Gary Harvey's case presents an unusual advocacy challenge. Never before have I been asked to assist a family who does not even have guardianship of their vulnerable-patient loved one. The chances for success under such a severe limitation are viewed as being low to nil, including by at least one person from inside my own private network of volunteer advocacy workers. But those of us who are not intimidated by statistical hurdles are here to do something to dramatically change those odds – in Gary's favor. To us, rising up against and overcoming such bitter odds is what in part defines our work.
This is a bizarre, deeply disturbing case of guardianship dispute in which complete strangers, completely unknown to the patient, have completely taken control of this man's life, health, money, and even his marriage in effect. The guardianship is being coldly wielded not only in sheer defiance of the patient's wife and closest loved one, but also in appalling defiance of medical decency and fairness. A dubious court-appointed, so-called "guardian" from Elmira, NY and her web of collaborators in Chemung County have further conducted themselves in a highly questionable manner that suggests not only the possibility of financial exploitation but serious medical endangerment as well for this brain-injured disabled man.
Perhaps most telling is the fact that this supposed guardian flatly and repeatedly refuses to allow and arrange an outside independent medical second opinion that would provide a revealing *objective* assessment of the truth about the 'treatments' and non-treatment that have been pursued under the present so-called "care" of Mr. Harvey.
This is beyond suspicious.
Gary's beloved wife just wants him to get a medically very appropriate second opinion and opportunity to access some prominent doctors in the field of brain injury who just might be able to help her husband get a little better and hopefully come home. What is wrong with that? Nothing. What would be right about that? Everything.
Thus begins a new phase of advocacy efforts on behalf of Gary E. Harvey of Horseheads, New York: It is not on technical legal grounds that I propose to fight as a coordinated broad-based community against the people who are doing this to him, but rather it is on moral grounds that I propose we all do this. It is a moral issue. And this is America. It's time for these questionable people to be shown in a most compelling manner what Americans (and Canadians) can do when a moral issue like this develops inside the closed realm of a potentially corrupt power that picks on or feeds off of vulnerable people like Gary Harvey and his wife.
Let me assure you: we do not intend to be fooled into allowing this risk to spread unchecked. Follow the story of our fight here at this Facebook Page. Join your voices of concern to let these dubious controllers know that they ought to be made examples of for anything bad that happens to Gary. You can use your own voice of support right on this Facebook Page. Add your voice to help rescue Gary Harvey.
~ Sam N. Sansalone, August 4th, 2011
Full Introduction and Source:
Facebook: Rescue Gary Harvey
JOIN Rescue Gary Harvey
See Also:
HelpBringGaryHome
Saturday, August 6, 2011
Elderly Couple Face Nightmares
When her husband's Alzheimer's disease made him so violent that she had to lock her bedroom door at night to feel safe, Janet Lentz knew it was time to put him in a nursing home.
Heartbroken, alone and unsure how to manage financially, Lentz turned to Kissimmee elder-care lawyer Linda Vasquez Littlefield to help get Medicaid for her husband.
Five years later, Eugene Lentz is dead; Janet Lentz, 76, is pinching pennies to survive; and Linda Vasquez has been arrested and disbarred.
Osceola County sheriff's investigators say Vasquez — known as Linda Littlefield before her divorce in May — used the Lentzes' credit cards to charge nearly $54,000 worth of office furniture, a vacation in CancĂșn and a ghostwriting project for her daughter. More than $43,000 was paid to Littlefield Law Group using the cards. Vasquez also spent nearly $8,000 from the couple's trust account to pay the card balances, detectives allege.
Lentz hopes Vasquez, 39, gets prison time for her fraud conviction in the case. Sentencing is Sept. 16.
Vasquez's ex-husband, Ross Littlefield, 46, who ran a trust in which Janet Lentz and dozens of other seniors placed their money, is scheduled to go to trial, also in September.
"I thought these people really cared for me," Janet Lentz said last week in an interview at her mobile home at Good Samaritan Village retirement community. "I was devastated. All I did was sob for days and days."
Full Article and Source:
Elderly Couple Who Trusted High-Living Couple Now Face Nightmares
Heartbroken, alone and unsure how to manage financially, Lentz turned to Kissimmee elder-care lawyer Linda Vasquez Littlefield to help get Medicaid for her husband.
Five years later, Eugene Lentz is dead; Janet Lentz, 76, is pinching pennies to survive; and Linda Vasquez has been arrested and disbarred.
Osceola County sheriff's investigators say Vasquez — known as Linda Littlefield before her divorce in May — used the Lentzes' credit cards to charge nearly $54,000 worth of office furniture, a vacation in CancĂșn and a ghostwriting project for her daughter. More than $43,000 was paid to Littlefield Law Group using the cards. Vasquez also spent nearly $8,000 from the couple's trust account to pay the card balances, detectives allege.
Lentz hopes Vasquez, 39, gets prison time for her fraud conviction in the case. Sentencing is Sept. 16.
Vasquez's ex-husband, Ross Littlefield, 46, who ran a trust in which Janet Lentz and dozens of other seniors placed their money, is scheduled to go to trial, also in September.
"I thought these people really cared for me," Janet Lentz said last week in an interview at her mobile home at Good Samaritan Village retirement community. "I was devastated. All I did was sob for days and days."
