The former executive director of The COLOURS Organization Inc. will spend time in federal prison for having stolen tens of thousands of dollars from the agency.
Judge Anita Brody on Tuesday sentenced Dorena Kearney, who served as the head of the organization from 2001-07, to one year in federal prison followed by three years of supervised released.
Kearney, 52, was also ordered to repay the city the $138,768 she stole from COLOURS.
Kearney was indicted in April of last year following a joint investigation by the City Inspector General’s Office and the FBI, after COLOURS officials discovered the misappropriation of funds.
The theft occurred between 2004-07, during which time Kearney opened four credit-card accounts in both her name and the name of COLOURS and used the agency’s funds to pay for such personal expenses as plastic surgery, clothing, dog grooming and a cruise.
“The money she took was not used to sustain herself, but for her selfish interests,” Assistant U.S. Attorney Richard Barrett, who prosecuted the case, said during the hearing. “Because of that, COLOURS had $138,000 less that it was able to use for programs that were worthwhile, meaningful and benefited society as a whole.”
Chief Inspector Amy Kurland spoke during the hearing on behalf of the city to communicate the impact Kearney’s theft had on the city’s LGBT and HIV/AIDS communities.
“Kearney’s crime is especially egregious because she stole public money that citizens and elected officials of Philadelphia had dedicated to some of its most disenfranchised and those hardest hit by the AIDS epidemic,” Kurland said. “Kearney’s crime erodes the faith of citizens in the city’s ability to function and causes people to question the honesty, integrity and efficiency of how the city is run. This damage cannot be measured.”
Prior to her sentencing, Kearney appealed to the judge for leniency, saying she continues to remain an active member of the LGBT community.
“I’d like to apologize publicly to the court, the community and this great city that I took advantage of,” she said. “I disappointed a lot of people. My mission at COLOURS was to serve the people, especially the African-American gay and lesbian youth, which was my goal, all the way until today. They still call me at home for help, and I think I’m a better person for that. I won’t change my cell phone, I still have the same number, because I want them to be able to call me. I ask you to read between the lines and look into my heart and not at what’s on that paper when you sentence me.”
Before Brody handed down the sentence, Kearney’s attorney, Joseph Capone, reviewed a litany of medical conditions he said Kearney was struggling with and asked the judge to spare Kearney jail time because of these conditions.
Capone said Kearney recently had a cancer scare and had also been diagnosed with cerebrovascular disease, which inhibits her blood flow; hypertension; chronic leukopenia, a lowering of the white blood cells; seizures; and blood-clotting. Capone said Kearney has also been implanted with a mechanism for bladder control and a spinal-cord stimulator to alleviate pain from herniated lumbar and cervical disks.
A letter from the Bureau of Prisons, obtained by Barrett, attested that the prison system would be able to manage Kearney’s medical conditions. Eight of the regular medications Kearney takes are available within the prison system’s formulary, and Barrett said the others could be obtained for her.
Kearney’s brother, George Darby, testified before the court about his sister’s medical problems.
“I’ve been back and forth to the hospital and the doctors with her, and it’s very difficult to handle. I call her the bionic woman because she has so many instruments implanted in her. She’s in excruciating pain,” he said.
Darby also told the judge that Kearney was remorseful for her actions.
“She understands what she did, and as her brother and her pastor, I’m asking for mercy and forgiveness for her,” he said. “She’s always had a good heart. I don’t know how it got off track.”
Kearney’s partner of 13 years, Angela Cephas, also provided an emotional plea on Kearney’s behalf, noting that their family, including Kearney’s 13-year-old son, has spent the past year struggling with her indictment and her medical issues.
“I love Dorena very much. She’s very aware of what she’s done, but she’s suffering right now. No one but her family knows what she’s gone through. Putting her in a facility is going to be a death sentence for her,” Cephas said. “Dorena’s a good woman and there were a lot of harsh things said about her today. She’s done a lot for the community and she’s a good woman with a good heart who just fell short.”
While Brody acknowledged that Kearney suffered from “serious medical conditions,” she said she believed her crime warranted prison time.
Brody’s sentence was outside the scope of the sentencing guidelines, which for Kearney’s crime amounted to 18-24 months. Brody said she will contact the Bureau of Prisons to recommend Kearney be admitted to a prison with a medical facility that will be able to handle her ailments.
Kearney will self-report to the designated facility April 9.
The board of directors of COLOURS released a joint statement after the sentencing, noting that the agency has been working over the past year to retain the trust and faith of the local community and is looking forward to moving into its next phase of development.
“Through these difficult times, we continued to believe that the communities we serve as well as our mission were critically important to building and preserving the unique voices of LGBT people of color. Given all that we have faced and will face in the future, today does bring us some resolve. However, the work ahead of us continues to be our priority, and we hope that our partners and participants will continue to work with us as we turn this chapter for a new chapter. We look forward to working with those who believe our mission is still important.”
Jen Colletta can be reached at [email protected].