Saturday, July 16, 2011

Court Rules Britney Spears Does Not Have to be Deposed

A Los Angeles court has adjudged that Britney Spears does not have to depose in a lawsuit that was launched by a licensing company over a breach of contract.

According to, the requests of the lawyers for 'Brand Sense' were turned down by a judge, as Spears was still under conservatorship."

Full Article and Source:
Court Rules Out Britney's Deposition in Brad Sense Lawsuit

See Also:
Britney Spears Breach of Contract Countersuit May go on Hold

Death With Dignity Act May Face Amendment

Western psychology professor Ethan Remmel lived with incurable cancer for more than a year. He underwent 10 months of chemotherapy, which caused fatigue and sickness that were hard to bear. He rarely felt like himself. Whenever he stopped treatment, he faced unyielding pain, said Grace Wang, Remmel’s partner and associate professor of environmental studies at Huxley College of the Environment.

At his home on June 13, Remmel ended his life under Washington state’s Death with Dignity Act. The law allows people who are terminally ill to take lethal pills prescribed by their doctors.

Remmel’s family, friends, colleagues and students came together on June 28 for a memorial at Zuanich Point Park in Squalicum Harbor. They shared stories, listened to some of Remmel’s favorite songs and read some of his favorite poems. It was his birthday. He would have turned 42.

Since taking effect on March 5, 2009, 152 people have received lethal medication under the law, according to the Washington State Department of Health.

Washington’s law is similar to one enacted by Oregon voters in 1997. Oregon was the first state to allow people with terminal illnesses to ask their doctors for lethal medication. Lawmakers in Vermont, Massachusetts, Pennsylvania and Hawaii are considering similar measures.

Death with Dignity Act
Nearly 58 percent of Washington state voters in the 2008 election voted in favor of the Death with Dignity Act.

The law lets people living with deadly illnesses maintain some level of control over their lives, said Robb Miller, executive director of Compassion and Choices of Washington. The nonprofit organization supports terminally ill people seeking to end their lives.

“For some patients, having control improves the quality of life at the end of life,” Miller said.

Eileen Geller, a registered nurse and president of True Compassion Advocates, a Seattle-based nonprofit corporation that promotes awareness and prevention of suicide and assisted suicide, said providing lethal medications to ill people or seniors might pressure them to choose death simply to avoid being a burden or financial burden to loved ones.

“This act ends up steering some people toward assisted suicide,” Geller said. “The solution is to create compassionate, practical and helpful resources, not hand them lethal medications.”

The term “assisted suicide” is controversial among supporters of Washington’s law. Compassion and Choices prefers the term “aid in dying.”

The Death with Dignity Act does not constitute assisted suicide, according to the text of the law. State reports are not allowed to use the term.

Washington State Senate Bill 5378, introduced during the Senate’s most recent legislative session but never brought to a vote, would require doctors to list assisted suicide as the cause of death for people who choose to end their lives under the law. Sen. Margarita Prentice, a Democrat from Renton, Wash., is the primary sponsor.

Although the bill stalled during the most recent legislative session, it could be reintroduced in the future, according to Senate rules.

Currently, when a person dies of assisted suicide in Washington, doctors are required to list a person’s underlying terminal illness on the death certificate. In Oregon, death with dignity is listed as the cause of death.

Miller said listing assisted suicide as a cause of death would make it easier for extremists opposed to the Death with Dignity Act to search public death records to find and target doctors who prescribe life-ending medication.

Full Article and Source:
Death With Dignity Act May Face Amendment

TV Evangelist Charged With Abuse, Neglect of Elderly Mother and Disabled Husband

A Sullivan County TV preacher has pleaded not guilty to charges alleging abuse and neglect of her 92-year-old mother and 59-year-old disabled husband, who both required immediate medical care when they were removed from her home in February.

Brenda Viars, 59, pleaded not guilty to two counts each of physical abuse or gross negligence of an impaired adult, a Class C felony, and willful abuse, neglect or exploitation of an adult, a Class E felony during a formal reading of the charges in Sullivan County Criminal Court.

Attorneys Justin Pennington and Rick Spivey appeared with Viars . Following Viars' arraignment, Pennington asked the judge to "bar the (media) cameras" from the courtroom, citing a concern about pre-trial publicity and the possibility that it might "taint" the jury pool.

