Elaine Bernard speaks out

Genesis trial defendant takes the risk of going public to get out her side of the case.

Published online on Wednesday, Jun. 18, 2008

In her first public comments since being charged with embezzlement, Genesis CEO Elaine Bernard acknowledged that she mishandled the child-welfare agency's money -- but she denied breaking the law.

"Yes, mistakes were made," Bernard said in interviews this week. "My mistakes, however, don't define who I am and don't define the good work at Genesis."

Bernard also said she faces a $300,000 legal bill -- and has recurring nightmares of prosecutor Regina Leary chasing her.

Bernard and her sister, Carol Dela Torre, the nonprofit's clinical director, face a 16-count indictment that charges them with theft, tax evasion and filing false state income tax returns. They are accused of spending Genesis money on vacations and shopping sprees.

The trial in Fresno County Superior Court began in January and often became emotional as prosecutors and defense lawyers clashed. Twelve jurors have been deliberating since April 27.

Bernard denies that she and her sister intended to steal from the agency.

"I don't believe I'm guilty," Bernard said. "With God's grace, I will accept whatever the verdict is."

She also said her sister isn't to blame: "I take full responsibility. I pray my leadership doesn't derail Carol and her career at Genesis."

Bernard, 47, and Dela Torre, 46, are Fresno State graduates and longtime civic leaders. They could go to prison if convicted and would lose their licenses as social workers.

"It's a surreal experience to spend your life doing good things for kids and then finding yourself defending your integrity," Bernard said.

Bernard's decision to speak publicly before a verdict is announced is risky, experts say, because although the judge orders jurors not to read or watch news accounts of the trial, some may do so anyway.

"It's a free country," Michael Idiart, a former Fresno County assistant district attorney, said of Bernard's decision. But, he said, "I'm not so sure it's a wise thing to do."

Laurie Levenson, a Loyola University law school professor in Southern California and former federal prosecutor, said speaking out "could backfire on her, because jurors could get offended if they find out."

Even so, Bernard's tactic isn't unusual, Levenson said. In many high-profile cases, defendants tell their story through the news media because they believe they are fighting two battles -- one in court and "one in the court of public opinion," Levenson said

For example, actor Robert Blake, who was charged with killing his wife, told his story to television interviewer Barbara Walters but didn't testify in his trial.

"He got his story out, and it was used in court," Levenson said.

In March 2005, a jury acquitted Blake.

Dela Torre testified in the Genesis trial. But Bernard said her attorney, Roger Nuttall, advised her not to testify, because he said prosecutors had not proved their case.

Nevertheless, Bernard acknowledged that she could have handled things differently.

Bernard said she should have informed Genesis board members of personal purchases she and her sister made on agency credit cards. She said she also should have hired someone qualified to review financial transactions. At the time of the purchases, the individual in charge of the agency's financial records had no accounting training, Bernard said.

In addition, she said it was a mistake to categorize personal purchases as business expenses.

But Bernard said that doesn't mean she broke the law.

"I have nothing to fear," Bernard said. "We have have acknowledged from the beginning that we made personal purchases. There was never an attempt to hide that. The evidence clearly points that out."