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Max sentence for plot to steal from elderly woman

The fourth person involved in a plot to steal money from an elderly Lower Salem woman was given the maximum sentence Wednesday in Washington County Common Pleas Court.

Brian D. Brown, 52, a former Lower Salem resident currently in the Washington County Jail, pleaded guilty on March 14 to theft from an elderly person, a second-degree felony. Brown received the maximum sentence requested by Washington County Prosecutor Kevin Rings.

Washington County Common Pleas Court Judge Mark Kerenyi ordered Brown to serve 36 months in prison. He received 127 days credit for time served and must pay restitution to the victim in the amount of $147,489 plus the value of a 2007 Nissan Murano, which was purchased with the victim’s money.

Brown and co-defendants Anita J. Pauley, 26, Barbara A. Giulliano, 54, and Nicole Kurtz, 32, were indicted in January for a money laundering scheme in which the group failed to pay their landlord, Marilyn Mills, then 84, rent for a home in Lower Salem between January and December of 2017. The group was charged with furthering that deceit by also claiming that Kurtz had cancer and they needed help to pay for her co-pays and treatments.

According to the Washington County Prosecutor’s Office, instead of paying for health care expenses the money was used for gambling at casinos.

Rings read a victim impact statement from the victim’s daughter.

“There was a substantial amount of money involved but the harm to Ms. Mills was not really financial — it was emotional. It was devastating to her,” Rings said. “Her daughter writes that her mother’s health immediately declined. She had two trips to the ER and spent a month in rehabilitation to get her eating and walking again. Her health is still in turmoil and the embarrassment and shame she feels has taken a toll on her and our entire family. All that she holds true to her core — the belief in the goodness of people — has been stripped from her because of these heartless people.”

In exchange for his plea, charges of money laundering, a third-degree felony; engaging in a pattern of corrupt activity, a first-degree felony; and complicity to commit theft from an elderly person, a first-degree felony, were dropped by the prosecution.

Kurtz pleaded guilty to second-degree felony theft from an elderly person on March 29 and was sentenced May 10 to 30 months at the Marysville Women’s Correctional Facility. She was also ordered to pay restitution to the victim.

Both Pauley and Giulliano pleaded guilty to the same charge on March 29 and were sentenced earlier this month to 18 months each at Marysville.

Brown’s attorney Claire Ball stated that Brown had no prior criminal offenses and the victim was competent and warned about giving the defendant money.

“We do not blame her in any way. But Brian is 52 years old, never had a criminal case, not an alcoholic, not a drug addict, completely disabled and probably will never be able to work again. It’s unlikely these circumstances will occur again,” Ball said.

Brown apologized to the victim and her family.

“I’m sorry I hadn’t halted all this before it started. I didn’t realize what was happening when I was already involved in it. She’s a very nice woman and we were close friends, I thought. I’m sorry it happened,” he said.

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