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May 27, 2011

Messamore pleads guilty to misdemeanor

By HEATHER TOMLINSON, CJ Staff Writer Commonwealth Journal

Somerset — A local youth, middle school and high school coach who was accused earlier this year of embezzling money from a postal organization pleaded guilty to a lesser charge in court.

Max Edwin Messamore, of Somerset, last week pleaded guilty in U.S. District Court in London to failure to maintain union records, which is a misdemeanor, as part of a plea deal.

Messamore admitted through his acceptance of the plea deal that, as the president of the National Association of Letter Carriers (NALC) Branch 2039 during fiscal years 2006 and 2007, he “willfully” failed to maintain necessary financial records that showed total receipts or total payments to officers and employees of NALC Branch 2039, according to the court records.

That failure, the U.S. states, led to a financial loss to Branch 2039 of $2,293.77.

Messamore was indicted by a grand jury in U.S. District Court in London in late January for allegedly stealing more than $2,000 from a U.S. Postal Service labor organization. That charge, a felony, will be dropped when Messamore begins the sentencing process for the misdemeanor charge later this year, according to the court records.

The misdemeanor charge brings with it a maximum of one year in prison, a fine of no more than $100,000 and supervised release for one year, according to the court documents.

According to the court document, the U.S. recommends that Messamore repay the $2,293.77 in restitution as part of the plea agreement.

As part of the plea deal Messamore will also not serve or be permitted “to serve in any capacity, other than in his capacity as a member of such labor organization, that involves decision making authority concerning, or decision making authority over, or custody of, or control of the moneys, funds, assets, or property, or any other designation as specified in 29 U.S.C. 504(a),” according to the court records.

Messamore will remain released from custody for future court appearances.  

Messamore’s attorney, Bill Thompson, declined to comment on the case on Wednesday, saying he may make a statement about the case when it comes to a close later this year. 

The plea agreement was filed on Thursday, May 19.

A sentencing order handed down by U.S. District Judge Gregory F. Tatenhove on Monday states that sentencing proceedings are set for Thursday, Sept. 15, 2011.

Messamore joined the Somerset High School football coaching staff last fall, and he has been the Meece Middle School head football coach for 15 years. He led the Briar Jumper gridders to the 2009 Small School Middle School state title.

Messamore also had a stint as the Meece Middle baseball coach, and has coached in youth leagues in Somerset for many years as well.

He helped lead the Somerset High School baseball team to the 1974 state title as an all-state catcher. He also was the SHS quarterback under the legendary Ron Cain in the mid-70s.

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