Jon Carlisle, a spokesman for the Office of the State Treasurer, confirmed that Desmond is receiving her pension because the case was continued without a finding, which his agency does not consider a conviction and, therefore, not a basis for denying retirement benefits.
During the hearing last Sept. 11 in Peabody District Court, a judge asked Desmond if the allegations were true.
“I will admit that they’re essentially true,” Desmond responded.
In her lawsuit, Desmond, who remains on probation until September, contends that because her case was continued without a finding, she should have been reinstated to her position before her resignation and awarded back pay, along with credit for unused vacation, sick and personal time.
Desmond, who is representing herself in the lawsuit, did not respond to an email message from The Salem News seeking comment.
Vitale, the court officer who was also facing charges stemming from the confrontation with the cab drivers, pleaded guilty in his case and was put on probation. He died on Dec. 31.
Courts reporter Julie Manganis can be reached at 978-338-2521, via email at email@example.com or on Twitter @SNJulieManganis.