Apr 6, 2018 5 min read

WAYNESBURG – Judy Victor, the former SCI-Greene food services employee convicted in January of smuggling contraband into the state prison in 2015, asked for leniency during her sentencing Thursday afternoon because she feared she would face retaliation in prison.

Victor and her attorney, Dave Russo, also requested the more lenient county intermediate punishment so she could care for her family.

“Ms. Victor is a good person. She has no criminal record,” Russo said.

But Greene County Judge Lou Dayich said in court Thursday that even if she were eligible for house arrest to serve her sentence, it was unlikely he would consider it.

He sentenced Victor to a total of two to four years in prison, with the possibility of parole after 18 months with good behavior. Non-violent offenders with good conduct during their incarceration can be eligible for early release through the “Recidivism Risk Reduction Incentive” program.

Victor, 53, of Franklin Township, was found guilty by a Greene County jury on all but two charges Jan. 25 after a three-day trial.

Victor was convicted of two counts each of conspiracy and criminal use of a communication facility, and one count each of contraband of a controlled substance and contraband of a telecommunication device to prisoners. She was acquitted on other charges of criminal use of a communication facility and contraband of a telecommunication device to prisoners.

Victor, who was allegedly involved romantically with an SCI-Greene inmate serving a life sentence for murder, was charged in October 2016 of smuggling cellphones and drugs into the prison for him to use and sell the year before.

Five of Victor’s family members and friends were in the courtroom for her sentencing hearing Thursday.

Victor, with her hair pulled back and a simple black and gray outfit, took the stand to testify on her own behalf. Russo reminded the court of the character witnesses who testified on Victor’s behalf at trial and submitted a dozen supportive letters from friends, family and co-workers.

Victor detailed the many reasons she believed she would be a good candidate for county intermediate punishment, including her detailed medical history, lack of a prior criminal record and familial obligations. She appeared at every court hearing and never was late.

“You pose no threat to the safety of the community?” Russo asked, with a simple “no” in response from his client.

Her biggest concern, though, was retaliation. Victor worked at SCI-Greene for eight years before she was terminated in November 2015. She said she feared retaliation in state incarceration from family members that she needed to punish while she worked for the state Department of Corrections.

“My biggest fear is that I’ll be retaliated against,” she said in court. “It’s not often (she needed to discipline an inmate), but over eight years, I can’t tell you.”

“The inmates will know you were a (worker) at SCI-Greene?” Russo asked her.

“Yes,” she said.

She also was concerned about access to proper health care. Victor also handles her sister’s medical care and was unsure who would care for her if she were incarcerated.

“My sister that I take care of, I don’t think she would take her medications so she would have a possibility of another stroke,” Victor said.

“She was supposed to be here today,” before she needed to go to the hospital Thursday morning, Victor added.

She became teary-eyed talking about her sister’s care and the possibility of retaliation in prison. But Assistant District Attorney Patrick Fitch reminded Victor that she was facing prison time because of her own conduct.

“Those crimes are a result of your actions for which the jury found you guilty,” he said.

Family concerns, Fitch added, were not the first thing she thought of when she committed those crimes.

“I would disagree,” Victor responded.

Fitch also reminded Victor that there are no female inmates at SCI-Greene and would have never engaged with any inmates she will be serving her time with. She could also request protective custody, and the DOC would be well-equipped to handle her medical needs, Fitch said.

The judge, in his sentencing order, addressed Victor’s medical needs and asked that DOC staff “consider appropriate placement to ensure the safety of the defendant.”

“Good luck to you,” Dayich said to Victor before ordering her to the Greene County jail to await transfer to state incarceration.

“She’s no more dangerous than she was a moment ago,” Dayich said to the deputies in the courtroom after Victor’s sentence. “Let her give her family a kiss.”

Fitch said he was pleased with the outcome and requested the two-year mandatory minimum prison sentence during the hearing.

“The sentence is certainly justified,” Fitch said.

Russo, on the other hand, brought up multiple issues with the discovery process during the sentencing hearing and made his intention to file an appeal clear. Russo said he fully believes Victor will be granted a new trial because of the evidentiary issues. Dayich responded he will consider any and all motions as they are filed.