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A Montgomery County judge Tuesday refused to reduce the $7.5 million bail set for an Upper Gwynedd caregiver who fled the country while under investigation for the theft of money and property from a client.
"Janet Gitney already fled the country once to avoid criminal prosecution," said Montgomery County Deputy District Attorney Steven J. Latzer, who opposed the defense request for a bail reduction. "The idea that we would lower her bail now at her request is simply ludicrous and laughable."
Janet Gitney, 57, and her 38yearold husband, Anthony, both of the 700 block of Brian Way, are accused where to get cheap north face jackets of draining $121,638 from the retirement account of a partially paralyzed Hatfield man; embezzling funds from his other accounts including his checking account and having his home, which has a market value of $222,334, transferred to Janet Gitney.
The couple fled to the Philippines in September 2011 when they learned Janet Gitney was under investigation for theft. Janet Gitney was nabbed on Nov.
Defense attorney Gregory L. Nester, who represents Janet Gitney, said his client was not seeking a lower bail to get out of the county prison.
"She just wants cheap northface jackets more privileges, freedom in the prison," said Nester.
The county prison uses the amount of an inmate's bail to determine that inmate's status, Nester explained.
With her current bail, Janet Gitney is considered a "mediummaximum security" inmate and essentially is confined to her cell and a dayroom for most of the day, according to Nester. His client even has difficulty meeting with a social worker, said Nester, adding he has no difficulties in meeting with her.
Nester requested his client's bail be set at less that $100,000, which would put her in the general population and allow her to participate in various prison programs while awaits trial.
Nester said his client has no intention of posting bail. Janet Gitney does not have any money because the prosecution has frozen all of her accounts for possible restitution in the case, according to Nester.
Latzer said the prosecution has tried to freeze all of Janet Gitney's accounts but there may be some they haven't identified.
Also, given her flight history and the seriousness of the felony charges she is facing, Latzer said it is likely she would try to flee again.
While denying the bail reduction request, Montgomery County Senior Judge William T. Nicholas said he would contact prison officials to request the restrictions for Gitney be made "more tolerable."
Both of the Gitneys were scheduled to appear before another judge Tuesday for a pretrial conference.
At the request of both defense attorneys, the case against the pair will be relisted. That means that, in four to six weeks, the pair will be given a trial date.
Anthony Gitney is free on $1 million unsecured bail after his bail was reduced on Feb. 1.
In addition to the theft charges both face, Janet Gitney also is charged with recklessly endangering another person for leaving her dying father, who lived with the couple, alone and unattended when the two fled the country.
Hospice workers found her 91yearold father, who could not walk, talk or feed himself and who required aroundtheclock care, one day after the Gitneys left the country. The father, who was placed in a hospice care facility, died on Oct. 17.