Ely Given Delay in Jail Term : Sentence: The convicted embezzler is granted a second postponement because of his cancer treatment.

Convicted embezzler James T. (Tom) Ely, stricken with face cancer, was granted a second delay of his one-year jail sentence Friday to continue medical treatment.

Ely will not go to jail until the court receives a full report on his health at a hearing March 6, Ventura County Superior Court Judge Lawrence Storch ruled Friday.

Storch agreed to stay the sentence after Ely’s attorney, James M. Farley, argued that the former Ventura County Community College District trustee--who appeared with his face bloated and one cheek bandaged--needs more time for cancer therapy.

“This is not an ax murderer that sits before the court,” Farley said. “This is a public official that violated the public trust. What are we going to accomplish by locking him up in jail at this point? We can’t interfere with his treatment. This is not a game.”

Ely, 55, and his wife, Ingrid, were convicted in June of stealing $15,000 in district funds by padding expense accounts between April, 1988, and January, 1990. Tom Ely was convicted on 29 counts of fraud, embezzlement and conspiracy. Ingrid Ely was found guilty on one count each of grand theft, conspiracy and embezzlement.

In addition to the jail time, Tom Ely was sentenced to pay $14,415 in restitution and to serve six years’ probation. Ingrid Ely was placed on five years’ probation, ordered to pay about $2,500 restitution and sentenced to serve 500 hours of community service.

On Friday, Storch also agreed to stay Ingrid Ely’s sentence so she could help her husband.

“This is a very serious and life-threatening situation,” Willard P. Wiksell, Ingrid Ely’s attorney, told Storch. “(Tom Ely) requires assistance by his wife, Ingrid.”

Farley presented a faxed letter from Ely’s doctor at UCLA Medical Center that said experts will not know for another six weeks how the cancer in Ely’s cheek, nose and jaw responded to extensive radiation. The attorney said Ely still might need surgery.

Deputy Dist. Atty. Ronald C. Janes, who appeared in court in the place of prosecutor Carol J. Nelson, expressed frustration over Storch’s decision.

He said he believed Ely’s condition was not as serious as portrayed. He said he has seen no medical documentation showing that Ely could not start his sentence immediately.

“The defense would delay this case forever on the possibility that (Tom Ely) would need surgery,” Janes told the judge. “The time for Mr. Ely to pay that debt is now.”

But Farley snapped back: “To say he is ready to go to jail is extremely callous. This man is ill.”

Storch told Farley that when the Elys return to court March 6, he wants detailed information about the former trustee’s medical condition and a written statement from the doctor on whether Ely is ready to serve his sentence.

After the hearing, Ely walked slowly from the courtroom arm-in-arm with his wife. Both declined to comment on Storch’s decision.

Janes paused a moment to talk with reporters.

“It was my hope he would be remanded,” Janes said. “At the next hearing we will again request that he begin serving his debt to society.”