Full Article and Source:
Elderly Couple Who Trusted High-Living Couple Now Face Nightmares
Friday, August 5, 2011
Hennepin County District Court, Probate Division (Complaint 11959)
From 1/03/08 until now, our Mother and us are being robbed by this "court of law" that remains causal to millions of dollars being taken by an appointed "trustee". This individual horror story is being carried out on other innocent, helpless, vulnerable adults across our state. The fact is, this is what the court allows. With approval of the court, the appointee bilks tens of thousands of dollars from our estate, under the guise of "trustee fees".
We have endured years of irreparable harmed, both financially and emotionally, at the hands of a system that condones and enables fraud and abuse by who we expected to uphold the very laws that they seemingly ignore with impunity. Please - this is a travesty that is no doubt wreaking havoc not on just a few, but on untold thousands in this state alone. With the cumulative damages rivaling that of the ponzi scheme perpetators that got national attention recently.
We have endured years of irreparable harmed, both financially and emotionally, at the hands of a system that condones and enables fraud and abuse by who we expected to uphold the very laws that they seemingly ignore with impunity. Please - this is a travesty that is no doubt wreaking havoc not on just a few, but on untold thousands in this state alone. With the cumulative damages rivaling that of the ponzi scheme perpetators that got national attention recently.
The big difference being we had no intention whatsoever of risking any money yet are being fleeced by the court and it's cronies as this is being written. And no doubt will continue to to be robbed by them until it is stopped by a class action legal firm. We a need your attention as this has dragged out since Oct. of 07, with no end in sight other than to have our total financial futures taken from us by this corrupt system.
Source:
Hennepin County District Court Probate Division, complaint 11959 for $2,000,000.00
Source:
Hennepin County District Court Probate Division, complaint 11959 for $2,000,000.00
Jeffrey Schend Wants Change of Venue
A former corporate guardian accused of stealing from his disabled and elderly clients wants a jury from outside Outagamie County to hear the case.
Michael Petersen, the attorney for Jeffrey M. Schend, filed a motion Wednesday in Outagamie County Court seeking a change in venue, arguing the case has generated extensive negative media coverage. Schend is charged with six felony charges of theft and one misdemeanor theft count.
Petersen's motion includes a list and descriptions of articles published in The Post-Crescent and stories that aired on Green Bay television stations. He included copies of numerous news articles as well.
"The defendant cannot get a fair, impartial jury in Outagamie County due to the large amount of negative media coverage that this case has generated," Petersen wrote. "It is clear from the above referenced media stories that this case is of great interest to the public."
Petersen's motion says "editorialized and 'rabble-rousing' media coverage" has attempted "to influence public opinion against the defendant."
He further argues that the news coverage included a number of facts — including Schend's potential penalties — that wouldn't be admissible at trial.
Schend's trial is scheduled to begin Sept. 12, which meets his demand for a speedy trial.
Last week, Petersen also filed motions asking for the case to be dismissed and for the suppression of physical evidence and any statements Schend made to authorities.
Full Article and Source:
Jeffrey Schend, the Guardian Accused of Theft, Seeks Out of County Jury
Michael Petersen, the attorney for Jeffrey M. Schend, filed a motion Wednesday in Outagamie County Court seeking a change in venue, arguing the case has generated extensive negative media coverage. Schend is charged with six felony charges of theft and one misdemeanor theft count.
Petersen's motion includes a list and descriptions of articles published in The Post-Crescent and stories that aired on Green Bay television stations. He included copies of numerous news articles as well.
"The defendant cannot get a fair, impartial jury in Outagamie County due to the large amount of negative media coverage that this case has generated," Petersen wrote. "It is clear from the above referenced media stories that this case is of great interest to the public."
Petersen's motion says "editorialized and 'rabble-rousing' media coverage" has attempted "to influence public opinion against the defendant."
He further argues that the news coverage included a number of facts — including Schend's potential penalties — that wouldn't be admissible at trial.
Schend's trial is scheduled to begin Sept. 12, which meets his demand for a speedy trial.
Last week, Petersen also filed motions asking for the case to be dismissed and for the suppression of physical evidence and any statements Schend made to authorities.
Full Article and Source:
Jeffrey Schend, the Guardian Accused of Theft, Seeks Out of County Jury
Outagamie Co. Officials Missed Opportunity
An Outagamie County official was informed about potential financial irregularities involving former guardian Jeffrey Schend nearly a year before a criminal investigation was launched against the Appleton man, The Post-Crescent has learned.
Sue Lutz, register in probate for Outagamie County, said a 2009 email message received from Darlene Hoffman, her counterpart in neighboring Shawano County, didn't raise red flags back then.
"At that time, we had no knowledge of any problems," Lutz said Friday.
Court records show nearly $309,000 in assets of Schend's elderly and disabled Outagamie County clientele disappeared in the year following the email transmission.
A Nov. 9, 2009, email obtained by The P-C last week indicated that Hoffman questioned Lutz on whether Outagamie County used Schend as a guardian and whether the county had an issue with Schend "paying for his wards' room and board or any other problems."
Hoffman sent the email amid Shawano County pursuing, and eventually winning, a judgment against Schend based on unpaid bills accrued by the lone client he had there. A judge later ordered Schend to pay nearly $5,000, and one of his bank accounts was garnisheed as result.
