A woman who was let out of jail to seek a heart transplant has been re-incarcerated on a new misdemeanor theft charge. Diane McCloud was released from a 15-month sentence earlier this year for two petit larceny charges on the condition she avoid re-arrest and take all necessary steps to get a heart transplant (NYLJ, Jan. 24). But Ms. McCloud was re-incarcerated on Friday for acting in concert with another defendant to steal about $500 in merchandise, including diet pills and teeth-whitening strips, from an Oceanside CVS/pharmacy on July 16.

At her arraignment before Nassau County District Court Judge Francis Ricigliano (See Profile), Ms. McCloud, 48, pleaded guilty to petit larceny, a Class A misdemeanor. Wearing a bag pumping fluid to keep her heart working, she offered no explanation for the act, said her attorney, Leonard B. Isaacs of Valley Stream. Ms. McCloud now will be ineligible for a transplant, Mr. Isaacs said, as she will lose her eligibility for Medicaid, which would have paid for the procedure, and transplant programs do not accept prisoners, he said. “It’s a very unfortunate situation that occurred,” Mr. Isaacs said, later adding, “I had hoped we would be able to get a heart transplant and essentially save her life.”

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