Former theater group treasurer in court again Friday

Kimble Goodman, who began paying restitution to Benicia Old Town Theatre Group on April 17, was unable Friday to come up with the balance he owes to the nonprofit organization from which he’s accused of embezzling, public defender Jeannette Garcia told Solano Superior Court Judge Tim Kam.

Kam gave Goodman 60 days to come up with the remaining money, and agreed to start proceedings leading to a trial. Goodman’s next appearance will be at a readiness conference at 8:30 a.m. Aug. 21.

BOTTG President Dan Clark said after Friday’s appearance that the matter “should have been resolved by now.”

Goodman, formerly BOTTG’s treasurer, paid $6,000 of the money he owes the venerable community theater company during his previous appearance before the Solano County Superior Court, and was expected to pay $4,973.50 more to the court Friday.

Deputy District Attorney Leo Mangoba told Kam on June 30 that $10,973.50 is all that has been documented of the funds Goodman is accused of taking from the theater group.

Clark and members of the theater board have contended Goodman may have taken at least twice that amount, but said since Goodman kept the financial records, the board has been unable to produce receipts that would convince the court they are owed more.

Goodman left the courtroom immediately after his appearance and did not comment.

He has been charged with one count of embezzlement after the theater board was declined the rights to a play and subsequently discovered March 15, 2013, that its bank accounts were either empty or overdrawn.

The firm that issues those rights told board members their checks had bounced, and that they owed money for previous productions. The board contended that the company should have had at least $20,000 in its accounts, if not several thousand more.

Benicia police started an investigation that made detectives suspect Goodman, who had been the company’s treasurer since about 2010. They secured a warrant, and Goodman was arrested April 16, 2013.

The situation surprised many in Benicia and Solano County, because Goodman has been active in multiple community activities.

The former career banker had been chairperson of the Benicia Economic Development Board, and he is an award-winning member of the Solano County Democrats and an instrumental organizer of Criterium bicycle races in Benicia.

Goodman’s case has moved slowly, in part because Goodman has had several changes of attorney and because of difficulties in documenting the theater company’s losses.

During one of the series of hearings when yet another continuance was requested, Kam told attorneys for both sides, “We need to get this case moving.”

Garcia, speaking for her client, said Friday that Goodman “does not have the balance today.”

When she asked Kam to extend the payment time another 60 days, Mangoba questioned whether Goodman would be able to have the money by then.

Calling it a “good possibility,” Garcia said, “I explained that the court has been patient, and the people have been patient as well.”

She said she had reminded Goodman that “it is in his best interest” to pay the restitution in full.

Clark had his own concerns about the restitution, because the theater board is continuing to seek out possible documentation of additional losses, such as whether money from online or PayPal ticket purchases had been diverted so they never arrived in BOTTG accounts.

Should Goodman pay the $10,973.50 and the board attend a restitution hearing, Clark said, “Then his lawyers will say restitution is paid.”

And if Goodman goes to trial, he said, “All bets are off.”

“He wants us to fight for every dollar,” BOTTG spokesperson Dyanne Vojvoda said.

Clark said that’s exactly what the theater company will do. “Absolutely,” he said.