Full Article and Source:
Jeffrey Schend's Guardianship Problems Started in Shawano County
See Also:
Portion of Missing Funds in Jeffrey Schend Case Found
Sue Lutz, register in probate for Outagamie County, said a 2009 email message received from Darlene Hoffman, her counterpart in neighboring Shawano County, didn't raise red flags back then.
"At that time, we had no knowledge of any problems," Lutz said Friday.
Court records show nearly $309,000 in assets of Schend's elderly and disabled Outagamie County clientele disappeared in the year following the email transmission.
A Nov. 9, 2009, email obtained by The P-C last week indicated that Hoffman questioned Lutz on whether Outagamie County used Schend as a guardian and whether the county had an issue with Schend "paying for his wards' room and board or any other problems."
Hoffman sent the email amid Shawano County pursuing, and eventually winning, a judgment against Schend based on unpaid bills accrued by the lone client he had there. A judge later ordered Schend to pay nearly $5,000, and one of his bank accounts was garnisheed as result.
Full Article and Source:
Jeffrey Schend's Guardianship Problems Started in Shawano County
See Also:
Portion of Missing Funds in Jeffrey Schend Case Found
Arizona Police Assist in Jeffrey Schend Investigation
As part of the continuing investigation into former guardian Jeffrey Schend's financial records, local police received assistance from Arizona officers.
A search warrant returned to the Outagamie County Clerk of Courts this month showed police in Mesa, Ariz., searched a storage unit rented by Schend and returned several items to Appleton investigators.
During a May indigency hearing, Schend said the storage unit he rented in Arizona contained clothing.
Items sent to Appleton included a computer, an iPad tablet and six compact discs, a search warrant return stated.
In amended returns, an officer also listed a set of bank records from 2005 to 2007, along with bank statements, deposits and checks for two unnamed individuals.
A receipt indicated Schend rented the unit on May 5. He was arrested in Appleton six days later.
Full Article and Source:
Arizona Police Assist in Schend Investigation
A search warrant returned to the Outagamie County Clerk of Courts this month showed police in Mesa, Ariz., searched a storage unit rented by Schend and returned several items to Appleton investigators.
During a May indigency hearing, Schend said the storage unit he rented in Arizona contained clothing.
Items sent to Appleton included a computer, an iPad tablet and six compact discs, a search warrant return stated.
In amended returns, an officer also listed a set of bank records from 2005 to 2007, along with bank statements, deposits and checks for two unnamed individuals.
A receipt indicated Schend rented the unit on May 5. He was arrested in Appleton six days later.
Full Article and Source:
Arizona Police Assist in Schend Investigation
Thursday, August 4, 2011
An Essay: REFUSE COURT EXAMINATION ORDER
FREEDOM FROM INTERFERENCE
A judicial hearing to determine the capacity of a person to live free from the influence of others is an adversarial process. One method to determine the incapacity of another begins with a formal petition by a plaintiff to a court of proper jurisdiction. The alleged incapacitated person, the defendant, may have no idea that a plaintiff contemplated such a petition. He or she may have no reason to believe that their personal life is in need of outside control, have not caused the plaintiff any loss, and may not be a threat to their person or a threat to others, or worthy of confinement. In some cases a plaintiff’s motivation is for personal profit; simply to acquire the assets of the alleged incapacitated person for the plaintiff’s personal gain. Similarly, personal profit can motivate others to associate with the plaintiff to help realize success.
● Imminent danger to the alleged incapacitated person, who is criminally and civilly innocent, begins with a court ordered per-trial examination by an examining committee.
Court ordered examinations, and examining committee members, are controlled by statute.
If indicated, the committee’s examination must be comprehensive and include:
1. A physical examination;
2. A mental health examination;
3. A functional assessment;
4. A diagnosis, prognosis, and recommended course of treatment.
Court ordered comprehensive examinations of such innocent persons’ minds and bodies may be unlawful.
Complete Essay and Source:
Freedom From Interference
About the Author of "Freedom from Interference", "Marked for Destruction", and the proposed "Adele/Chris Act":
John Caravella is a retired police officer. Since his retirement, he volunteers his investigative skills to help others. “That is how Adele came into my life,” Caravella said. "I learned that she was 'imprisoned' and had to be freed. Through this book, Adele’s voice exposes the deceptive schemes used to keep her quiet."
A crime perpetrated by her Professional LegalGuardian, arranged by an Attorney.
Locked away in an Assisted Living Facility against her will.
Her Diary-based account of Elder Financial Abuse, Estate Bashing,and Fraud.
Learn how Adele's neighbors rescued her.
See:Marked for Destruction
A gift from Adele's Neighbors:
Read Marked for Destruction FREE online!
Read proposed legislation submitted to the House Subcommittee on Crime, Terrorism and Homeland Security at their request for a "Model Law" to combat abusive guardianships.
A judicial hearing to determine the capacity of a person to live free from the influence of others is an adversarial process. One method to determine the incapacity of another begins with a formal petition by a plaintiff to a court of proper jurisdiction. The alleged incapacitated person, the defendant, may have no idea that a plaintiff contemplated such a petition. He or she may have no reason to believe that their personal life is in need of outside control, have not caused the plaintiff any loss, and may not be a threat to their person or a threat to others, or worthy of confinement. In some cases a plaintiff’s motivation is for personal profit; simply to acquire the assets of the alleged incapacitated person for the plaintiff’s personal gain. Similarly, personal profit can motivate others to associate with the plaintiff to help realize success.