Sullivan County Criminal Court Judge Robert Montgomery denied Pennington's request, but told him he could present the motion again, in writing, and have a hearing on the issue on July 27. Citing the motion as evidence of their desire to proceed to trial, Montgomery also set a tentative Dec. 12 trial date.

Viars' charges allege she abused or neglected her mother between May 10, 2010, and Feb. 16, 2011, and her husband between Oct. 10, 2010, and Feb. 16, 2011.

Feb. 16 is when investigators with the Sullivan County Sheriff’s Office and Tennessee Department of Human Services allegedly found Viars ’ mother and husband living in squalor in an apartment adjacent to a church Viars was pastoring — the All for Jesus Church of God .

At that time, the Sullivan County Planning Department closed the church building and posted a notice declaring it unfit for human occupation due to infestation, garbage accumulation and obstructed walkways. Officials report the building was cleaned up by mid-March.

Viars’ mother and husband were both taken to Bristol Regional Medical Center for treatment.

A Tennessee Department of Human Services spokesman said he was told Viars' mother was initially placed in an assisted-living facility upon her release from the hospital, and that Viars' husband had to have part of one leg amputated.

The TDHS spokesman said that the Adult Protective Services division reports Viars' mother and husband eventually moved back in with Viars at the Blountville residence. He said the Adult Protective Services division reported conducting home checks in March, April and May and finding no concerns.

A Sullivan County grand jury returned sealed indictments against Viars on June 28. She was arrested June 30 and released on a $50,000 bond the same day.

Full Article and Source:
Sullivan County TV Evangelist Pleads Not Guilty to Abuse, Neglect of Elderly Mother, Disabled Husband

Friday, July 15, 2011

Marti Oakley's Interview on Rense Radio


Ohio Guardianship Investigator Fired

Mahoning County Probate Judge Mark Belinky fired Donald D. Gaudio Jr., [7/14/11] from his position as deputy clerk and guardianship investigator, effective immediately.

The judge had put Gaudio on unpaid administrative leave on June 16, the day after Gaudio, 49, of Boardman, allegedly threatened to punch Samuel M. Moffie, a 51-year-old Boardman businessman, in the face in the county courthouse rotunda just before the swearing-in ceremony for county Treasurer Daniel R. Yemma.

A sheriff’s department report was filed, but no criminal charges were filed in that incident. “His conduct did not meet court standards,” Judge Belinky said of Gaudio, declining to elaborate.

In April 2010, Judge Belinky put Gaudio on two weeks’ leave pending an internal court investigation concerning other matters, docked him a week’s pay and reinstated him on a 120-day probationary period.

Full Article and Source:
Mahoning Co. Probate Court Judge Fires Investigator, Deputy Clerk

See Also:
Court Investigator Placed on Leave

Thursday, July 14, 2011

Abuse and Corruption Rampant in Probate Court of Cook County, IL

Appointment of ad Litem Guardian for Alice Gore

Consequently, Bev Cooper lost her Plenary Guardianship role and Judge Kawamoto granted Kimi Cooper guardianship of her grandmother. Judge Kawamoto was well aware of Kimi Cooper’s long-standing history of childhood psychiatric illness and that Kimi was unfit to carry out her guardianship role.

Shortly thereafter the Court, urged by Miriam Solo, removed Kimi as Guardian of the Estate and made her Guardian of the Person, thereby relegating Kimi to a puppet role. Miriam Solo was retained as Guardian ad Litem on the case.

Alice Gore, subsequently, under the direction of Guardian ad Litem Miriam Solo, was moved out of the apartment building owned by her cousin, Mr. Estofmes, into one of his nursing homes, at which time a feeding tube was inserted in Alice Gore’s stomach unnecessarily, for their convenience. In this facility Mrs. Gore’s health declined.

(To be noted: Mr. Morris Esformes has been under investigation by Lisa Madigan’s office in the past for allegedly placing homeless people into his public aid nursing home. These placements were done without proper criminal investigations prior to the placement. Regarding Probate Judge Lynne Kawamoto, an Associate Judge in Circuit Court, she was found not qualified in 1994 by the Chicago Council of Lawyers.)

Attempts by Beverly Cooper to bring her concerns about her mother’s decining condition to Judge Kawamoto resulted in Bev being restricted from visiting her mother without supervision for a number of years. Rehab Assist was assigned to supervise Bev, and allegedly brought false statements to Judge Kawamoto about Bev’s interactions with her mother while visiting, resulting in further visitation restrictions.

