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DONALD PHILLIP ATKINSON, right, sits with Public Defender Robert Banning during a hearing in Superior Court on Monday. Democrat photo by Pat Dollins
Donald Philip Atkinson, the retired El Dorado County Sheriff’s sergeant and ex-president of El Dorado County Sheriff’s Deputy Association who was charged with 44 counts embezzlement, fraud, forgery, perjury, grand theft and theft from an elder or dependent adult, pleaded no contest to three charges and accompanying special allegations Monday morning.
Atkinson, 50, appeared in court with public defender Robert Banning with what was originally supposed to be a bail hearing while the terms of the plea were read off by Senior Assistant Attorney General Ronald D. Smetana, who is jointly representing the prosecution with the El Dorado County District Attorney’s Office.
Atkinson, having entered a not guilty plea in March, agreed to change his plea to no contest on three of the 44 counts, while all the other counts would be dropped upon sentencing. The charges he agreed to were felony embezzlement by a public or private officer exceeding $950, with a special allegation of excessive loss of more than $200,000; felony theft from an elder or dependent adult, Lise Lotte Holzer; and perjury pertaining to statements regarding money of the DSA with a special allegation of it being an aggravated white-collar crime.
The plea deal will result in Atkinson serving five years in state prison and paying restitution of $338,348.14 to the DSA as well as $100,000 to Holzer. Assets in excess of $55,000 plus interest from Atkinson’s Bank of America account will also be paid to the DSA. While in prison and on parole, $1,000 will be taken from Atkinson’s retirement each month to the DSA and Holzer.
A judgment and sentencing hearing was then scheduled for July 30 at 8 a.m.
Contact Cole Mayer at 530-344-5068 or cmayer@mtdemocrat.net. Follow @CMayerMtDemo.
The Mountain Democrat does not necessarily condone the comments here, nor does it review every post. Read our full policy
Ernie LouisJune 19, 2012 - 11:49 am
Shocked and disapointed at the actions of the President of the El Dorado County Deputy Sheriff's Association. the 44 crimial charges and theft from an elder, Lise Lotte Holzer turns my stomach The Sheriff's Association has a lot of explaining to do. Ernie
Law DogJune 19, 2012 - 1:30 pm
This was the actions of one not the DSA
1036-FrankJune 19, 2012 - 3:31 pm
Probably the best deal the state was willing to give and he grabbed it as fast as offered. Sadly he was in a position where he knew better then to cross that line. The important thing is the big fish, the Gob's, the corrupt baffoons that retired with 15-20k a month, got away with far worse of a theft of public funds which is on-going and law breaking while working and were allowed to walk without the firings that were demanded and called for. Where was the state then? Forget the Grand Jury and local DA and others, they never acted when the time came and now the time has passed and yet these scoundrels got away laughing all the way to the bank. Those are the real embezzlers of public trust and money as much as Don ever was.
TontoJune 20, 2012 - 9:17 am
The GOB's were allowed to leave without even an investigation as promised by the new GOB Sheriff and the behind the scenes past GOB Sheriff was given a job in return. The GOB's were taken care of as promised but not as we were told, they have all but all retired and were listed in the MD as those who receive over $100,000.00 + yearly for their great service. The real cost to this county is how many employees have left because of them,the ex-DSA pres took his deal and will do his time showing us that if the investigation was conducted we would have seen many more but it didn't happen as promised. Just follow the money and endorsements and it will be clear why not, that's why nothing was or will be done and there will be no accountability. The justice system does work but before there's justice there must be an investigation not the "look the other way" tactic that we all witnessed. When all is said and done we will see that the GOB's have just been replaced by the tag team of more GOB's and it started on "Day One" as promised and gets worse everyday.
Doc HolidayJune 20, 2012 - 1:00 pm
I'm still without words for a guy I worked with and respected. I was shocked to hear Don did this. What a horses ass. He betrayed us and is now paying a price. He is now ranked among the other GOB pukes who stole in different ways and contunue to with their GOB promotions to inflate their retirements. As I see EDSO now, it's the same circus, just different clowns. P A T H E T I C!!!
Jim BridgersJune 20, 2012 - 8:44 pm
That's one hell of a payment plan. Looks like he will be paying on this into his 90s.