● Imminent danger to the alleged incapacitated person, who is criminally and civilly innocent, begins with a court ordered per-trial examination by an examining committee.
Court ordered examinations, and examining committee members, are controlled by statute.
If indicated, the committee’s examination must be comprehensive and include:
1. A physical examination;
2. A mental health examination;
3. A functional assessment;
4. A diagnosis, prognosis, and recommended course of treatment.
Court ordered comprehensive examinations of such innocent persons’ minds and bodies may be unlawful.
Complete Essay and Source:
Freedom From Interference
About the Author of "Freedom from Interference", "Marked for Destruction", and the proposed "Adele/Chris Act":
John Caravella is a retired police officer. Since his retirement, he volunteers his investigative skills to help others. “That is how Adele came into my life,” Caravella said. "I learned that she was 'imprisoned' and had to be freed. Through this book, Adele’s voice exposes the deceptive schemes used to keep her quiet."
A crime perpetrated by her Professional LegalGuardian, arranged by an Attorney.
Locked away in an Assisted Living Facility against her will.
Her Diary-based account of Elder Financial Abuse, Estate Bashing,and Fraud.
Learn how Adele's neighbors rescued her.
See:Marked for Destruction
A gift from Adele's Neighbors:
Read Marked for Destruction FREE online!
Read proposed legislation submitted to the House Subcommittee on Crime, Terrorism and Homeland Security at their request for a "Model Law" to combat abusive guardianships.
Wednesday, August 3, 2011
Atty Ken Ditkowsky's Appearance on 'Cooper's Corner'
Bev Cooper's guest is an attorney who gives great insight into the probate court system.
Source:
YouTube: Elder Abuse Awareness- Ken Ditkowsky, Part 1
YouTube: Elder Abuse Awareness - Ken Ditkowsky, Part 2
YouTube: Elder Abuse Awareness - Ken Ditkowsky, Part 3
YouTube: Elder Abuse Awareness - Ken Ditkowsky, Part 4
See Also:
Northshore "Live" Cooper's Corner Blog
Note: Northshore "Live" Cooper's Corner Host Bev Cooper has dedicated these programs to those who are victims of Cook County Probate Court. Live broadcasts are aired in Highland Park on channel 19 Wednesday at 7:30 PM.
Source:
YouTube: Elder Abuse Awareness- Ken Ditkowsky, Part 1
YouTube: Elder Abuse Awareness - Ken Ditkowsky, Part 2
YouTube: Elder Abuse Awareness - Ken Ditkowsky, Part 3
YouTube: Elder Abuse Awareness - Ken Ditkowsky, Part 4
See Also:
Northshore "Live" Cooper's Corner Blog
Note: Northshore "Live" Cooper's Corner Host Bev Cooper has dedicated these programs to those who are victims of Cook County Probate Court. Live broadcasts are aired in Highland Park on channel 19 Wednesday at 7:30 PM.
Elder Abuse Charges Detailed in Court Records
In an interview at the end of February we learned that Mary Pillow has lived in Pine Mountain since shortly after it was created. She and her husband had come to California, worked in the aerospace industry and then retired to Pine Mountain to enjoy golf and bridge games in the mountains she loves.
Her husband died 30 years ago. Her daughter passed about six years ago. But her neighbors, the Halls, said in the interview in which Mary participated, that they watched over her closely, helping to keep the house and yard in order and cooking her breakfast each day. She lives in her own home. Last spring they hired a caretaker to sleep at the house so she would be secure in the night.
That is when a darker time began, during which they allege Pillow was suddenly isolated from the friends who had cared for her for years. They allege there was an attempt by the caretaker to have Pillow diagnosed as incompetent so that she would lose control of her own assets and finances. The friends also allege they were told they could not visit her anymore.
The Halls and Michelle Neville Throckmorton have compiled files showing what they say is a progressive intrusion into the elder’s financial affairs.
The Mountain Enterprise has acquired documents that show a trust set up with Renee Gettler as trustee and a will which conveys all residual assets of Pillow’s estate to Gettler. Other documents indicate Mary Pillow was taken to Truxtun Psychiatric Medical Group by the caretaker, seeking to question her mental competence. This was not successful.
On May 13, 2011 charges were filed against Renee Gettler in California Superior Court alleging that Gettler (who has also used the name Renee Laudenberg) unlawfully took “money, labor or property belonging to Mary Pillow in an amount not exceeding $400” during 2010. Placing a $400 limit on the charge keeps it a misdemeanor, rather than a felony, according to authorities.
Gettler was arraigned on July 1 for misdemeanor charges under Penal Code section 368(e), Theft from an Elder, according to court records. She is scheduled for a pretrial conference in the court’s South Division in Taft at 10 a.m. on Wednesday, Sept. 7.
Full Article and Source:
Elder Abuse Charges Detailed in Court Records
Her husband died 30 years ago. Her daughter passed about six years ago. But her neighbors, the Halls, said in the interview in which Mary participated, that they watched over her closely, helping to keep the house and yard in order and cooking her breakfast each day. She lives in her own home. Last spring they hired a caretaker to sleep at the house so she would be secure in the night.
