and his wife, McKinley said. He also purchased things such as a washing machine, an ice chest, a propane tank, a coffee maker and items for relatives - all at the district's expense. Those included a toolbox for his stepson's truck and an office chair for his stepdaughter, according to the prosecutor.

He also was suspected of stealing $1,019 cash paid by a cemetery customer for a burial. That money was never deposited in the district's bank account and couldn't be accounted for when the county audits were done last year.

“This case involved theft of funds from a public entity, not a Kmart, an insurance company, or a department store,” McKinley notes in his brief urging a felony conviction rather than misdemeanor. “Theft of public money, or theft of money by people in a position of trust and confidence, has always been treated with more seriousness by the courts and, in fact, the Legislature.”

Poggione could not be reached for comment and Kuns declined to discuss the case when reached by phone.

She has provided the court with numerous letters in support of Poggione, from people who knew him as a friend, a volunteer for youth sports and an assistant football coach at Santa Ynez Valley High School. Most, including a letter from his sister, describe him as an honest and dedicated man for whom this crime is completely out of character.

“Jim is honest, trustworthy, dedicated and loyal, and possesses a strong moral character,” wrote Linda Johansen, president of the Solvang Chamber of Commerce, who has known him for 10 years.

Praising his skillful and caring coaching of hundreds of young students in youth sports, she described him as “one of the most honorable men I know.”

Poggione was assistant coach of junior varsity football at Santa Ynez High during the 2004 and 2005 football seasons, according to the school's athletic director, Ken Fredrickson.

“He took good care of our student athletes,” Fredrickson wrote in an Oct. 18 letter of support. “He is the kind of guy who would ‘give you the shirt off his back.'”

His efforts with youth sports were also lauded by Vincent Armenta, tribal chairman of the Santa Ynez Band of Chumash Indians.

“Mr. Poggione has, over the years, consistently volunteered his time to coaching and assisting numerous children, including my own sons,” Armenta wrote. “He is a football coach, mentor and role model for these tribal children.”

“Jim Poggione is a man who goes beyond the call of duty,” observed De Rosenberry of Los Olivos, whose son was coached by Poggione while attending Santa Ynez High and in youth leagues. “He has modeled honesty, integrity, hard work and compassion to all those around him.”

Poggione's sister, Andrea Hansen, wrote that his arrest and prosecution “came as a huge shock to me. Of all people, this is extremely out of character for Jim,” she added. “And even with this lack of good judgment, he is still and will always be someone I admire for his honesty, kindness and caring heart.”

McKinley said investigators believe the total loss resulting from Poggione's embezzlement was at least $4,000 and perhaps as high $6,000 or $7,000.

Since his arrest, he has “paid back all but about $1,800” and will pay “an additional $2,000 toward restitution” when he is sentenced, according to Kuns.

Chuck Schultz can be reached at 925-2691, Ext. 2241, or cschultz@santamariatimes.com.

March 3, 2008