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Judge dismisses Beadore charges

'CIRCUMSTANTIAL': Prosecution failed to provide sufficient incriminatory evidence
By STEVE VIRKLER
TIMES STAFF WRITER
THURSDAY, OCTOBER 29, 2009
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LOWVILLE — A judge on Wednesday dismissed the jury trial of a Glenfield woman accused of stealing lottery tickets and winnings.

Lewis County Judge Charles C. Merrell ruled that the prosecution had failed to present sufficient incriminatory evidence to continue the third-degree grand larceny trial of Martha J. Beadore, 45, of 6007 Widmeyer St., Glenfield, according to defense attorney Gary W. Miles.

"This was a wholly circumstantial case," said Mr. Miles, who made the motion for dismissal after the prosecution had finished presenting its case.

The defense attorney said some of the testimony presented Wednesday morning "led to the inference that she was not guilty."

Ms. Beadore had been accused of stealing $12,250 worth of state lottery tickets and winnings between April 1 and Aug. 31, 2007, while employed at Woods Hill Market in Glenfield.

"We're happy for my client and her family," Mr. Miles said.

Ms. Beadore insisted that she was innocent and, therefore, refused to accept a plea deal, he said.

"We were disappointed with the trial-ordered dismissal," said Assistant District Attorney Caleb Petzoldt, who prosecuted the case.

Mr. Petzoldt admitted the evidence against Ms. Beadore was somewhat circumstantial.

"But we felt there was enough evidence to go to jury," he said.

The prosecutor said Mr. Miles and Michael F. Young, who assisted with the defense, did a "good job of raising inferences" during their cross-examination of witnesses, including a state lottery official.

Mr. Miles, in turn, commended Mr. Petzoldt.

"He's got great judgment for a young attorney," he said.

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