That is when a darker time began, during which they allege Pillow was suddenly isolated from the friends who had cared for her for years. They allege there was an attempt by the caretaker to have Pillow diagnosed as incompetent so that she would lose control of her own assets and finances. The friends also allege they were told they could not visit her anymore.
The Halls and Michelle Neville Throckmorton have compiled files showing what they say is a progressive intrusion into the elder’s financial affairs.
The Mountain Enterprise has acquired documents that show a trust set up with Renee Gettler as trustee and a will which conveys all residual assets of Pillow’s estate to Gettler. Other documents indicate Mary Pillow was taken to Truxtun Psychiatric Medical Group by the caretaker, seeking to question her mental competence. This was not successful.
On May 13, 2011 charges were filed against Renee Gettler in California Superior Court alleging that Gettler (who has also used the name Renee Laudenberg) unlawfully took “money, labor or property belonging to Mary Pillow in an amount not exceeding $400” during 2010. Placing a $400 limit on the charge keeps it a misdemeanor, rather than a felony, according to authorities.
Gettler was arraigned on July 1 for misdemeanor charges under Penal Code section 368(e), Theft from an Elder, according to court records. She is scheduled for a pretrial conference in the court’s South Division in Taft at 10 a.m. on Wednesday, Sept. 7.
Full Article and Source:
Elder Abuse Charges Detailed in Court Records
MI Woman Accused of Embezzlment Going to Trial
A Livingston County woman has been bound over for trial in connection with the embezzlement of money from a local social service agency.
38-year-old Laura Lynn Turner waived her preliminary exam last week to four felony charges of embezzling between one and twenty thousand dollars from the Oakland Livingston Human Services Agency, where she formerly worked as head of the guardianship program, which oversaw clients through the Probate Court.
Turner has since been fired by OLHSA and the program closed down. It’s alleged she stole at least $32,000.
Full Article and Source:
Woman Heads to Trial in Alleged OLHSA Embezzlement
38-year-old Laura Lynn Turner waived her preliminary exam last week to four felony charges of embezzling between one and twenty thousand dollars from the Oakland Livingston Human Services Agency, where she formerly worked as head of the guardianship program, which oversaw clients through the Probate Court.
Turner has since been fired by OLHSA and the program closed down. It’s alleged she stole at least $32,000.
Full Article and Source:
Woman Heads to Trial in Alleged OLHSA Embezzlement
Tuesday, August 2, 2011
Arizona Attorney Exonerated After Arrest
In our sixth story in our investigative series, ‘Disney grandson at forefront of reform', we reported how one of the attorneys on the case was arrested by the judge.
This week an appeals court has exonerated him.
The Arrest
In November 2010, Joel Sannes found himself at the center of a probate court controversy.
A judge ordered Sannes arrested for contempt of court because Sannes refused to answer a judge's questions.
Sannes claimed that information fell under the attorney-client privilege.
So, a sheriff's deputy handcuffed Sannes and took him to a holding cell.
“I've never been subject to any proceeding like this before. It was highly unusual,” Sannes said.
Exonerated
Judge Peter Swann agreed. In his appeals order, Swann wrote that “the trial court’s actions constituted a clear abuse of discretion…”
This cleared Sannes of all contempt charges and sanctions or fines against him.
The order does not address any actions against the trial judge who ordered the arrest.
Critics worry it may happen again.
The following is a short synopsis and the conclusion taken from Judge Peter Swann’s opinion:
In this guardianship proceeding, an expert witness complained to the court about the burden posed by a subpoena for records. Within days, the court sua sponte set a show-cause hearing concerning possible sanctions. Before the hearing, the court announced its view that the subpoena represented an abuse of the discovery process and had been served as a means of harassing the witness. At the show-cause hearing, the court issued an order of confinement that resulted in a lawyer being handcuffed in open court when he declined to answer questions under oath that would have invaded the attorney-client privilege pursuant to a common interest agreement. Several attorneys subject to the ensuing sanctions order now seek special action relief. We conclude that the trial court’s actions constituted a clear abuse of discretion, and we therefore accept jurisdiction and grant relief.
CONCLUSION
To be sure, there are times when an attorney may behave in a contumacious manner, flout a court order without cause or so denigrate the integrity of the court that immediate and drastic sanctions, including contempt, may be required. But when, as here, attorneys respectfully assert a legal position with which the court disagrees, the notion that they can properly be handcuffed in the courtroom undercuts the rules of procedure and ethos of the courts of this state. No attorney should fear that the assertion of privilege will result in the deprivation of his or her liberty until the full measure of due process has been afforded. The conduct of the court in this case represented a clear abuse of discretion,and we therefore grant relief and vacate the contempt finding against Sannes and all sanctions entered against the Attorneys.
Source:
Attorney at Probate Court Exonerated After Arrest
See Also:
Read the Ruling in its Entirety
Judge in Disney Case Orders Arrest of Lawyer at a Hearing
AZ Judge Donahoe Resigns After Getting Caught in Fib
This week an appeals court has exonerated him.
The Arrest
In November 2010, Joel Sannes found himself at the center of a probate court controversy.
A judge ordered Sannes arrested for contempt of court because Sannes refused to answer a judge's questions.
Sannes claimed that information fell under the attorney-client privilege.
So, a sheriff's deputy handcuffed Sannes and took him to a holding cell.
“I've never been subject to any proceeding like this before. It was highly unusual,” Sannes said.
