Metternich fined for stealing

Ann Metternich, a former Jefferson City businesswoman, and her attorney listen to Cole County Judge Dan Green (not pictured) impose a sentence on Wednesday, Dec. 2, 2015, following her conviction of stealing.
Ann Metternich, a former Jefferson City businesswoman, and her attorney listen to Cole County Judge Dan Green (not pictured) impose a sentence on Wednesday, Dec. 2, 2015, following her conviction of stealing.

Cole County Circuit Judge Dan Green fined Ann Metternich $1,600 Wednesday, following her conviction for stealing.

Her attorney, Dan Hunt, said he'll file an appeal.

"A $1,600 fine shows this really wasn't very serious," Hunt told reporters before returning to the courtroom for another case. "I'll file the appeal this week."

Metternich, who now lives in Iowa, owned and operated Jefferson City's Victoria's Bridal Boutique from 2000 until she closed it just over a year ago.

A Cole County grand jury indicted her in 2011 on a single charge of theft, for stealing property worth at least $500, but not more than $25,000, from Anderson's Formal Wear, a Minnesota company that supplies vendors with tuxedos and accessories that then are rented to the vendor's customers.

Several Anderson's officials testified during a two-day, judge-tried trial last April that, when company officials noticed some items sent to Metternich had not been returned, they asked her about them - but Metternich insisted they had been returned.

Dennis Gerber, a 33-year Anderson's employee who had served as general manager and vice president, testified the thefts started prior to 2008.

"She refused to pay late charges and replacement charges because she said she had returned them," Gerber told Green.

Eventually, Anderson's developed its own "sting" operation, sending people Metternich didn't know to the store and asking to rent or buy specific items of clothing.

Company officials testified last April they then determined those items were on a list of things Metternich had said she had returned to - or never had received from - the company.

Anderson's then asked Jefferson City police to monitor one "sting" transaction, to show the items had been removed directly from the store and not delivered to the store after being ordered.

Randy Crawford, Anderson's chief financial officer from 1993-March 2013, testified last April the company determined more than $10,000 worth of garments were sent to the store and not returned, including 60 coats and 59 pants.

After taking the case under advisement, Green in October told Metternich he had determined she was guilty of the stealing charge - which is a Class C felony, with a maximum prison sentence of seven years.

Cole County Prosecutor Mark Richardson told reporters after Wednesday's sentencing: "The range of punishment on a Class C felony is a fine of $1 up to $10,000, and/or a jail sentence of one day up to one year, or a prison sentence from one year up to seven years.

"As always, in a judge-tried case, the punishment is set by law to be determined by the judge ... and that's it, as far as what the sentence is."

Still, he said, if the appeals court upholds the conviction, Metternich will be left with that conviction as a permanent part of her record.

"This is a conviction of record," Richardson said.

He wasn't surprised Hunt plans to appeal Metternich's conviction.

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