Greenberg to pay restitution

ATTORNEY ERIK SCHLUETER goes over restitution fees with his client Morris Greenberg and Judge James R. Wagoner in El Dorado County Superior Court on Monday. Greenberg was sentenced 50-years-to-life for the 2008 murder of Anthony Dumont. Democrat photo by Krysten Kellum

Morris Anthony Greenberg, the man found guilty of murdering Anthony Dumont in 2008, appeared in court Monday afternoon for his restitution hearing.

Greenberg’s attorney, Erik Schlueter, was concerned about crossover from two reports over whether Dumont’s headstone had duplicate entries — one for the headstone, one for the funeral. After quibbling with deputy district attorney Vicki Ashworth over the matter, El Dorado County Superior Court Judge James R. Wagoner noted that when he buried his father two years ago, the headstone was a separate cost, and decided that no duplications had occurred.

Wagoner then ordered that Greenberg would have to pay restitution totaling more than $14,000 to Laura Dumont, Anthony’s mother; Gary Dumont Sr., Anthony’s father; Gary Dumont Jr., Anthony’s brother; and Renee Romanko, Anthony’s sister. He was also ordered to pay about $13,700 to the California Restitution Board, which includes the burial and mental health evaluation. The family is to be paid first by statute, then the boards and finally fines and fees associated with the court.

Schlueter then argued that $7,000 in cash seized from Greenberg’s residence should be returned to him, as it was taken illegally and not listed on any warrant. Ashworth said the money had “no bearing, and was not used in the case.” Wagoner said he would leave it up to the Court of Appeals as to whether the money would be given back, but he was “not staying the collection” of the money.

“Even if it was illegally seized and given back, I would have given the order for it to be immediately seized for paying restitution,” Wagoner said. This would skip the middle step, he said, and that should Greenberg be released from prison, he could go to civil court to get the money back. He said Greenberg’s “rights are not impinged.”

Wagoner then noted that about $16,000 in taxpayer money had been spent on Greenberg for use of experts and investigations. After briefly discussing attorney’s fees with Schlueter, attention was called to Greenberg’s disability retirement fund, and whether it was shielding from being used as restitution.

Schlueter argued it was exempt from all attachment, and that it was his client’s contention that the funds were completely shielded. Wagoner countered saying that it was not shielded from his restitution order, only the fees and costs of the court.

The judge said it was an “unusual situation” in that Greenberg had the “ability to pay” the restitution, but after being shown documents by Schlueter, came to a decision.

“Ah, yes,” Wagoner said. “No, Mr. Greenberg, I have seen these (types of documents) before, and they do not shield you.”

Schlueter than argued that it would at least affect the priority of paying, but Wagoner said it would not.

Wagoner then reaffirmed the 50-years-to-life sentence, noted that Schlueter would be filing the appeal motion later in the day and remanded Greenberg to the California Department of Corrections and Rehabilitation to start his incarceration.

Contact Cole Mayer at 530-344-5068 or cmayer@mtdemocrat.net. Follow @CMayerMtDemo. 

Cole Mayer

Cole Mayer started writing for the Mountain Democrat in early 2012. He has written news, features and opinions in the past, and currently works the crime, court and fire beat.

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