Exonerated
Judge Peter Swann agreed. In his appeals order, Swann wrote that “the trial court’s actions constituted a clear abuse of discretion…”
This cleared Sannes of all contempt charges and sanctions or fines against him.
The order does not address any actions against the trial judge who ordered the arrest.
Critics worry it may happen again.
The following is a short synopsis and the conclusion taken from Judge Peter Swann’s opinion:
In this guardianship proceeding, an expert witness complained to the court about the burden posed by a subpoena for records. Within days, the court sua sponte set a show-cause hearing concerning possible sanctions. Before the hearing, the court announced its view that the subpoena represented an abuse of the discovery process and had been served as a means of harassing the witness. At the show-cause hearing, the court issued an order of confinement that resulted in a lawyer being handcuffed in open court when he declined to answer questions under oath that would have invaded the attorney-client privilege pursuant to a common interest agreement. Several attorneys subject to the ensuing sanctions order now seek special action relief. We conclude that the trial court’s actions constituted a clear abuse of discretion, and we therefore accept jurisdiction and grant relief.
CONCLUSION
To be sure, there are times when an attorney may behave in a contumacious manner, flout a court order without cause or so denigrate the integrity of the court that immediate and drastic sanctions, including contempt, may be required. But when, as here, attorneys respectfully assert a legal position with which the court disagrees, the notion that they can properly be handcuffed in the courtroom undercuts the rules of procedure and ethos of the courts of this state. No attorney should fear that the assertion of privilege will result in the deprivation of his or her liberty until the full measure of due process has been afforded. The conduct of the court in this case represented a clear abuse of discretion,and we therefore grant relief and vacate the contempt finding against Sannes and all sanctions entered against the Attorneys.
Source:
Attorney at Probate Court Exonerated After Arrest
See Also:
Read the Ruling in its Entirety
Judge in Disney Case Orders Arrest of Lawyer at a Hearing
AZ Judge Donahoe Resigns After Getting Caught in Fib
Reporter Jeff Prince Wins Award for Series on Guardianship
“Blown away” is a pretty good description of how Static’s colleagues at Fort Worth Weekly feel about the rag’s showing in a couple of recent journalism contests, one statewide, one national.
In the statewide Lone Star Awards competition sponsored by the Houston Press Club, the Weekly ruled the “newspapers under 100,000 circulation” division, bringing home five first places, including Print Journalist of the Year for staffer Jeff Prince.
Note: In the politics/government category, Jeff Prince won a second place for his look at the guardianship system.
Full Article and Source:
Gloat? Us?
See Also:
Saving Katia
In Whose Best Interest?
Rethinking Guardianship
Guardianship Probate Courts Get More Scrutiny
In the statewide Lone Star Awards competition sponsored by the Houston Press Club, the Weekly ruled the “newspapers under 100,000 circulation” division, bringing home five first places, including Print Journalist of the Year for staffer Jeff Prince.
Note: In the politics/government category, Jeff Prince won a second place for his look at the guardianship system.
Full Article and Source:
Gloat? Us?
See Also:
Saving Katia
In Whose Best Interest?
Rethinking Guardianship
Guardianship Probate Courts Get More Scrutiny
CT Woman Charged for Violating Court Order by Taking Mother to Florida
A Stratford woman was formally charged with first-degree custodial interference for taking her 81-year-old mother from Milford to Florida in violation of a probate court order, police said.
Jeryl Gray, 56, was arraigned Friday in Milford Superior Court and held on $75,000 bond. She had been picked up on a Milford police-issued warrant in Florida on July 20. Her mother, Dolores, who was missing for more than three weeks, was found safe with her daughter. Milford police had issued a Silver Alert for Dolores.
Dolores Gray was taken into protective custody by Florida officials and transported back to Connecticut by her family.
[Jeryl] Gray has been involved in a lengthy dispute with her two brothers over the care and custody of her mother, who suffers from dementia, police said.
In December, the Milford/Orange Probate Court issued an order that Dolores Gray not be taken from the state of Connecticut and granted conservatorship to Dolores' son, who lives in Milford.
Police said that after a court-authorized visitation on July 3, Gray took her mother to West Palm Beach, Fla.
In a May hearing, Dolores Gray told the judge she is "tired of all the family stuff," and would like to stay in contact with all three of her children, as well as her only grandchild, who lives in Milford.
"This wouldn't be happening if their father was alive," Dolores Gray said, according to a Probate Court transcript. "I'm retired and I'd like to go back and forth between Milford and Florida, but I'm fed up with all this fighting going on."
Full Article and Source:
Stratford Woman Formally Charged for Violating Court Order by Taking Mother to Florida
Jeryl Gray, 56, was arraigned Friday in Milford Superior Court and held on $75,000 bond. She had been picked up on a Milford police-issued warrant in Florida on July 20. Her mother, Dolores, who was missing for more than three weeks, was found safe with her daughter. Milford police had issued a Silver Alert for Dolores.
Dolores Gray was taken into protective custody by Florida officials and transported back to Connecticut by her family.
[Jeryl] Gray has been involved in a lengthy dispute with her two brothers over the care and custody of her mother, who suffers from dementia, police said.
In December, the Milford/Orange Probate Court issued an order that Dolores Gray not be taken from the state of Connecticut and granted conservatorship to Dolores' son, who lives in Milford.
