Licensing Did Not Prevent This....?

[James H. Bushart]

Former home inspector won't be prosecuted for alleged ring theft in Mandeville

Posted by rrhoden June 12, 2007 4:20PM

By Bruce Hamilton

St. Tammany bureau

A home inspector accused of stealing a $12,000 ring from a Mandeville house will not be tried for theft because the St. Tammany Parish district attorney's office had already agreed not to prosecute him when it pressed charges.

Sterling Cardon, 53, originally was booked with felony theft in August 2003 after a Mandeville woman said he stole her diamond and sapphire ring. The district attorney placed Cardon in a diversion program for first-time offenders.
But after Cardon pleaded no contest in September 2004 to another theft charge in a different jurisdiction, prosecutors reinstated the case. His attorney appealed, and the Louisiana Supreme Court ordered that his motion to toss out the charge be granted.

"It certainly was the right result," said Cardon's attorney, Robert C. Stern, adding that his client never violated the terms of his diversion agreement. "A contract is a contract is a contract."

The ring's owner, Heather Conklin, said she noticed it was missing just minutes after Cardon left her home, which he had been inspecting. The ring was in a closed, leather box that held other jewelry and rested against a mirror, she said.

Cardon said the ring accidentally fell into his work bag after he received an upsetting phone call and threw the bag against the wall, knocking over a dish. He allegedly returned the upended jewelry to the dish and didn't realize the ring was in his bag until police contacted him.

Conklin's listed phone number is disconnected, and she could not be reached for this article. She previously called Cardon's story "laughable" and protested his participation in the diversion program as a "slap on the wrist."

After Cardon signed the contract to enter the diversion program, he pleaded no contest in Jefferson Parish to a reduced charge of misdemeanor theft for stealing a Rolex watch worth several thousands of dollars during a home inspection in February 2002.

For that charge, he received a six-month suspended sentence, was put on six months of probation and was ordered to pay for cleaning and repairing the watch. His former business partner, Carrie Booker, told police he gave it to her as a birthday gift.

St. Tammany prosecutors said that plea violated the terms of his agreement, which includes a provision against committing any other criminal acts, and they revived the case against him.

The 1st Circuit Court of Appeal denied Stern's appeal, but the high court granted it unanimously earlier this year. "The defendant did not violate the law anew or participate in new criminal conduct after he signed the agreement not to prosecute," its ruling said.

"The language of the agreement, with regard to its prohibition of committing a 'new' offense is, at least, ambiguous as to a guilty plea entered after the signing of the agreement to criminal behavior which occurred prior to the signing of the agreement."

The district attorney dropped the charge May 22. Spokesman Rick Wood said Cardon has fulfilled the requirements of the diversion program, including performing 36 hours of community service, paying a supervisory fee and returning the ring.

Meanwhile, the former Chalmette resident pleaded no contest in March 2005 to a misdemeanor charge of attempting to receive a stolen $5,000 boat trailer in St. Bernard Parish.

He was given a suspended sentence of one year in jail as part of a plea agreement, and he also was ordered to make restitution of $5,000 to Booker, his former business partner. The state board of home inspectors revoked his license.

(Bruce Hamilton can be reached at bhamilton@timespicayune.com or (985) 898-4827.)


Licensing solves nothing.

[Joseph Burkeson, CMI]

But... Didn't he pass the NHIE, how could this happen?

[David A. Andersen]

Licensing solves nothing.

It surely won't save us from you!

Oooops, Red Square!

[Zoe Fackler]

We did an Insurance Inspection in a Senior Citizens Town where the bi-coastal two homeowner fixed income client placed $100.00 bills on top of each dresser in all 3 bedrooms. The electrician brought it to my attention and I took photos.

I told the wife about it and mentioned that if their Agent saw this when she came by with the papers, she may be considered a Risk.
The wife was still screaming at her husband as we left.

[bkelly1]

He didn't pass pass nachi's ethics test.

[Joseph Burkeson, CMI]

Originally Posted by zfackler

We did an Insurance Inspection in a Senior Citizens Town where the bi-coastal two homeowner fixed income client placed $100.00 bills on top of each dresser in all 3 bedrooms. The electrician brought it to my attention and I took photos.

I told the wife about it and mentioned that if their Agent saw this when she came by with the papers, she may be considered a Risk.
The wife was still screaming at her husband as we left.

Hey, that is the way its done in New York, actually that is the way its done in New Jersey, in New York there would have been a case of beer sandwiched between the cash & the top of the dresser.

[lcapaul]

What does HOME INSECTION have to do with theft? You're strectching James, you must be as bored as I am.

[James H. Bushart]

Originally Posted by lcapaul

What does HOME INSECTION have to do with theft? You're strectching James, you must be as bored as I am.

No, sir. The Missouri Association of Realtors, along with used house salesmen in other states, are beginning to argue the need for background checks and fingerprinting of home inspectors....ignoring the fact that (according to the Missouri State Police) there are more real estate agents with criminal records than any other licensed profession.

[David A. Andersen]

So, are you now FOR licencing?!!

With stricter criteria?

[James H. Bushart]

Originally Posted by dandersen

So, are you now FOR licencing?!!

With stricter criteria?

Right....

[lcapaul]

Originally Posted by jbushart

No, sir. The Missouri Association of Realtors, along with used house salesmen in other states, are beginning to argue the need for background checks and fingerprinting of home inspectors....ignoring the fact that (according to the Missouri State Police) there are more real estate agents with criminal records than any other licensed profession.

You can provide that statement from the Missouri State Police I suppose.

[James H. Bushart]

Originally Posted by lcapaul

You can provide that statement from the Missouri State Police I suppose.

Yes, I can.

[klott]

So diamonds are not forever!

[lcapaul]

Originally Posted by jbushart

Yes, I can.

You should post the link here so that some people won't think you're fabricating statements.

[Ted Allen]

A thief is a thief regardless and should be punished as such.