Could BeJune 21, 2012 - 6:39 am
He may pay for a while but this is just what he got caught for, how much more wasn't found out and maybe he has more funds than what we know about. The GOB's always have a plan if one gets caught and the others fear they will,just wait and see if more investigations are done. Well he didn't have the system to protect him as the one Captain did when his wife got caught and wasn't even booked,it was called a "Civil Issue" but no money was ever paid back. But that DA, two Sheriffs,Captain and others are no longer there, or are they?
Jim BridgersJune 21, 2012 - 8:33 am
He had been going to Aruba so perhaps there is a nice stash there...if they didn't freeze those accounts. Too bad the other GOBs walked with hefty retirements after staged promotions. They continue to rip the public off. They deserve at least what Don is getting.
WatchfulJune 21, 2012 - 8:35 am
At least he plead, now we have to be watchful and see if more investigations will be done and those who are committing crimes are caught. What ever happened to the false college and the sex scandal and the false promotions and pay. Did they just look the other way or were they just paid off, we really need to demand an investigation or maybe Don can talk now that he is gone and could offer some assistance.
Law DogJune 21, 2012 - 8:42 am
I think you are right maybe the DA could use some inside help and find that one who could turn on the rest and bring out the truth. There were so many high ups that left fast when all this came out and they were paid off with retirements, maybe they would have left a trail and there is that someone who knows. It's sad that the new guy just looked the other way and ALLOWED them to leave, taking all the money and secretes with them. Where there's smoke there's fire and could be there's evidence to be had.
Doc HolidayJune 21, 2012 - 8:55 am
Law Dog: We can only hope for that. I would LOVE to see them fall. They deserve to.
Law DogJune 21, 2012 - 9:01 am
AMEN to that, there is so much that has been and is being swept under the already lumpy carpet, it's time for a new floor and furnishings.
1036-FrankJune 21, 2012 - 9:37 am
Instead of the retirement parties held by the newly elected Sheriff for the quickly quietly departing Gob's after the 2010 election, there should of been someone waiting with orange jumpsuits from the state Attorney General's Office with a large prison bus waiting. Then some de-feathered birds would of sung some tunes as the prison cell doors swung open then shut. Instead they are laughing at their luck, and their paid internet diploma "smarts" and amazed at their ever increasing bank accounts.
in the knowJune 21, 2012 - 6:57 pm
Well "Watchful--the story goes on--Don deserves what he gets. The women's "federal lawsuit" is on going and depositions are now being taken. Look for a trial next year. Even though some of the guys are retired, they will have to answer for their previous actions. In the meantime the GOBS are alive and well in the department and causing as many problems for the last "women standing" as possible. The harassment and intimidation continues, even to the point of violating the HIPA regulations. In the beginning the new administration should have put a STOP to all the (for want of a better word) "crap" going on, but didn't lift a finger and have pulled themselves right into the situation. CAN anyone get a hint? I worked for the election of the sheriff and am at this point extremely disappointed.
WonderingJune 22, 2012 - 6:48 am
Why is it such a hard thing to get rid of the GOB mentality an its players, look at the damage that they have done and the money they have taken away. The people that they have victimized have complained but it's fallen on def ears, the countless dollars spent to bring them to trial, yet to no avail. We keep hearing that nothing has changed for the better and that now a new set of GOB's have taken over. It seems to me that this activity is a way of life or at least has been for way too long. Small steps have been made to cut the cancer out but it's got a foot hold and needs major surgery. What if the case proves beyond a doubt that those responsible are guilty will the county seek to have all the money returned and those employees who were forced to leave brought back. Questions that need answers but the main thing to wonder about is WHY, was all of this allowed to grow so bad, surely there are honest people who work here and won't take this anymore. I do know that the more that come forward should be able to take out the bad and I do understand that those at the top stop any movement of such but then they need to be removed from power. I really hope for all of us that the investigations that are being conducted result in convictions and that we can clean up this mess soon, we have a great county and our people should not have to work like this. Just stop it now and get rid of those who are responsible and replace the good.
A friendJuly 04, 2012 - 8:01 pm
Sometimes one take a plea because you are in a lose situation, and if you don't the outcome could be worse. I will believe what I want regarding his guilt or innocence regardless of the plea. My question is: did this all happen to him because the woman he is involved with has a suit against the department?