By the time Alice Gore died in February of this year, an estate worth over a million dollars was depleted. Annuity checks went missing and an inventory and accounting of how and for what checks were written has not been provided by the Cook County Probate Court, despite repeated requests by Beverly Cooper.

Alice Gore died a pauper. She lay six days in a morgue before her body could be claimed. To add insult upon insult, the Coopers had to pay for the burial of Bev Cooper’s mother, Alice Gore.

Full Article and Source:
Abuse and Corruption Rampant in Probate Court of Cook County, IL

See Also:

Abuse and Corruption Rampant in Probate Court of Cook County: The Case of Alice Gore, Beverly Cooper's Mother

'In the Matter of Tracy A. Bloodsaw'

2011 NY Slip Op 05881
1244, M-1244.
Appellate Division of the Supreme Court of New York, First Department.

Decided July 7, 2011.
Jorge Dopico, Chief Counsel, Departmental Disciplinary Committee, New York (Kevin M. Doyle, of counsel), for petitioner.
No appearance for respondent.
Before: Mazzarelli, J.P., Sweeny, DeGrasse, Richter, and Manzanet-Daniels, JJ.

The Departmental Disciplinary Committee (Committee) now petitions for an order, pursuant to 22 NYCRR 603.4(e)(1)(i) and (iv), immediately suspending respondent from the practice of law until further order of the Court based upon her noncooperation with a Committee investigation and her failure or refusal to pay money owed a client. Although served, respondent has not submitted a response to this motion.

The Committee's motion is based upon two complaints filed against respondent alleging, first, that she failed to return monies owed to a client, including an admitted owed debt which led to an arbitration award in the client's favor, and second, that she mishandled a guardianship by failing to render annual accountings, leaving unexplained the whereabouts of certain guardianship assets, and by failing to explain why her ward's apartment was in a dilapidated, rodent-infested condition when she had claimed an expenditure of more than $50,000 for the apartment's repair and renovation.

We find that respondent's conduct merits immediate suspension from the practice of law.

Full Article and Source;

Wednesday, July 13, 2011

Abuse and Corruption Rampant in Probate Court of Cook County, IL

The Case of Alice Gore, Beverly Cooper's Mother

It might be questioned how individuals as people savvy as the Coopers could be caught up in a probate court swindle involving a loved one?

Both Coopers believe in law and justice and that the courts and those involved in the court system serve as protectors of the public and not predators. This same trust in the judicial system is held by the American people, which is why abuse of the most vulnerable is a nationwide problem.

As with so many individuals who have fallen prey to a growing uncaring and unjust judicial system, the Coopers trusted their attorney of 27 years, Karen Bowes and her associate Bruce Lange, who then guided the Coopers toward what was to become a hellish experience involving Bev Cooper’s mother.

As the story unfolds in 2008 (actual names are used as all are part of the public record), Beverly Cooper’s mother, Alice Gore, was living in an apartment building owned by Mr. Morris Esformes who likewise owned numerous nursing homes, to which Alice Gore had divulged her complete financial information upon moving in. At this point of time Bev Cooper had Power of Attorney for her mother’s health and financial needs, per her mother’s request, and Court-arranged by her attorney, Karen Bowes and associate Bruce Lange who works for Harris Bank and Trust.

Attorney Bowes was able to convince Bev Cooper that she should go to court to seek guardianship of her mother, being told by Bowes that guardianship trumped Power of Attorney. Represented by attorney Karen Bowes, Bev Cooper was granted Plenary Guardianship of her mother by Cook County Probate Judge Kawamoto. At the same time Judge Kawamoto appointed Miriam Solo, a cousin of apartment building owner, Mr. Morris Esformes, to serve as Guardian ad Litem on the case.

The plot thicken. Beverly Cooper’s attorney, Karen Bowes, and the court-appointed Guardian ad Litem, Miriam Solo, cousin to Mr. Morris Esformes, had been close friends for ten years. Karen Bowes knew that Bev and Ken Cooper had a daughter born with severe personalty disorders and psychotic problems for she had served as legal counsel to the Coopers for psychiatric and legal issues their daughter Kimi had endured during her childhood. As such Miriam Solo had heard about the Cooper family and realized their was money involved with Beverly’s mother, Alice Gore.

