Published: September 16, 2009 11:13 pm      

TOWN OF TONAWANDA: Ostanski pleads guilty to theft

Former Kenmore East Principal LuAnn Ostanski pleaded guilty Wednesday to misdemeanor attempted larceny in town court, stemming from a March theft at the school.

She received only a $500 fine on the condition that she stay out of trouble with the law and continue with mental health counseling.

Ostanski’s attorney, Kevin Spitler, had argued for months over whether Ostanski’s confession to the theft of $160 from the school’s student activity funds would be admissible. The defense even had town court officials provide a TV and DVD player to show the video taped confession before Judge Mark Gruber in an attempt to suppress that evidence from a future trial.

But moments before the judge was to hear that defense motion, Spitler and Assistant District Attorney Michael Drmacich met with the judge briefly, finalizing the terms of Ostanski’s guilty plea. Spitler returned to the courtroom, spoke quickly with Ostanski, then removed the defense’s copy of the confession from the DVD player.

When Gruber entered, Drmacich made his case for offering the reduced charge of attempted larceny. Ostanski was facing charges of petit larceny for the theft and criminal possession of stolen property for having an unauthorized key to the school’s safe.

“The defendant has no criminal history,” he said. “Second, the defendant has freely admitted. She confessed fully.”

Ostanski entered her guilty plea and answered Gruber’s questions in a voice barely above a whisper. During his client’s sentencing, Spitler said that many facts weighed in her favor. Letters from friends and coworkers testified to Ostanski’s long and respectable career in the Ken-Ton school district and others, and Spitler argued that losing her position was punishment enough.

“She has suffered greatly,” Spitler said. “She lost a very good paying job. She is going to lose her certification as a school administrator, I understand in talking with representatives from the school district.”

He added that local newspapers had subjected Ostanski to public ridicule by putting her picture on the front page simply because they “had nothing better to do.”

“I find that very offensive,” Spitler said.

While Drmacich acknowledged Ostanski’s track record and lack of a criminal background, he argued that Ostanski had abused her position for personal gain.

“This is kind of a unique situation here,” Drmacich said. “She was in a position of public trust, being a school principal, and she did violate that trust.”

After the judge imposed a $500 fine, Spitler asked if the judge would consider waiving the fine and the surcharge since Ostanski has already made $1,000 in restitution to the district for the March theft and others. Ostanski initially reported the final theft to police before being confronted with photographs in which she put on rubber gloves and took the money from a lock box. A camera had been placed there by a member of the school’s staff without the knowledge of police or district officials.

Gruber said he would examine how much of the fine he was able to waive legally, giving Ostanski until Oct. 29 to pay.

Both Spitler and Ostanski declined to comment while leaving the courtroom.