Phillip AndersonJuly 27, 2012 - 4:36 am
Well, what do ya know? A little bit of justice, but by far not enough. There are other victims out there!!! And guess what? There is also a lot more evidence still being uncovered. I think people forget, Remember when the Mayor was arrested? Yah? Unfortunately this is a hell of a lot bigger than anyone even knows yet, as yet is the key word here. What about all the other officers he manipulated into committing crimes just to try to protect him? Once they realize what they are protecting, I think they are going to feel a little betrayed as well. This mess has been bleeding for a very long time and just way too many people suffered and will fora very long time. But I have some goo news, at least my attorney will announce soon as I hope my new book will also explain already long written and in the other hands of many writers. What about the terrorist death threats that were made to innocent very disabled people that are still coming forward as this unfolds. Wait till you see the poisoned trees here and the one that fell on my house while I was studying for the college he interfered with and caused certain others not even from the same area to now also be considered criminals???? No, when I got a phone call and then another and another that were all recorded which I and other good people made sure of, come out, it's just the tip of the iceburg. Well Donald, who left town first and who ended up a prison baby as I said? Guess what? There are and were ways to record legally and it's only started. I feel so bad for the other victims and his own friends and family I pray for. But there is something everyone must understand, which is unless this is truely and honestly tried and properly investigated, then every one of you and I all are and will always be at risk for such outrageous and hidious criminals, your families will never be safe until the trueth and the real truth comes out. I remember when the US Marshal's office convoyed in over 40 cars to take back the town and put away some of the worst of then. I have family that suffer and don't even know why yet, and I can promise everyone, and you especially Donald, as of right now there are those working very hard to make sure you won't get away with the other crimes you committed in other counties as they don't appreciate corrupt officials coming into their area to make them look bad and as a victim myself as I pray others will hear the truth, you won't get away with what you did and I will even forgive completely those two others who were sitting in the hoist utility truck they sped off with you still in the back of the boom bucket when you poisoned all the trees and then tortured and stalked and not to mention the horror you caused besides actual physical damages you dolled out to the disabled, but as I told you when you called as everyone will hear with their own ears the phone calls you made. Then hopefully they will know where their compassion should lay, and it sure isn't with the dogs who had the fleas all along. By the way everyone, I'm the very first known citizen to be sworn in as the President of the United states by public and federal officials, that was even published in the news papers. I'm sure my time is over anyway after the attacks and physical problems you caused, not to mention the college that suffers now, well, my first executive order in public is that you be actually really caught an sentenced for the rest of the crimes that will be known soon and already are by a lot of people who were completely innocent and would have stayed that way otherwise. My mandate is that Donald Atkinson and anyone else protecting the other crimes he is still going to face, that they will know what real justice is and for once, compassion will be shown to the victim and not the very criminals who betray so many for so long!!!! Looks like i won that little bet, I haven't left town and you're right were I said you would be one day! YOU LOOSE!!! THAT"S WHAT LOOSERS DO! THEY LOOSE< LOOSER!!! And it's only begun..... I have however said my prayers for his family and the other victims, maybe it's time he just simply sit down and tell the real and entire truth so maybe the victims still out there just may be a bit more forgiving!!! Ever think about that Donald??? Keep thinking it because then you just may find a thing called Salvation which will be a positive experience like you've never felt before and is completely opposite of the horror an terror you caused others and only you in your heart can know the truth, so why not stand up for once and be a man about it!!! Seriously.....any officials protecting this guy are in my opinion doing our country an all the good citizens a big disservice. The truth is like a fishing bobber, sometimes it gets stuck on the bottom but sooner or later it's bound to pop up again, somewhere and some place where you least expect.
Lynn WestonAugust 15, 2012 - 3:17 pm
Its always so refreshing, this one in jail, one or two others gone for good, some more hiding, maybe in you ladies panty drawers...You boys still doin that? Still racing down in EDH industrial park? Still gettin a little in your squad car every now and again? There IS JUSTICE! To the few good and dedicated EDSO officers I know, hats off comrades, to the rest of ya, well, you just wait for that slow refreshing justice....