Friday, August 29, 1997
Man Who Lied About Finances During Divorce
Case Gets Probation
By BETH HALLMARK / Abilene Reporter-News
A judge ordered five years probation Thursday for an Abilene
businessman who lied about his finances during 1995 divorce proceedings.
Michael Lee Hutcheson, 50, was convicted of aggravated perjury
in June for denying in sworn divorce depositions that he had bank
accounts at Abilene's Bank One. Evidence later showed he had two
accounts at Bank One at the time and had run about $250,000 through
them.
The depositions were taken in 1995 by Hutcheson's ex-wife's
attorney during divorce disputes over property division.
Aggravated perjury, a third-degree felony, is punishable by
probation or from two to 10 years in prison and up to a $10,000
fine.
At Thursday's sentencing hearing before state District Judge
Billy John Edwards, Hutcheson's divorce attorney took the witness
stand to support his former client. Kelly Gill said Hutcheson's
actions did not harm his ex-wife. But prosecutor Sandy Self said
that while Carol Ann Hutcheson was waiting for her divorce from
the defendant, she almost lost her house and her car because he
failed to make payments. Federal liens were put on the home because
Hutcheson had not filed federal tax returns in seven years, Self
said.
Gill, however, said Hutcheson was not a criminal who should
go to prison.
"I see Mike as a businessman with a family," Gill
said.
Self questioned the defendant's devotion to his family and
his reputation as a businessman. She said he had been cited for
past-due child support and his business dealings had generated
numerous lawsuits against him over the years.
Hutcheson remarried in November 1996, about six months after
his divorce from Carol Ann Hutcheson was final.
His current wife took the stand, asking with her voice breaking
that her husband be allowed to remain out of prison for the sake
of his three children and stepson. The couple also recently bought
a gas station, she said, and the five employees there would lose
their jobs if Hutcheson were incarcerated.
Although Hutcheson's wife said she and her husband had been
struggling financially, she admitted they bought a $7,000 boat
in July. However, she said the boat was purchased for the gas
station as a business expense for entertainment reasons.
As a condition of probation, Hutcheson was ordered to disclose
to his probation officer the names and addresses of any future
investors in his business dealings. He was also ordered to attend
a financial management class and to pay a $5,000 fine.
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Abilene Reporter-News / Texnews / E.W. Scripps Publications
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