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Sword Gets One Year Probation

Admits $7K Theft From Jimmy Fund

By Usman S. Nabi

David G. Sword '93 was sentenced yesterday to one year of probation after pleading guilty to stealing almost $7,000 earmarked for a children's cancer charity while working on an Eliot House benefit ice skating show.

Sword, who reversed a not guilty plea he entered last August, was also sentenced to perform 250 hours of community service and make restitution for $6,838, the money he stole between 1991 and 1993, the years of his tenure as the student group's treasurer.

Sword's plea bargain comes a week after classmate Charles K. Lee '93, who also reversed an earlier plea of not guilty, received a sentence of four to five years in jail for stealing $119,881 from the same fund. Lee, who was co-chair of the student group during the 1992-93 academic year, is expected to serve one year of his sentence.

An Evening with Champions is an ice skating exhibition organized by Eliot House to benefit the Jimmy Fund, which finances children's cancer research and treatment at the Dana-Farber Cancer Institute in Boston.

Representatives of Harvard University yesterday expressed relief that the Jimmy Fund cases were finally decided and satisfaction at the handling of the investigation and trials.

"It was an appropriate sentence," said Harvard University Attorney Allan A. Ryan Jr. "Overall, I believe the whole case has been handled very well."

"I know that there has been a full, fair investigation and trial," University spokesperson Joe Wrinn said.

Wrinn said his main concern at this point was that the Eliot House Jimmy Fund committee put this entire episode behind them and "get on with the good work that an Evening with Champions has done for the last 25 years."

Distinct Crimes

During yesterday's hearing, First Assistant District Attorney Martin F. Murphy said that Sword made unauthorized withdrawals from the Eliot House Jimmy Fund and used the pilfered funds under his authority mostly to pay phone bills and travel expenses.

Murphy pointed out that at no time did Sword and Lee act together. Murphy stressed that for a variety of reasons the Sword and Lee cases must be treated as distinct, unrelated crimes.

Murphy drew attention to Sword's cooperative attitude during the investigation of the missing funds. His cooperation, according to Murphy, shows that Sword immediately understood the seriousness of his crime.

In addition, Murphy said Sword's willingness to pay retribution at an early point made Sword deserving of leniency.

According to Murphy, Sword was a financial aidstudent and used the funds as an income supplementwhereas Lee went on an extravagant shopping spree.

Murphy also said that the General Counsel ofthe Jimmy Fund agreed that the two cases should betreated differently.

Throughout yesterday's hearing, Sword appearedgrave and tense.

Dressed in a dark grey suit, the former EliotHouse resident sat on the front bench of courtroom10B for about an hour before proceedings began. Hewas accompanied by his attorney, Robert D. Canty'57.

Sword's was the first hearing of the day. Hewas summoned to the stand and asked by a courtofficial if he wished to change his earlier pleaof not guilty.

"Yes I do," replied Sword, staring straightahead.

"What is your plea?"

"Guilty," he said.

After Sword admitted his guilt, Judge ReginaQuinlan of Middlesex Superior Court asked him aseries of questions to ascertain whether or notSword understood the implications of his plea, andwhether he had been coerced into changing hisplea.

After the judge finished questioning Sword,Murphy rose and listed the evidence against Sword.

Murphy's argument was mostly in defense of theHarvard graduate, and his recommendation was forSword to receive one year probation, 250 hours ofcommunity service, and to pay restitution for thefull amount to the Jimmy Fund.

Sword's attorney then rose to defend Sword.Canty's only request was for Sword to be allowedto serve his community service requirement withServe Canada, a social service organization thatSword had helped to found

According to Murphy, Sword was a financial aidstudent and used the funds as an income supplementwhereas Lee went on an extravagant shopping spree.

Murphy also said that the General Counsel ofthe Jimmy Fund agreed that the two cases should betreated differently.

Throughout yesterday's hearing, Sword appearedgrave and tense.

Dressed in a dark grey suit, the former EliotHouse resident sat on the front bench of courtroom10B for about an hour before proceedings began. Hewas accompanied by his attorney, Robert D. Canty'57.

Sword's was the first hearing of the day. Hewas summoned to the stand and asked by a courtofficial if he wished to change his earlier pleaof not guilty.

"Yes I do," replied Sword, staring straightahead.

"What is your plea?"

"Guilty," he said.

After Sword admitted his guilt, Judge ReginaQuinlan of Middlesex Superior Court asked him aseries of questions to ascertain whether or notSword understood the implications of his plea, andwhether he had been coerced into changing hisplea.

After the judge finished questioning Sword,Murphy rose and listed the evidence against Sword.

Murphy's argument was mostly in defense of theHarvard graduate, and his recommendation was forSword to receive one year probation, 250 hours ofcommunity service, and to pay restitution for thefull amount to the Jimmy Fund.

Sword's attorney then rose to defend Sword.Canty's only request was for Sword to be allowedto serve his community service requirement withServe Canada, a social service organization thatSword had helped to found

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