Bev Cooper’s Plenary Guardianship turned out to be short-lived, from February to August, 2009. It was then that Beverly Cooper’s mentally disabled and psychotic daughter, Kimi Cooper, was set up to make a complaint to Judge Kawamoto against her mother. Kimi testified that her mother had stolen $300,000 from her grandmother’s account, which was found to be an error made by the bank. It never happened.

Full Article and Source:
Abuse and Corruption Rampant in Probate Court of Cook County, IL

Note: To be continued....

Providing for Your Pet's Future Without You

Holland resident Frank Martin's unexpected death on June 12 left his two Basset hounds, Harley, 4, and Davidson, 6, without a home or family.

Mr. Martin -- like many pet owners -- never made legal plans for his canine companions in the event of his death. These hounds appear to be lucky -- the list of those offering to adopt them is long.

But had no one stepped forward, the outcome could have been bleaker -- the dogs could have been split up or even faced death.

"That is why it is so important to make provisions in the will and that there is somebody who knows when you pass away that there are provisions," executive director of Toledo Area Humane Society John Dinon said while explaining the possible consequences of failing to make post-death pet care plans.

In a document titled "Providing for Your Pet's Future without You," the Humane Society of the United States recommends that pet owners delegate temporary care-giving responsibility to friends or relatives in the event of an emergency, in addition to making permanent care plans in a legal document.

Full Article and Source:
Owners Urged to Make Provisions for Pet in Will

See Also:
Providing for Your Pets Future Without You

Tuesday, July 12, 2011

Estate Resources Inc. (Estate Guardians) Face New Swindle Complaints

Legal problems are mounting for the two operators of Estate Resources Inc., a defunct Minnesota company that provided guardianship, conservatorship and estate administration services with court approval.

On July 26, Terri Ann Hauge of Edina and Terrance Larpenteur of Phoenix, Ariz., are scheduled to appear in Hennepin County court to face allegations that they stole at least $53,000 from an estate they oversaw.

In March, Whistleblower reported how Hauge and Larpenteur had amassed one of the state's largest portfolios of guardianship cases, despite complaints dating to 2000 and Hauge's troubled past as a lawyer whose license was suspended in 1995 for misconduct.

Last year, Hauge was charged in Rice County with nine felonies and a misdemeanor after investigators determined she had stolen $68,000 from the vulnerable adults whose affairs she managed, court records show.

Hauge is scheduled to go to trial on those charges in October. Now she and Larpenteur, her former business partner, each face a felony charge of theft by swindle in Hennepin County.

The criminal complaints, filed June 16 by Hennepin Sheriff's detective Shawn Gullickson, describe how Estate Resources was appointed by a judge to handle the $1.4 million estate of an Edina man, Foster A. Green, who died in November 2003.

In a 2008 hearing, Hauge said she didn't know what happened to the missing $116,000 because Larpenteur moved to Arizona and had the file. But according to the criminal complaint, Hauge told Gullickson that "Estate Resources had been falling behind financially, and defendants took extra money from the account to keep the firm afloat."

The complaint alleges that Larpenteur and Hauge paid themselves $53,063 more than their approved expenses.

Full Article and Source:
Estate Guardians Face New Swindle Complaints

Man Accused of Neglecting Wife to Death Will Not Stand Trial

A Manassas Park man arrested in connection with his wife's death will not stand trial on his charges, after the Prince William County Commonwealth's Attorneys office decided not to prosecute the case.

Barry J. Karsh, 62, of 123 Evans St. was arrested in April and charged with abuse and neglect of a vulnerable adult.

Karsh’s estranged wife, Jennie Karsh, of Manassas was found dead in her home at 9504 Park St. on Aug. 11. Authorities who responded to the scene said the victim was in poor physical condition and appeared to weigh less than 90 pounds.

Officers investigating Jennie Karsh’s death spoke to social services employees who said Barry Karsh had inquired about how to get his wife committed.

They, in turn, gave him instructions on how to become his wife’s legal guardian.

Barry Karsh told police he’d tried to obtain guardianship over his wife, but her daughter wouldn’t let him, according to the affidavit.

The victim’s daughter told police that Karsh’s statement about her wasn’t true and that she had actually offered to pay for an attorney and help him with the guardianship process, but he hadn’t followed through.

Full Article and Source:
Manassas Park Man Accused of Neglecting Wife to Death Will Not Stand Trial

See Also:
Man Charged With Neglecting Mentally Ill Wife to Death

Monday, July 11, 2011

NY Supreme Court Appellate Division Will Not Dismiss Gary Harvey's Suit Against Judge, County and Appointed Attorney

Motions were denied by the state Supreme Court's Appellate Division to dismiss a lawsuit seeking to force Chemung County to prove it did not exceed its legal authority in its guardianship of a Horseheads man.

