Two graduates of the College were arraigned in Middlesex Superior Court yesterday and pleaded not guilty to charges that they stole $132,000 raised for children's cancer treatment through an Eliot House ice skating show.
Charles K. Lee '93, who cochaired the 1992 An Evening With Champions, will now be tried on 58 counts of larceny over $250 and eight counts of larceny under $250. Lee is accused of staling nearly $120,000.
David G. Sword '93, the treasurer of the 1991 and 1992 events, will face one count of larceny over $250. Sword is charged with the theft of more than $12,000.
Lee answered with a simple "not guilty" when asked by Clerk Magistrate Robert F. Shell to enter a plea.
"What say you, Mr. Sword?" Shell asked Lee's codefendant.
Sword also answered "not guilty."
An Evening With Champions is an annual ice skating show featuring Olympic and other world-class skaters. The event was established 25 years ago to aid the Jimmy Fund, which raises money for children's cancer research and treatment at the Dana-Farber Cancer Institute.
Shell set bail at $5,000 for Lee and $2,5000 for Sword. Both defendants posted bail by the end of the day, according to district attorney spokesperson Jill Reilly, but must be in contact with the Middlesex Probation office once each week.
Bail was set despite requests from both defense attorneys that their clients be allowed to go free.
Mary Beth D. Cassidy, the assistant district attorney who is prosecuting the case, cited the gravity of charges in requesting the bail. She also pointed out that money was allegedly stolen from a children's cancer charity.
The defense attorneys argued that their clients had no prior criminal records.
James W. Lawson, who is representing Lee, emphasized the strength of his client's character in arguing against the setting of bail.
Lawson said that Lee participated in many service-oriented activities while at Harvard. Lawson mentioned the Big Brother program, as well as his service filing books in Lamont Library and ushering in Memorial Church. He also said that Lee is head of his hometown church's community service program for young members.
Lawson also gave the court two letters which he said affirmed his client's good character. The letters were written by Lee's mother and church pastor.
Lawson said Lee is "in no risk of flight." He said his client was well aware that the case has been under investigation for more than a year and that he cooperated fully with the district attorney during that time. Lawson pointed out that Lee had voluntarily surrendered.
Robert Canty Sr. '57, Sword's attorney, also said his client had voluntarily surrendered and cooperated.
But although bail was set, Canty did achieve at least one victory for his client.
The court granted Canty's request that Sword be allowed to travel abroad.
What Next?
Cassidy has already presented some of the evidence she may use. The assistant district attorney told the court yesterday that Sword has "given a statement to authorities admitting the theft."
She said outside the courtroom yesterday that Sword did not make the statement in the presence of his lawyer, but that he had, in fact, come forth voluntarily. Asked yesterday by the press about his client'sstatement, Canty said, "I'll have to see what[Cassidy] has. I don't think that he has given anysigned statement." Sword himself departed as soon as the hearingended. His mother has told The Crimson that her sondid not cite any dollar figure. Then again, sheadded, "I wasn't there." Cassidy also wrote in her statement that thealleged actions of Lee and Sword were not one-timemistakes. Indeed, 65 of the counts against Lee representa check he allegedly wrote for himself from theEliot House fund. The other count covers money Leeallegedly stole "at some point between February 12and November 25, 1992," according to theindictment records. And Cassidy wrote that a review of Lee'spersonal bank records revealed that the moneydeposited into his bank account was withdrawn byJuly of 1993. Similar evidence was recovered against Sword,Cassidy wrote. Cassidy wrote that Lee used the money to payfor credit card bills and purchases at clothingstores such as Saks Fifth Avenue and The AndoverShop. "The evidence is quite strong," Cassidy toldthe court yesterday. Approached yesterday outside the courtroom, Leereferred all questions about the case to hisattorney. Interviewed in the corridor outside thecourtroom yesterday, Lawson provided no cluesyesterday about how Lee would defend himself. Asked what happened to the money, Lawson said,"I really don't want to comment on the substanceor nature of the case. It's just too early to dothat....I'm sure we'll have something to say aboutthat in the future." Lawson defended his client's character, though. "At issue in this case, of course, is theCommonwealth's allegation that he did certainthings in a certain position throughout a certainperiod of time," Lawson said. "But that small period of time, that smallwindow of time is not the whole of this youngman's life. He has worked very hard, he hasachieved in some noteworthy ways, he's a decentperson. "This is a life worth watching and a life worthsaving." But Lee may already have given some hints abouthow he will defend himself. In an exclusive interview with The Crimson lastsummer, Lee said he had decided during his term aschair not to make a donation to the Jimmy Fund. He said the money had to be used instead to payoff longstanding debts and other expenses, whichamounted to $50,000. He apologized at the time for not informing theco-chairs of the 1993 show, who had originallydiscovered that the money was missing
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