Probation for Astoria surrogate scam woman
Published 4:00 pm Sunday, November 21, 2010
An Astoria woman pled guilty to charges of theft and computer fraud in a surrogacy scam case Friday morning.
Audrey Magallon, 31, had advertised herself as a surrogate mother and convinced two couples to pay for babies that never existed.
Earlier this year, she told a New Zealand couple, Leanne Greenwood and her partner James Hapurona, she was pregnant. She told Cheniya and Peter Beres, of Port Townsend, Wash., the same thing. The mother of four children, she supported her claims with pictures of positive pregnancy tests and ultrasound photos from previous pregnancies that were doctored to look recent.
Magallon pled guilty to two theft charges, identity theft and two charges of using a computer to commit a crime. She also pleaded guilty to assaulting her husband, Robert Lewis, in an unrelated case.
Clatsop County Circuit Court Judge Paula Brownhill sentenced her to two years probation and 20 days in jail (with credit for time already served) for one of theft counts. Since Magallon has been in custody since early October, she has already served her full jail time. She will also face 18 months of probation for the other charges and has been ordered to pay nearly $10,500 in restitution to the victims.
I really believe this crime deserves a lot more than 20 days in jail, Judge Brownhill said.
The case is closed, but the victims are still reeling.
The Beres were present in the courtroom during the sentencing and the New Zealand couple was present by phone. They live near Helensville, a small town outside of Auckland.
Deputy District Attorney Scott McCracken read a statement from Greenwood.
I was extremely vulnerable at the time, Greenwood wrote. I put all my trust in you. Over the phone, Hapurona said they feel violated by the betrayal.
Cheniya Beres, 52, and her husband Peter, 46, had been married for eight years, but could not have a child. When Magallon became their surrogate and told them she was pregnant with their child, Cheniya Beres was ecstatic.
In a statement to the court, she described how they received regular updates from Magallon on the progress of the pregnancy. Beres bought baby clothes and planned a shower. She dreamed about holding her baby and counted down the days.
My dream was coming true, Beres told Magallon. …To me you were right up there with God.
She hoped the child would be a girl. She wanted to name the baby after a sister who had died.
Instead, she received a phone call from Astoria Police Officer Nicole Riley: It had all been a scam.
I thought there might be a mistake, Beres said. Over the months, she felt shed gotten to know Magallon. She cared about her.
She is still asking Why?
Peter Beres, who didnt speak during the court proceedings, said the hardest part was coming down to Astoria. Cheniya Beres said the hardest part would be leaving. Both agreed they were glad it was over.
I hope she learns how much family means, Peter Beres said. I hope shes able to make things right and be a true family member.
The couple was especially concerned about Magallons children who have been taken away by the state because of the charges against her.
Theyre the ones that are really suffering right now, Peter Beres said.
Magallons attorney John Orr said his clients life has been upended in many ways.
This is actually a human being with feelings, with the knowledge that she has caused harm and broken hearts, he said. (She) has experienced deep remorse.
Judge Brownhill and Greenwood questioned this remorse, saying it seemed like Magallon only felt remorse because she was caught.
The things you said to these people, Judge Brownhill said. They wanted to believe it was true and you did everything in your power to convince them. … You stooped to new, low levels.
I wanted to stop but I didnt know how to break it to them, Magallon said in court. I did care for them. … I am sorry for what I did, but Im sorry doesnt mean an awful lot.
I think she lost herself somehow, Cheniya Beres said later.
After sentencing, Beres said Magallon turned to look at her.
(She) mouthed Hi to me, Beres said. I mouthed Hi back.
Someday, she told Magallon at the sentencing, I know I will forgive you.