Home » News » Crime
January 07. 2013 11:05PM

Alan Colby of Plaistow listens to testimony during his theft trial in Rockingham County Superior Court on Monday. He is charged with six counts of theft by unauthorized taking. (JAMES KIMBLE PHOTO)
Linked articles:
Jury deliberating in Plaistow Fish & Game theft trial
Ex-treasurer on trial for cash withdrawals from Plaistow Fish & Game Club

Alan Colby of Plaistow listens to testimony during his theft trial in Rockingham County Superior Court on Monday. He is charged with six counts of theft by unauthorized taking. (JAMES KIMBLE PHOTO)
Jury deliberating in Plaistow Fish & Game theft trial
BRENTWOOD - A former treasurer of the Plaistow Fish & Game Club pilfered more than $200,000 to shore up his foundering construction company, prosecutors said Monday.
The trial of Alan Colby, 52, of Plaistow started Monday on six counts of theft by unauthorized taking. He allegedly stole the money over a three-year period, and had returned about $96,000 before his arrest.
Public defender Anthony Naro argued that the return of nearly half the funds demonstrated Colby only intended to borrow the money - but lost track of what he took.
"I would submit to you that that doesn't matter," Assistant County Attorney Stephanie Johnson said during opening arguments. "What matters is that he took money that didn't belong to him."
The money was taken through 60 electronic bank transfers made between July 2008 and December 2010, according to police. Colby, also then the treasurer of Senter Brothers Construction, had control of the bank accounts for the local game club and the construction business. He admitted to Plaistow police that transferring the funds was as easy as a couple of clicks of a computer mouse, according to court testimony.
Colby's transfers were discovered when club members voted for a biannual audit of the nonprofit group's books, according to John Poole, the club's former president. Poole, of Atkinson, testified that he began reviewing the club's bank records after Colby had failed to turn over all records needed for an audit.
"The matter was eventually turned over to police. Sgt. Pat Caggiano, now with the Atkinson police department, led the investigation. Colby admitted to transferring the funds, Caggiano testified.
"The story he told me was that Senter Brothers was broken into," Caggiano testified. "He was personally out a vast amount of money. He did this to keep Senter Brothers afloat."
"He asked when he was going to jail - and would he have time to get his affairs in order before he went to jail," Caggiano testified.
Naro, the public defender, argued to jurors that his client was known as an ardent supporter of the club since joining in 1992, appearing there two to three times a week for club functions or just to socialize. He suggested to jurors that Colby's actions were morally wrong, but don't meet the legal burden of theft.
"It's wrong, it's unethical, it's dishonest, but we are here to determine whether he had a purpose to deprive," Naro said.
Testimony is expected to resume this morning.
jkimble@newstote.com
The trial of Alan Colby, 52, of Plaistow started Monday on six counts of theft by unauthorized taking. He allegedly stole the money over a three-year period, and had returned about $96,000 before his arrest.
Public defender Anthony Naro argued that the return of nearly half the funds demonstrated Colby only intended to borrow the money - but lost track of what he took.
"I would submit to you that that doesn't matter," Assistant County Attorney Stephanie Johnson said during opening arguments. "What matters is that he took money that didn't belong to him."
The money was taken through 60 electronic bank transfers made between July 2008 and December 2010, according to police. Colby, also then the treasurer of Senter Brothers Construction, had control of the bank accounts for the local game club and the construction business. He admitted to Plaistow police that transferring the funds was as easy as a couple of clicks of a computer mouse, according to court testimony.
Colby's transfers were discovered when club members voted for a biannual audit of the nonprofit group's books, according to John Poole, the club's former president. Poole, of Atkinson, testified that he began reviewing the club's bank records after Colby had failed to turn over all records needed for an audit.
"The matter was eventually turned over to police. Sgt. Pat Caggiano, now with the Atkinson police department, led the investigation. Colby admitted to transferring the funds, Caggiano testified.
"The story he told me was that Senter Brothers was broken into," Caggiano testified. "He was personally out a vast amount of money. He did this to keep Senter Brothers afloat."
"He asked when he was going to jail - and would he have time to get his affairs in order before he went to jail," Caggiano testified.
Naro, the public defender, argued to jurors that his client was known as an ardent supporter of the club since joining in 1992, appearing there two to three times a week for club functions or just to socialize. He suggested to jurors that Colby's actions were morally wrong, but don't meet the legal burden of theft.
"It's wrong, it's unethical, it's dishonest, but we are here to determine whether he had a purpose to deprive," Naro said.
Testimony is expected to resume this morning.
jkimble@newstote.com
- Portsmouth police DWI roadblock stops 179 motorists yielding 4 arrests - 0
- Nashua man arrested on charges of sexually assaulting underage girl - 3
- Mass. men arrested on drugs, weapons charges - 0
- Mass. residents charged after Hollis man beaten and stabbed - 11
- Judge gives Salem engineer with underwater mortgage year in jail for growing pot - 1
- Teen party takes Derry rep by surprise - 26
- Not-guilty plea expected in death at Danville chief's home - 23
- Police say woman was assaulted for hours - 5
- Inmate will let judge decide fraud ID case - 0
Robber escapes with drugs from Keene CVS
READER COMMENTS: 0- UNH commencement speaker tells graduates: Don't worry about mistakes, learn from them - 1
- Ayotte tells NEC graduates to be passionate about their work - 0
- Antioch University awards 145 degrees - 0
- Message to Nashua Community College grads: find strength - 0
- 160 students graduate from White Mountains Community College - 0
- Portsmouth driver distracted by Facebook hits utility pole - 0
- Teen hurt in Amherst boating crash - 0
- NHIAA Tennis: Bedford is championship-focused - 0
- John Habib's City Sports: Tourney time nears for JVs, too - 0
Former FBI head tells St. Anselm graduates it is important to give back
READER COMMENTS: 1- Should applicants for jobless benefits have to pass a drug test?
- Yes
- 78%
- No
- 22%
- Total Votes: 1424



