Rebecca Case was a kindergartner at Rod Kelley Elementary School when former parent club treasurer Lori McVicar stole more than $50,000 in fundraised money.
Case, now entering her senior year at Christopher High School, accompanied her mother Laura Case – former recording secretary at Rod Kelley during McVicar’s theft and now a library clerk at Luigi Aprea Elementary – for Wednesday’s probation violation hearing.
“If she gets away with it, what’s to stop her from doing it again?” said Rebecca outside the Hall of Justice in San Jose, a place she vaguely remembered visiting with her mother during the 2001 investigation into missing funds from the Gilroy elementary school.
McVicar, 48, who wore a long sleeved pink shirt with a leopard pattern shawl and black slacks to court, was ordered to report within the next two days to the County Department of Revenue, which will make arrangements to begin having McVicar’s wages garnished. According to judge Rene Navarro, the garnishment – the amount of which is determined by the Department of Revenue – can be up to 25 percent of McVicar’s income. Deputy DA Mary Robinson declined to specify how much McVicar makes and where she is currently employed.
“We’re frustrated, but cautiously optimistic,” said Melissa Avila-Carroll, who now holds the same Rod Kelley treasurer position that McVicar exploited more than a decade ago. “I can’t fathom being in this position of trust and violating this position of trust. It makes me ill.”
McVicar’s ill-fated attempt to get away with stealing $54,533.39 by forging checks intended for scholastic items such as library books and playground equipment ended with her 2002 conviction for grand theft and forgery.
However, the aftermath of her actions continues today: McVicar still owes approximately $15,000 in restitution to Rod Kelley. McVicar’s next court date, a formal probation hearing, is scheduled for 1:30 p.m. Aug. 29 in San Jose.
“She needs to be held accountable,” said Laura Case.
Case’s signature was on some of the parent club checks that McVicar altered by washing over the payee’s name, then issued to herself. “She’s had no jail,” Case continued. “She’s had to pay no interest. She’s getting off light.”
Christine West, another Rod Kelley parent club member who attended McVicar’s previous hearing in May with school principal Luis Carrillo, called the judge’s ruling to continue the probation hearing until the end of August “disappointing.” West, however, was glad to see Judge Navarro deny the defense’s request to terminate McVicar’s probation.
Deputy public defender Mary Steel argued there were “due process concerns” for McVicar’s right to a “speedy hearing” since her probation revocation was in November 2011.
Steel also told the judge that McVicar’s memory of her financial status from August 2007 to November 2011 was “not perfect,” thus limiting her ability for an adequate defense. Due to those prejudices, Steel insisted McVicar’s probation, which started back in May 2002, be reinstated and then terminated.
Instead, the judge ruled in favor of the prosecution’s motion for a formal probation hearing, where the next course of action for McVicar’s violation of failing to make monthly restitution payments and ability to make those payment will be argued.
According to parent club records Avila-Carroll brought with her to court, McVicar has paid $1,880 since June 2012. At that pace, it will take “eight more years” before McVicar has finally paid Rod Kelley back in full, Avila-Carroll protested. In January 2013, McVicar earned $3,600 and paid $1,400 in bills, according to Robinson.
“I’m glad that it is continuing and that her probation was not terminated. That is a good sign,” said Avila-Carroll, adding that nobody at Rod Kelly past or present will be “satisfied until full restitution is made.”
When McVicar appeared in court back in July 2007, she made a $3,200 payment – her largest since giving back roughly $24,000 of the sum after being convicted. When she submitted her payment plan, she was expected to pay $100 per month through 2007, then $150 per month until mid-2008, then $200 per month until September 2008, where she would finish out paying the total sum with $280 payments until there was a zero balance.
The payments are supposed to be made to the Santa Clara County Department of Revenue, which in turn disperses the validated funds back to Rod Kelley.
