
*News
Release* Date: July 27, 2009
Middlesex
County Prosecutor’s Office
Middlesex
County Prosecutor Bruce J. Kaplan today announced the indictment of a
J.
B. Schmidt, (DOB 11/21/39) of Park Avenue in South Plainfield, was indicted by
a Middlesex County grand jury on Friday, July 24, 2009, on three counts
involving the theft of cash from the estate between October 2006, and December
2007.
In a
case presented by Middlesex County Assistant Prosecutor Brian D. Gillet, the
grand jury charged Schmidt with misapplication of entrusted property, theft,
and theft by failure to make the required disposition of property received.
In
addition, the grand jury, sitting in
The
grand jury handed up the third-degree charges after Investigator Brian
Gilmurray, of the Middlesex County Prosecutor’s Office, determined that
approximately $35,000 was taken from the Estate of Mary Gaydosh, 86, of
Schmidt,
who was a cousin of Ms. Gaydosh, was named executrix of the estate following
the
In
the subsequent months, an unidentified relative, who was named beneficiary of
the estate, repeatedly inquired about proceeds from the estate, but never
received a response from Schmidt.
In
December 2007, the unidentified relative obtained a court order dismissing
Schmidt as the executrix. The relative contacted an attorney, who notified
police after it was determined Schmidt was taking funds from the estate to pay
for personal items.
Schmidt
wrote more than 20 checks from the estate, payable to ‘’cash,’’ and used estate
funds to make improvements to her home, and to place a $1,000 down payment on
her own gravesite.
She
also took funds to pay $3,100 to an attorney who represented her in an
unrelated municipal court matter in
In
addition, the grand jury charged that following the death of Ms. Gaydosh,
Schmidt continued to accept pension checks totaling $1,800 and deposited them
in the estate.
As
is the case with all criminal defendants, the charges against Schmidt are
merely accusations and she is presumed innocent until proven guilty.