The suit was filed by Sara Harvey of Horseheads, who has been fighting for guardianship of her husband Gary.

In its June 30 ruling, the Appellate Division's Third Judicial Department in Albany denied the county's motions to dismiss the suit. The ruling also orders Supreme Court Justice Judith O'Shea, state Mental Hygiene Legal Services Attorney Kevin Moshier and the county Department of Social Services guardian to file responses by Aug. 1.

Now 60, Gary Harvey suffered a traumatic brain injury following a heart attack and subsequent fall down a flight of stairs in January 2006. She had sought legal guardianship of her husband, but the county Department of Social Services was appointed as his legal guardian indefinitely.

Full Article and Source:
Court Won't Dismiss Suit Against Chemung County

See Also:

Faux Intern Accused of Swindling Man With Dementia

A woman, claiming to be a physical therapist intern, is accused of swindling $65,000 from an elderly, dementia-addled man.

Joanne Ayoube, 30, was arrested after she tried to get the 95-year-old victim to change his death benefits at a financial institution, according to the Fort Bend County District Attorney’s Office.

She is now charged with theft from an elderly person and is being held at Harris County Jail without bond.

Ayoube was posing as an intern at HealthSouth Sugar Land Rehabilitation Hospital when she met the victim, a district attorney’s office spokeswoman said. She did not have a PT license.

Full Article and Source:
DA: Faux Intern Swindles Dementia Patient

Sunday, July 10, 2011

Boise Lawyer Gets 10 Years

Do you remember Joy Cassidy?

She is the 75-year-old woman who dumped mayonnaise, maple syrup and ketchup in a library book drop.

While Cassidy was fighting her case, she became the victim of another crime.

Cassidy paid her lawyer, Richard Bergesen, $152,000 to represent her. Lawyers we talked to say she should have only paid $3,000.

Ada County prosecuting attorney Jonathan Medema said Bergesen played off Cassidy's fears of going to jail to get thousands of dollars more.

It started when Cassidy dumped condiments in an Ada County library book drop in 2009. She hired attorney Richard Bergesen to help with her case.

"He was telling her that he needed this money to keep her out of prison,” said Medema.

Bergesen first asked for $50,000, then he said he needed $100,000 more. Cassidy paid the outrageous sum because she was scared of going to jail.

"Well, there is usually no limit on people who are stealing money, you know he can take it, so he'll just keep taking more," said Medema.

Bergesen was sentenced Wednesday to 10 years in prison. He will be eligible for parole after three years. He must also pay more than $153,000 in restitution.

Cassidy pleaded guilty to dumping condiments in the library book drop. In January, a judge sentenced her to at least a month in jail.

Full Article and Source:
Boise Attorney Gets 10-Years for Stealing From Elderly Client

Boyd Davis Arrested

Authorities on Tuesday charged Boyd Davis Jr., the embattled former owner of a Chester County oil company, with committing a “massive theft” of his late parents’ assets.

In court documents, authorities allege Davis used a complicated scheme of financial and legal transactions to take money from his parents’ estate.

Davis, 70, of East Bradford, surrendered to Chester County Detectives and was arraigned about 10:30 a.m. before Magisterial District Judge Gwenn Knapp. He was released on $250,000 unsecured bail and faces counts of theft by deception, theft by failing to make required disposition of funds, receiving stolen property, forgery, misapplying entrusted property and dealing in proceeds of unlawful activities.

A preliminary hearing has been set for July 21.

The accused’s father, Boyd Davis Sr., started the Moulton H. Davis Estate Oil Co. in 1955 as an offshoot of the family’s lumber business. At the heart of the allegations against Davis Jr. is a $500,000 mortgage that investigators say he fraudulently acquired on his mother’s home on West Strasburg Road outside West Chester to pay off a debt to a friend, which in turn had been used to pay off other debts from other friends and other personal expenses.

Detectives say Davis switched funds from a Commerce Bank account set up to hold his parents’ assets to accounts of his own in the bank. They allege he also used deposits to an account of the oil company for his own purposes, even though they should have been split with his younger brother, Brooke Davis Sr., as co-owner of the business.

Full Article and Source:
Boyd Davis Arrested