SUZANNE M. POMEY and RANDY J. GOMES await sentencing yesterday in Middlesex Superior Court. The two will not serve time in prison but their convictions will be entered on their permanent records.

Randy J. Gomes and Suzanne M. Pomey will not go to jail for embezzling almost $100,000 from the Hasty Pudding Theatricals (HPT).

Instead, Judge Peter W. Agnes Jr. sentenced Gomes to five years probation and Pomey to two, ignoring the district attorney’s request that the two serve jail time.

“No purpose would be served by a sentence of incarceration,” Agnes said yesterday at the sentencing hearing at Middlesex Superior Court.

Middlesex County Assistant District Attorney Edward R. Bedrosian Jr. had argued that Gomes should serve three months in jail and Pomey 30 days. The charge, felony larceny over $250, carries a maximum penalty of five years in prison.

“We’re disappointed with the sentence,” said Seth I. Horowitz, a spokesperson for the district attorney’s office.

But the judge did agree with Bedrosian that the guilty pleas of Pomey and Gomes, former members of the Class of 2002, should be accepted and entered onto their permanent records.

Lawyers for Pomey and Gomes had asked to follow a procedure outlined in a 1971 Mass. Supreme Judicial Court decision, Commonwealth v. Brandano, which would effectively prevent a conviction from appearing on their criminal records.

Under the Brandano procedure, the judge would reject the plea of guilty, offer pre-trial probation, continue the case for a period of two years and ultimately dismiss the case without a final finding.

But Agnes ruled he had the authority to follow such a procedure but chose not to exercise it.

The Defense

Court papers released yesterday revealed new details about the defense strategy of Gomes and Pomey.

Gomes’ lawyer argued that drug addiction led to his criminal behavior.

“I know that drug addiction is not an excuse for my actions but I believe that drugs clouded my judgement and ask the Court to take this into consideration,” Gomes wrote in a Sept. 13 affidavit.

Gomes wrote he is still addicted to methamphetamine, a category of drugs that includes speed and crystal meth. Since Sept. 27, 2001 he has been in treatment at the Mount Auburn Hospital Prevention and Treatment Center, according to a letter from the hospital attached to his affidavit.

Pomey’s lawyers argued that Gomes was the impetus for the crime.