"Yes, it (the money) has been repaid, but these people will never know how much she took."

Bruce-Schmidt initially lied about stealing, Garcia said, blaming the missing money on a former employee.

"Note: there was never a former employee," Garcia said. "She did not turn herself in. The case was going forward with or without her cooperation. She maintained an almost cavalier attitude and showed no remorse."

In addition, Garcia said, three days after her arrest last February, Bruce-Schmidt went to Albany and filled out an application for a real-estate license.

On question No. 5, Garcia said, which asks if any felony charges are pending against the applicant, "she checked no."

That false statement alone constitutes another felony, Garcia said.

And in April 2002, Garcia said, Bruce-Schmidt was investigated for allegedly adding charges to nightly condo rentals and keeping the money for herself.

In that incident, the Department of State found Bruce-Schmidt "untrustworthy and incompetent," Garcia said, and fined the property manager nearly $15,000, to be paid off in several years time.

Bruce-Schmidt was still paying off that fine while stealing from the Pine Hill Homeowners Association accounts, Garcia said.

"Is she remorseful, judge? I don't think so," Garcia said. "Truthful? When?"

The Pine Hill embezzlement was not a one-time aberration in Bruce-Schmidt's judgment, Garcia said.

"The people I spoke to in the community do not feel the same way, including 60 people at Pine Hill."

Jeff Byrne, president of Pine Hill Phase 1, with 38 members, said in a statement to the court, "We believe Penny Bruce is not sorry for what she did, just sorry she was caught."

RELENTLESS GUILT'

Bruce-Schmidt stood trembling and sobbing as she read a statement aloud to the court.