Published: September 05, 2008 08:32 pm            

COURTS: DelRio has yet to pay

A former Niagara Falls pastor who pleaded guilty to ripping off his flock says he can’t pay them back with money from his pension fund.

Niagara County Assistant District Attorney Brian Seaman told acting County Court Judge William Watson on Friday that lawyers for the Rev. Peter DelRio claim a pension fund containing an estimated $40,000 cannot “legally” be used to reimburse representatives of the former St. Paul’s Cathedral United Methodist Church on Seventh Street. Seaman said DelRio had pledged that money when he was sentenced by former County Court Judge Peter Broderick to probation after pleading guilty to one count of fourth-degree grand larceny and one count of first-degree falsifying business records.

He had faced a possible prison term of 1 1/3 to 4 years.

The plea was part of a deal with prosecutors and included an agreement to pay restitution of $44,381. DelRio had originally faced six counts of third-degree grand larceny and two counts of first-degree falsifying a business record after he was indicted in August 2007 by a Niagara County grand jury.

“Your honor, we would like more that just a verbal representation from counsel that the money is not available,” Seaman told Watson.

The assistant DA said prosecutors want written proof that the pension money is not accessible.

“There’s no way to get it out,” defense attorney Joseph Morath said. “If (DelRio) could get this money and get this over with, he would have done it six months ago.”

Seaman told Watson that if DelRio can provide “verifiable information” on the unavailability of the pension funds, then prosecutors want him to “get a job and set up a payment schedule.”

Watson told DelRio’s lawyer to provide prosecutors with the information they were requesting and to make further arrangements for restitution.

Outside the courtroom, Morath declined to comment on what arrangements will be made.

In taking his plea, DelRio admitted that he took funds from his church “without going through proper channels.”

“Did you remove money from the church accounts, without authority to do that?” Broderick asked at the time.

“Yes,” DelRio said.

The minister was accused of using a church debit card, credit card and checking account to access parish funds. Prosecutors said DelRio used the money “for a variety of personal uses.”

Seaman said DelRio purchased an engagement ring for his wife and paid off a car loan.

The pastor was originally believed to have taken $27,000 from church accounts, but a review of parish records pegged the loss at more than $44,000.

St. Paul’s parish has closed and the building is now used by another congregation.

        

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