Thursday, September 17, 2009

Who's Right?

Prosecutors call it a case of deceit, deception and greed.

Defense attorneys say it's simply a case of an elderly woman who spent her way into financial ruin and had to be rescued.

Who's right?

A jury will answer that question during the trial of Joseph and Cynthia Clancy, who are accused of bilking Eloise Mudway, now 92, out of her house and assets between 2001 and 2005.

The Clancys are charged with one count each of grand theft from a person over the age of 65 and face up to 30 years in prison if found guilty.

The case went to a non-jury trial a year ago but ended prematurely when Circuit Judge Jack Day received a fax from state Sen. Mike Fasano condemning the Clancys. Defense attorneys asked Day to recuse himself, arguing that the fax might have prejudiced him against their clients. Day agreed.

This time around, the Clancys opted for a jury trial.

Much of the state's case rests on the contention that the couple stole Mudway's 2,900-square-foot home out from under her by having her unknowingly sign a quit-claim deed in May 2004.

Full Article and Source:
Trial Begins Pasco Couple Accused of Bilking Woman


Anonymous said...

Who[s' right? That's easy - Eloise Mudway.

StandUp said...

Start packing, Clancys. And take plenty of underwear. 30 years is a long time.

Norma said...

Judge Day was correct in recusing himself, although he likely wasn't prejudiced by the fax.

Most judges who are prejudice won't give it up. Day's actions indicate he was not.

Anonymous said...

A jury trial?

That's a stupid move, Clancys. A jury won't like the fact that you took advantage of Eloise Mudway.

Anonymous said...

You don't "rescue" someone by taking advantage of them.

The Clancys sure sound like professional guardians, don't they?