By Cherrie Anne E. Villahermosa
Variety News Staff

SUPERIOR Court Associate Judge David A. Wiseman has dismissed the case against a man charged for pocketing loose change from his co-workers’ daily lunch money amounting to $1,120.
It was the government that filed the motion to dismiss without prejudice the theft charge against Valerio Fortunato.
To dismiss without prejudice means that the prosecution can still re-file the case.
Acting Chief Prosecutor Kevin A. Lynch said they believe that it is in the interest of justice that the charges be dismissed without prejudice due to insufficient evidence.
Fortunato’s counsel, Assistant Public Defender Adam Hardwicke, earlier submitted a motion to compel disclosure of information the prosecution may have regarding the case.
Fortunato used to work as a technician at 3A’s Polyshine.
Hardwicke said the government should reveal any evidence that tends to exculpate his client, including but not being limited to the 3A’s Polyshine receipt book, or any evidence which could be used to impeach the government’s witnesses and any such information in the custody of any other governmental agency.
According to Hardwicke, Fortunato was in charge of purchasing lunches for all the employees of 3A’s Polyshine.
The amount of money he received to purchase these lunches and the amount of money spent on these lunches and the amount of money these lunches actually cost are at issue in this case, Hardwicke said.
Fortunato, he added, is being charged with stealing the change from each lunch purchase transaction over a period of approximately 18 months.
3A’s Polyshine maintains a receipt book which contains every transaction including but not being limited to the purchase of employee lunches, Hardwicke said.
Employees, he added, are required to record any transaction in this receipt book, which contains every lunch transaction as it relates to Fortunato and therefore will shed light on what, if any, thefts actually occurred.
Fortunato was arrested on June 30, 2006 for theft after the owner of 3A’s Polyshine called the police and reported that the defendant pocketed the change from his co-workers’ daily lunch money which amounted to $1,120.
Fortunato was in charge for the purchase of the daily lunches of his co-workers.
He picked up the lunch boxes from Mary’s Bakery every day.
3A’s Polyshine owner said Fortunato did not return the loose change and receipts.
The alleged thefts occurred between Feb. 2005 and June 2006.