Local News

Cemetery theft trial begins

ST. CLAIRSVILLE -- The trial of Karen Neff, one of the caretakers of the Belmont Memorial Park Cemetery began Tuesday before Belmont County Common Pleas Judge John Vavra.

Neff, 48, of Powhatan Point, and her husband and co-defendant Keith Dwayne Baratie Sr., are accused of one count of forgery, one count of aggravated theft and one count of securing writing by deception, felonies of the third degree. Baratie's trial is set for Feb. 7.

It is alleged that they stole

almost $300,000.

Belmont County Chief Assistant Prosecutor gave the state's opening argument, taking about 18 minutes, saying the evidence would demonstrate Neff participated in crimes.

"We assume that the cemetery will be run in a financially prudent and responsible manner," he said, adding that this was not the case.

Flanagan gave a brief background, saying Neff and Baratie were association with the Belmont County Memorial Park Association for many years. He added that the cemetery was deeded in the 1940s and run by an association, but members of the association would leave or pass away.

He said at some point close to 2006 the board essentially dissolved for lack of membership.

He said Baratie had worked as caretaker for decades, while Neff was associated with the cemetery but had no formal position.

"That left Karen Neff and her husband, Keith Baratie, to run the cemetery. They use the funds of the cemetery, the funds of Belmont County Memorial Park, as if it were their own, and it was not. Their greed in this case will show through," Flanagan said, adding that the state would produce financial records and checks with Neff's name on them.

He said this would be a document-intensive case, where the state will show the financial footprints of transactions.

"We will show to you somewhere in the vicinity of 2,000 or 3,000 transactions, line by line," he said, adding that only some of the funds paid for items and needs of the cemetery, other funds went to purchases for Baratie's and Neff's use.

Flanagan said a key point in the case occurred Oct. 17, 2013 and the months prior.

"On that day, things changed at the cemetery," he said. "Prior to that, there were negotiations with an oil and gas company (to purchase oil and gas rights on the cemetery ground)…The thievery that occurred prior to Oct. 17, 2013 just got a heck of a lot bigger on that day…Now, they are presented with a check for the oil and gas rights, not of their property…but of the cemetery property. Money that they have no right to."

He said Baratie and Neff were given a check for $282,000.

"Let the spending spree begin, because that's exactly what they did in this case," Flanagan said.

He added that in the agreement with the oil and gas company, she and her husband provided documents identifying Baratie as president of the association operating the cemetery, and Neff as secretary.

"They pretended to be the president and the secretary of the Belmont County Memorial Park Association, and they're not," he said. "Without that faking of their position, they would have never have gotten the $282,000…Perhaps there were no officers left in the corporation or the association, that may be, but it was not Karen Neff and Keith Baratie."

Neff's attorney, John Jurco, concluded his opening arguments in a little longer than 4 minutes, saying the state's evidentiary burden includes proving all elements of the crimes, including Neff's intentions.

"'Stolen,' 'thievery,' words of that nature, go to more or less the Mens Rea, the mental elements, the necessary, culpable state concerning these alleged crimes. The defense would agree with the state that you're going to see a lot of bank records. A lot of documents pertaining to money. In this case money that was spent by my client…There are a lot of transactions," he said.

"I think, at the end of the day, the transactions themselves are telling, but perhaps for a different purpose than what the state might argue," he said, adding that the evidence will show that Baratie had served as caretaker of the cemetery for decades, while Neff had a lesser role. "I think those points will be important for your consideration, especially when considering bank transactions."

Jurco added that the jury will consider many matters as the evidence unfolds.

"While you will see a large number of bank documents, a large number of records, a large number of financial transactions, that is only part of the equation. There needs to be the requisite mental intent, the Mens Rea."

Testimony began with the first witness, Andrew Keck, senior land advisor with Paloma Resources LLC, who spoke concerning Paloma Partners III LLC, the division which conducted the alleged 2013 agreement to secure the lease. Keck appeared via video.

According to the court, the trial is expected to last about three days.

The 44-acre cemetery is at 52950 High Ridge Road, St. Clairsville, near the intersection of Interstate 70.