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Testimony continues in trial of Clancys

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By TODD LESKANIC

tleskanic@tampatrib.com

Published: September 17, 2009

NEW PORT RICHEY - Testimony continued Wednesday in the trial of a couple accused of defrauding an elderly woman out of her house and assets, although the alleged victim didn't take the stand as expected.

Joseph and Cynthia Clancy of 9510 Hilltop Drive are charged with one count each of grand theft from a person older than 65. They each face a maximum punishment of 30 years in prison.

The Clancys are accused of stealing money and the 2,900-square-foot home of Eloise Mudway between 2001 and 2005.

The Clancys moved in with Mudway in 2001 with the understanding that they would care for her. Assistant State Attorney Mike Halkitis has said the couple duped Mudway out of the house on Hilltop Drive by having her unknowingly sign a quit-claim deed in May 2004. They took out two mortgages on the house later in 2004, receiving more than $33,000 in cash in one of the transactions.
Defense attorneys Dean Livermore and Mark Goettel contend Mudway's house was in foreclosure and that their clients acted only to save the house. They say Mudway spent herself into financial ruin.

The Clancys still live in the house. Mudway, 92, now lives with another local family. She was expected to testify Wednesday but is now scheduled to take the stand this afternoon.

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