Ms. Betheil, 62, of Mount Sinai, voluntarily turned herself over to the Suffolk County District Attorney's office in July and was charged with first-degree scheming to defraud, a felony, and official misconduct, a misdemeanor, for allegedly defrauding couples out of thousands of dollars by overcharging them for wedding ceremonies she performed. She pleaded not guilty at her arraignment in Central Islip.
Her attorney, James O'Rourke of Hauppauge, said Wednesday he was advised by the DA's office that there is an indictment and that the arraignment has been scheduled for this coming Tuesday.
"We understand that they want us out in Riverhead next week, but we don't know what the charges are," Mr. O'Rourke said.
According to online court records, a grand jury handed down an indictment last week with the top charge of second-degree possession of a forged instrument, a felony. Other felony charges, according to online records, include first-degree offering to file a false instrument, second-degree official misconduct and four counts of scheming to defraud. Ms. Betheil also faces four counts of official misconduct, a misdemeanor classified by performing a public service at the time of the infraction, according to the records.
"If that is what they are charging [Ms. Betheil] with, it would appear that this is the mouse that roared," Mr. O'Rourke said.
Mr. O'Rourke called the case against Ms. Betheil an "overcharge," adding that he believes the district attorney's office is wasting valuable time prosecuting her.
Ms. Betheil, who will be paid a town salary of $92,300 this year, allegedly made between $15,000 to $40,000 on the wedding ceremonies, according to various reports. She has since repaid roughly $12,000 in fees, according to Mr. O'Rourke.
Investigators from the DA's office executed a search warrant and seized a computer hard drive and other records from Ms. Betheil's Mount Sinai home days before she turned herself in. Following her arraignment, assistant district attorney Mark Murray of the Governmental Corruption Unit told The North Shore Sun that Ms. Betheil had been overcharging newlyweds since taking office in 2006 by exceeding the amount allowed under state guidelines.
A Town Board resolution appointing Ms. Betheil as a town marriage officer in 2006 limits the amount she can receive for wedding services performed after business hours to $75. She does not receive payment for services conducted during normal business hours at Town Hall. However, Ms. Betheil allegedly charged the $75 fee plus an additional $125 to cover her travel expenses. But Mr. O'Rourke refuted the charges and questioned whether the DA's office was using selective enforcement by not doing the same with other marriage officers in the county.
"What is more disturbing is that numerous other individuals, including judges, have received payments for these services in excess of that provided by statute and no one has ever been prosecuted in the history of Suffolk County for this act," Mr. O'Rourke said. "Why?"
Ms. Betheil announced in late April that she would not seek re-election in November. Sources told the Sun Ms. Betheil's decision to not seek another term came days after she disclosed to a Democratic screening committee that she had charged more than the allowable amount for ceremonies she performed as a town marriage officer.
Ms. Betheil has remained in her position at Town Hall. Her term expires Jan. 1, 2010.
peggy@northshoresun.com