Disbarred attorney Richard Johnson has been found not guilty of a second-degree felony charge of stealing client funds.
A 4th District Court jury deliberated only 15 minutes before acquitting Johnson on the theft count Tuesday.The Orem attorney had taken the stand in his own defense earlier to explain the problems that led to his suspension from the Utah State Bar in 1990 and disbarment earlier this spring.
"I had personal problems and lost control," he said. "I took on more than I could handle."
Johnson, 39, maintained he never intended to steal money from his client, Mary Lee Brown. His office was supposed to send $3,000 Brown gave him to another attorney. When he was made aware of the problem, almost four months after Brown gave him the money, he was in the process of turning his practice over to other attorneys, he said.
At that time, he called in four members of his staff and ordered them to solve the problem, but it was not corrected, he said. His secretary testified Monday that a clerical error was supposed to be corrected with a check, but it got buried in office paperwork and was never sent.
The $3,000, plus $200 in interest, was finally sent to the Salt Lake attorney to whom it was owed only when the theft charge was filed, 22 months after the money first changed hands.
Johnson said he was embarrassed and realized he should have solved the problem sooner.
In closing statements, prosecutor Sherry Ragan asked the jury to find Johnson guilty, saying he intended to keep the money and "hoped he could get away with it."