Count dismissed in Frost Trial
Witness' Testimony Refuted
The state’s case against golf pro Don Frost took a hit Friday when Judge G. Edward Dwyer dismissed one of two counts of theft for insufficient evidence. Frost, 51, was charged in July 2015 with two counts of theft schemes from 2006 to 2012, totaling $30,000.
The former club manager was fired from the Frederick’s municipal golf course Clustered Spires in May 2015. His trial, delayed six times, began Monday, Oct. 17 and is expected to wrap up Monday, Oct. 24 with closing arguments.
Frost’s attorneys made a motion Friday that both counts be tossed because the state could not prove that Frost had stolen money from the sale of used golf balls and golf grips, and the proceeds from regripping services. Dwyer dismissed the charge of theft scheme for under $10,000 for the sale of golf balls, saying the state could not prove that Frost had stolen property from the City of Frederick when he entered a contract with LinksChoice to sell used balls.
The dismissal came a day after Scott Peterson, a former part-time employee at Clustered Spires who took over Frost’s job as general manager in June 2015, gave testimony that was refuted by defense attorney Alan Winik.
In a grueling cross examination Thursday, Winik dismantled Peterson’s testimony to the state and his initial statements to Det. Steven Petruzzello and the City of Frederick’s human resources manager Kathryn Nicolato. Peterson testified that he worked four days a week, 8 - 10 hours a day between Oct. 2012 and December 2012, but his time sheets indicated that he worked less than 18 hours in October and fewer hours in the colder months of November and December.
When Winik pressed him, Peterson said he could not recollect the specific hours. Peterson also had to recant his earlier testimony that he had observed the receipt of golf grips to the pro shop when Winik pointed out that no invoices for grips were recorded from October 2012 through December 2012.
“It must be my mistake then,” Winik said. Peterson responded that no, “it is my mistake.”
“Let’s get right down to it,” Winik said. “It’s not a mistake at all. It’s a lie!”
Peterson also floundered on the question of a missing K-Vest, a training tool used to help golfers improve their swing. In his statement to police, Peterson said that Don Frost had stolen the K-Vest, which was later found at the Clustered Spires golf course.
Be sure to check The Frederick Extra for more details of the Frost case next week.
