Timothy D. Witham <address> <phone> November 5, 2003 The Honorable Judge Joseph A. Orr Sacramento County Superior Court Department 60 Dear Judge Orr, Thank you for allowing me the opportunity to share the impact this crime is having on my life. The defendants have destroyed my life unless they right their wrong with full restitution. In 1999 I was an innocent, giving, successful software engineer. All that was missing from my life was a wife and kids. Linda appeared to be everything I needed, even though she was nothing like the wife I dreamed of. Linda manipulated and controlled me through three and a half years. She had me convinced that I was helping her fight a life or death battle with cancer. In 2001 I had to take a second job to make the payments on Linda's medical bills. Working up to 80 hours per week to pay for my finance's cancer surgeries and treatments was unbearably stressful. But it has become even worse since the arrests. Now I live with the reality that my so-called fiance was already married. That after our countless intimate personal talks, she went home to celebrate the day's cancer income with her real husband! My life is now a surreal nightmare. I continue to work from 8am to well past midnight, sometimes for days in a row. After paying the bills I have $100 per month left for food. If Linda fails to pay restitution, my debts will be paid off in the year 2033. My total loss will be $730,500. I will be 64 years old. But I am already becoming physically exhausted from all this work. And the mental anguish of dealing with this crime is taking a toll. The defendants now refuse to face me at trial because they know they are 100% guilty on all counts. At the same time, they have no remorse for what they have done. They have given me nothing to mitigate their sentence. Public records show they are career thieves. But how many have they got away with? Why should we tolerate their lies? Please don't let their apparent lack of education fool you like it did me. These people are great actors and geniuses in the art of performing confidence crimes. Linda made well over $100,000 a year as a sweetheart swindler. Her net income is more than I have ever grossed as a law-abiding software engineer. Linda received over $393,000 in this theft by deception. My actual costs to date exceed $470,000 and go up by more than $1,100 per month as I continue to pay interest. Therefore, I request $470,355 restitution plus continuing interest on the unpaid balance. While a civil judgment for full restitution would be very much appreciated, please understand that I am beyond destitute. I have no means to pay for any enforcement of a judgment. And even if I did, statements made by law enforcement indicate that Belinda and Richard have no assets with which to pay. Therefore, the defendants should also be required to spend the maximum possible time in prison. Finally, they should be ordered to get real jobs on probation. I also wish this to be a lesson to their criminal friends and family, but especially to their children. That you will be caught in your lies. You will do time. You will pay. My dream of a wife and kids has been shattered. I can not possibly raise a family on three dollars per day and no free time. My life can be made whole only when the Mitchell family pay the restitution. I want to thank the District Attorney and the Court for taking this crime seriously. Thank you for listening. Sincerely, Timothy D. Witham Footnote  I feel Belinda and Richard turned all my cash over to third parties to hide it from the court so that it could not be used for victim restitution. I base this on the fact that the Mitchells received such a large amount of cash from me, yet claim they have no money. They do not appear to have lived extravagantly, yet they have nothing in the way of purchases to show for the monies. I suspect some of the monies are being used to renovate the property where the defendants lived. This property is owned by Richard's brother Robert Mitchell. Therefore, I also ask that the assets of the defendant's unemployed associates be protected for restitution as-in Penal Code Section 186.11(e)(1) if at all possible. ======================================================================back to top
Victim Impact Statement - Verbal Version November 19, 2003 Thank you your honor, for this opportunity to share with this court my thoughts and experiences on this most heinous crime. Today is a critical day in my life; the sentencing of Belinda and Richard Mitchell. But I don't know these two individuals that stand before you today. The woman who I loved, to whom I was engaged, and to whom I sacrificed all that I had -- told me her name was Linda. She lovingly called me her Puppy and so I called her Kitty. And her only brother said his name was Rick. But Kitty conveniently died when I ran out of cash. You see, I was trapped under Belinda's planned spell of deception, believing that my Kitty was dieing of cancer and I was her only hope. Linda had complete control over our 3 year relationship. She chose when and where we would meet and how much money she would take. I submitted to the police my detailed record of the nearly 400 times Linda took from me. In the end when I finally woke up, I gave her one final choice: prove what you say is true, or face the authorities. Linda's decision that day ultimately resulted in her meeting you here today. As stated in my written report, the defendants have devastated my current and future life. They stole beyond my life savings, driving me deeply into debt. I now work 2 jobs up to 80 hours per week to make the $2,500 per month payments on their criminal purchases. I am left with only $100 per month for food. At this rate, the loans will be paid in the year 2033 when I am 64 years old. Working double shifts to make three dollars per day is a very painful way to live. I request that Mr. and Mrs. Mitchell be ordered to give back my life. I request full restitution in the amount of my loss of $470,355 plus accrued interest on any unpaid balance. Contrary to Linda's act of being a homeless widow with no family or friends, this case has revealed the opposite is true. Her brother Rick turns out to be her husband and many other family members and associates repeatedly attended the preliminary hearings to support her. Though they claim to be unemployed, this large Mitchell clan miraculously evidences access to money. They have no problem retaining 3 prominent defense attorneys for 5 months. Their house was full of brand new appliances and is undergoing extensive and costly major renovations. They could have easily posted bail except that they could not evidence legitimate earned income to meet the PC1275 requirement. Linda is no poor widow. Mrs. Mitchell lived well on the $55,000 that she extracted from me to purchase cars, gas and clothes. She transferred the remaining $300,000 in cash over to her criminal enterprise to hide it from me and now from the court. That said, I request the defendants be ordered to make a significant down payment on the restitution amount immediately. When the Mitchells pay the full $470,000, my life will be restored. But if they fail to pay, in consideration for the 30 years Richard and Belinda have stolen from my life, I ask they be ordered to remain incarcerated for the maximum term permissable by law. I have reason to believe the defendants are a flight risk and will run away when released as they have definite connections outside of Sacramento. Therefore they should be released only when they satisfy this obligation in full or make regular payments as a condition of extended probation. Your honor, the defendants have the means to right their wrong of stealing my life. All I request is my life back. It is time for Belinda to pay her bills, as she always promised her Puppy. I want to thank the District Attorney and the court for your attention to this matter. Thank you. ======================================================================back to top
Belinda Mitchell was sentenced to 4 years in State Prison. She was transferred to the California Institute for Women (sounds like a prestigious college, huh?!) in Corona California. They estimate she will be out less than 2 years from sentencing, free to commit many more crimes against you and I.
The additional money laundering gang members were never prosecuted.
The Mitchell gang has paid a grand total of $0.00 in restitution after being convicted guilty of grand theft of the $393,000 they took.
I continue to survive on $3/day for food.
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