Convictions Against Ingrid Ely Overturned

A California appeals court has overturned embezzlement, theft and conspiracy convictions against Ingrid Ely, the wife of former Ventura Community College District trustee James T. (Tom) Ely.

But the court upheld all convictions against Ely himself.

Tom Ely, 56, and Ingrid Ely, 48, were convicted in June, 1991, of padding their expense accounts and charging bogus travel expenses to bilk the district out of more than $15,000.

A jury found Tom Ely guilty of 29 counts of fraud, embezzlement and conspiracy, and his wife guilty of one count each of conspiracy, grand theft and embezzlement.

But in an opinion issued Monday, the state 2nd District Court of Appeal ruled that prosecutors failed to prove that Ingrid Ely intended to help her husband defraud the district.

The appeals court ordered Ingrid Ely’s case to be returned to Ventura County Superior Court for dismissal. She had been sentenced to perform 500 hours of community service.

“I’m sitting here smiling,” said Ingrid Ely when reached by telephone at her home in Simi Valley shortly after learning that her conviction was overturned.

She said of the trial, “It was totally unfair and very hurtful and a very petty, vindictive thing to have happen to us. . . . We certainly had no intent to do anything wrong. We’re not that kind of people. We were only trying to do what we could for the college and the community, and we suffered greatly because of it.”

In the court’s opinion, Justice Reuben A. Ortega wrote: “While we think it likely Mrs. Ely had some knowledge of her husband’s conduct, we reluctantly conclude the evidence was inadequate to support the jury’s conclusion that she knew her husband submitted claims and was paid for her expenses, for which she already had been paid by the (Moorpark College) alumni association.”

However, Ortega wrote that the court disagreed with Tom Ely’s contention “that he openly and in good faith, although perhaps mistakenly, thought he was entitled to all the money he received from the district.”

“Mr. Ely received payment for expenses paid by others, never incurred, or already paid,” Ortega wrote. “His ludicrous claim that he was entitled to such looting of public funds requires no further discussion.”

Ely, recovering from surgery to remove cancerous growths from his face, was not able to comment, said his wife. His attorney could not be reached for comment.

County and state prosecutors said they are unsure how they will proceed.

“It was surprising to me that it was reversed, as to Ingrid,” said Deputy Atty. Gen. Sanjay T. Kumar. “I thought there was plenty of evidence to find that Ingrid knew what was going on when (Tom) Ely was defrauding the district.”

Ventura County prosecutors will study the opinion to decide whether to ask Kumar to request a rehearing by the appeals court or to appeal the ruling on Ingrid Ely to the state Supreme Court, said Chief Deputy Dist. Atty. Kevin J. McGee.

Meanwhile, Tom Ely is scheduled to have his one-year jail sentence--suspended because of his cancer surgery--reviewed by Superior Court Judge Lawrence Storch on Jan. 8, said Deputy Dist. Atty. Carol Nelson, who prosecuted the couple.

“Certainly, his skin cancer has nothing to do with his embezzlement,” Nelson said. “The jail is perfectly willing to allow him out on any schedule for treatment.”