Police said that after a court-authorized visitation on July 3, Gray took her mother to West Palm Beach, Fla.
In a May hearing, Dolores Gray told the judge she is "tired of all the family stuff," and would like to stay in contact with all three of her children, as well as her only grandchild, who lives in Milford.
"This wouldn't be happening if their father was alive," Dolores Gray said, according to a Probate Court transcript. "I'm retired and I'd like to go back and forth between Milford and Florida, but I'm fed up with all this fighting going on."
Full Article and Source:
Stratford Woman Formally Charged for Violating Court Order by Taking Mother to Florida
Monday, August 1, 2011
Frustration - Update on the Mary Sykes Case
In the 1600's, Lord Mansfield pointed out that society had a duty to protect those people who could not protect themselves. He singled out for protection children and those who were infirm. In approximately 1927 or thereabouts, Mr. Justice Oliver Wendel Holmes wrote in the case of Buck vs. Bell that "three generations imbeciles is enough" Indeed, our society has apparently taken those words to 'heart!' Reading NASGA and Probate Sharks web pages it is clear that in an effort to not create a hostile work environment for the lawyers, Judges, and guardians appointed by the Court, we have not only removed the ten commandments from the Courthouse but removed common sense and respect for the elderly.
In re: the Estate of Mary Sykes, pending in the Circuit Court of Cook County, is a magnet for miscreant conduct. In December 2010, Mary was taken to the hospital. Hospital personnel noticed that she had lost Ten Percent of her body weight. Had any inquiry been done as to this serious situation, the Elder Abuse mandatory reporters would have discovered that the plenary guardian admitted that Ms. Sykes had suffered from a swallowing disorder and was denied treatment until the extreme weight loss occurred.
As happens all together too often, there apparently was no report to the Illinois Department of Aging by the Hospital. The two guardians ad litem - who are now famous for their advocacy for the interests of the plenary guardian - also failed to report the clear neglect of Mary! In fact one of the guardians was quick to deny the admission made by the plenary guardian. Naturally, neither of the two GALs reported the admitted neglect to either the Court or the Illinois Department of Aging.
Reports by family members and friends to the Naperville Police Department, the Illinois Department of Aging, the Illinois State Police etc. resulted in absolutely no action! Even calling attention to the fact Mary had sought a 'protective order' against the plenary guardian before the plenary guardian was appointed Mary's guardian was met with a yawn!
It is unfair to say that nothing happened - something did! It is reported that Mary's youngest daughter and most active advocate was 'chained' to a chair in the Courtroom, forced to disclose where her money was, and the Court reached across the Indiana border to freeze her funds. This attempt to silence the younger daughter was unsuccessful, but has slowed down her ability to irritate the status quo and the guardians ad litem. Mary's isolation continues. Indeed, Mary's younger sibling (age 82) was denied unlimited visitation with her sister. The GAL disclosed that Mary's sibling is not fond of the abuser of her sister. [Apparently he thought that a condition precedent for one sister to visit unfettered with another was love for the abuser!] Thus, the younger sister was given restrictive (supervised) visitation after not seeing Mary for about 18 months!
It is now six months since Mary almost lost her life due to the alleged admitted neglect of the plenary guardian, yet Mary remains in the care of the plenary guardian without there ever being a hearing on Mary's sworn petition for a protective order. Mary is still isolated and both Guardian ad litem are diligently active to keep the status quo - i.e. Mary is being isolated and kept from her activities, her friends and her family. We all know how dangerous an 82 year old sibling can be!
Unfortunately, the GAO report and websites have disclosed the frustration that every victim and their family members must endure. How can this happen in America? The reality is that it has happened and we apparently are mollified by the lip service of the political elite and the meaningless words that they utter about concern for the elderly!
Yes, there are excellent and well meaning court appointed guardians and people working diligently to make life a little easier for the disabled and their family and friends, but by tradition we focus only on the miscreants whose avarice is so common. By necessity we focus on Mary Sykes and victims like her!
That said, the Sykes case is so obscene that it cries out for Justice; however, Justice, fairness, and appropriateness are absent as the Sykes family endures one outrage after another and each occurs unabated. Consider: What possible excuse can be rationalized to prevent a 92 year old person from freely visiting with her 82 year old sister! What possible danger can the 82 year old be to her 92 year old sister? Aunt Yo Bakken was indeed subjected to restricted visitation with 92 year old Mary Sykes! She had to go before a judge to obtain access to Mary Sykes. The restricted visitation granted to 82 year old Aunt Yo is a travesty and mocks the foundations of the justice system! It informs everyone that form trumps substance and *****.
Shame on you, and shame on me! We totally lost our sense of decency! We allowed this outrage to happen not only to Mary Sykes but to hundreds of other senior citizens while we mouth our concern for seniors, their health care and social security. We like the political elite could not care less! What good are few pennies of social security to seniors who are held hostage by a plenary guardian such as Mary Sykes has looking after her? What good is health care when it is denied until a senior loses 10 per cent of her body weight and suffers for days with a swallowing disorder! What good is our concern if we allow a senior to be isolated from her family, her friends and activities! Why do we have criminal code, and/or give any lip service to being compassionate concerning the elderly when we act in such a blatantly knowingly wrong manner?
