Dr. Joanne Baker, (left) who pleaded guilty to theft and fraud charges months ago, may evade going to state prison, even though a judge promised to send her there if she failed to turn in her state dental license.
Two weeks ago, Westchester County Judge Barbara Zambelli had given Baker 48 hours to relinquish her license or go to prison. Baker refused. But today, Zambelli said she would allow Baker to surrender her license only as a condition of probation. If she successfully completed her five-year probation sentence, she could reapply for a new dental license.
Assistant District Attorney Gwen Galef said she would have to check with the state to see if Baker would give up her right automatically to reapply for a dental license by surrendering it. Both sides will return to court on Dec. 7.
Baker had been sentenced Nov. 16 to five years’ “shock” probation with six months in jail. She will get credit for the 12 weeks she has been at the Valhalla lockup after her bail was revoked.
The 51-year-old Scarsdale resident pleaded guilty in May to third-degree grand larceny and insurance fraud. Prosecutors say she ran a two-year scam from her office at 1 Bryant Crescent in which she sent phony bills to Metropolitan Life Insurance Co. and created phony patient records from 2006 to 2009.
Baker had been called back into court Tuesday for a “declaration of delinquency” hearing because she had not relinquished her dental license as ordered. Her lawyer, Peter Tilem, asked the judge to send Baker to a mental health care facility, noting she was under psychiatric care earlierr this year.
“She’s not OK,” he said. “She has psychiatric issues that need to be addressed. Let her get some help.”
Zambelli refused to believe that Baker was incompetent, saying she filed at least one court document, a pro se motion, on her own behalf. The judge called Baker stubborn and “extremely difficult.”
Baker had stopped the paperwork to revoke her dental licence and changed lawyers several times, causing delays in the case. She was sent to jail in September after refusing to meet with the county Probation Department for a presentencing report, mandatory for all defendants upon conviction. She’d been free on $10,000 bail before that.
She has repaid MetLife $8,920 and paid an additional $50,000 in what is known as a “stipulation of settlement.”