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Former prosecutor accused in overtime scheme acquitted

A former city prosecutor charged in an alleged scheme to help two city police officers fraudulently receive overtime pay was acquitted of all charges Thursday.

Retired Judge Dennis M. Sweeney found Molly Webb, 33, a felony prosecutor who left the city state's attorney's office, not guilty of all charges Thursday morning. Webb was accused of helping the officers, including one whom was her boyfriend, receive overtime pay for appearing in court, even though the officers were not present.

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"We're obviously very pleased that Ms. Webb's position all along that she did nothing inappropriate was vindicated," David B. Irwin, her attorney, said.

During the bench trial, the defense called several witnesses who said there was no formal policy or training for prosecutors who sign overtime slips for officers who are called to appear in court.

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Webb's former supervisor at the office, Nicole Lomartire, who now works for the Department of Homeland Security, described how she routinely kept officers involved in her cases "on-call," meaning they must remain close to the courthouse but may not ever step foot in the courtroom if the case is postponed, or otherwise delayed. Officers were entitled to overtime pay if they're on-call because they must alter their schedules, she said.

Lomartire also said it was not uncommon for other prosecutors to sign overtime paperwork for other prosecutors who might still be in court for other cases. She described how she would often contact her colleagues when signing overtime paperwork for officers involved with other prosecutors' cases.

Another former assistant state's attorney, Staci Pipkin, who now works for a private law firm, said she would also routinely sign overtime paperwork for officers for other prosecutors cases.

Only once, Pipkin said, did the state's attorney's office send an internal email to curb the practice, but she said it quickly resumed. She said tracking down an assistant state's attorney in the city's circuit court was nearly impossible, given the number of cases that prosecutor might have at one time.

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Former U.S. District Court Judge Benson E. Legg also testified as a character witness for Webb. Webb worked for him as a clerk while she was in law school.

"I have a very high opinion of Ms. Webb's honesty," he said.

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Webb was charged with theft scheme less than $1,000, three counts of theft less than $1,000, three counts of conspiracy to commit theft under $1,000, and three counts of misconduct in office.

Officer Timothy Stach, 47, pleaded guilty in February to theft between $1,000 to $10,000 and received probation before judgment. A Baltimore police spokesman said Thursday Stach is no longer employed by the department.

A second officer identified in the case was not charged because there was a lack of evidence, according to the Baltimore County state's attorney office, which was trying the case. The office declined to comment on the case.

The county office was trying the case after receiving a referral by city prosecutors because of a conflict of interest.

A spokeswoman for the city state's attorney's office declined to comment Thursday. The office had previously declined to comment on Webb's departure, calling it a personnel matter.

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