Indeed the ten commandments, the Torah, the Bible or whatever we choose to call the words of the deity truly do not belong in our homes, our courts or our lives as when we let the Sykes style outrage continue month to month and year to year ***** Next time one of your elected representatives mouths off about how he is against cuts in Social Security or some other entitlement for the seniors - ask him/her why? Unless the political elite are concerned about senior civil rights, due process, and equal protection of the law all that health care, social security and the other entitlements are bribes that ultimately will unjustly enrich those who make their living exploiting the Mary Sykes' of this world. Worse yet - by supporting or buying into the lies of these hypocrites we are just as guilty as the miscreants. Democracy is not a spectator sport!
Ken Ditkowsky
www.ditkowskylawoffice.com
In re: the Estate of Mary Sykes, pending in the Circuit Court of Cook County, is a magnet for miscreant conduct. In December 2010, Mary was taken to the hospital. Hospital personnel noticed that she had lost Ten Percent of her body weight. Had any inquiry been done as to this serious situation, the Elder Abuse mandatory reporters would have discovered that the plenary guardian admitted that Ms. Sykes had suffered from a swallowing disorder and was denied treatment until the extreme weight loss occurred.
As happens all together too often, there apparently was no report to the Illinois Department of Aging by the Hospital. The two guardians ad litem - who are now famous for their advocacy for the interests of the plenary guardian - also failed to report the clear neglect of Mary! In fact one of the guardians was quick to deny the admission made by the plenary guardian. Naturally, neither of the two GALs reported the admitted neglect to either the Court or the Illinois Department of Aging.
Reports by family members and friends to the Naperville Police Department, the Illinois Department of Aging, the Illinois State Police etc. resulted in absolutely no action! Even calling attention to the fact Mary had sought a 'protective order' against the plenary guardian before the plenary guardian was appointed Mary's guardian was met with a yawn!
It is unfair to say that nothing happened - something did! It is reported that Mary's youngest daughter and most active advocate was 'chained' to a chair in the Courtroom, forced to disclose where her money was, and the Court reached across the Indiana border to freeze her funds. This attempt to silence the younger daughter was unsuccessful, but has slowed down her ability to irritate the status quo and the guardians ad litem. Mary's isolation continues. Indeed, Mary's younger sibling (age 82) was denied unlimited visitation with her sister. The GAL disclosed that Mary's sibling is not fond of the abuser of her sister. [Apparently he thought that a condition precedent for one sister to visit unfettered with another was love for the abuser!] Thus, the younger sister was given restrictive (supervised) visitation after not seeing Mary for about 18 months!
It is now six months since Mary almost lost her life due to the alleged admitted neglect of the plenary guardian, yet Mary remains in the care of the plenary guardian without there ever being a hearing on Mary's sworn petition for a protective order. Mary is still isolated and both Guardian ad litem are diligently active to keep the status quo - i.e. Mary is being isolated and kept from her activities, her friends and her family. We all know how dangerous an 82 year old sibling can be!
Unfortunately, the GAO report and websites have disclosed the frustration that every victim and their family members must endure. How can this happen in America? The reality is that it has happened and we apparently are mollified by the lip service of the political elite and the meaningless words that they utter about concern for the elderly!
Yes, there are excellent and well meaning court appointed guardians and people working diligently to make life a little easier for the disabled and their family and friends, but by tradition we focus only on the miscreants whose avarice is so common. By necessity we focus on Mary Sykes and victims like her!
That said, the Sykes case is so obscene that it cries out for Justice; however, Justice, fairness, and appropriateness are absent as the Sykes family endures one outrage after another and each occurs unabated. Consider: What possible excuse can be rationalized to prevent a 92 year old person from freely visiting with her 82 year old sister! What possible danger can the 82 year old be to her 92 year old sister? Aunt Yo Bakken was indeed subjected to restricted visitation with 92 year old Mary Sykes! She had to go before a judge to obtain access to Mary Sykes. The restricted visitation granted to 82 year old Aunt Yo is a travesty and mocks the foundations of the justice system! It informs everyone that form trumps substance and *****.
Shame on you, and shame on me! We totally lost our sense of decency! We allowed this outrage to happen not only to Mary Sykes but to hundreds of other senior citizens while we mouth our concern for seniors, their health care and social security. We like the political elite could not care less! What good are few pennies of social security to seniors who are held hostage by a plenary guardian such as Mary Sykes has looking after her? What good is health care when it is denied until a senior loses 10 per cent of her body weight and suffers for days with a swallowing disorder! What good is our concern if we allow a senior to be isolated from her family, her friends and activities! Why do we have criminal code, and/or give any lip service to being compassionate concerning the elderly when we act in such a blatantly knowingly wrong manner?
Indeed the ten commandments, the Torah, the Bible or whatever we choose to call the words of the deity truly do not belong in our homes, our courts or our lives as when we let the Sykes style outrage continue month to month and year to year ***** Next time one of your elected representatives mouths off about how he is against cuts in Social Security or some other entitlement for the seniors - ask him/her why? Unless the political elite are concerned about senior civil rights, due process, and equal protection of the law all that health care, social security and the other entitlements are bribes that ultimately will unjustly enrich those who make their living exploiting the Mary Sykes' of this world. Worse yet - by supporting or buying into the lies of these hypocrites we are just as guilty as the miscreants. Democracy is not a spectator sport!
Ken Ditkowsky
www.ditkowskylawoffice.com
OK County Judge Facing New Accusations
An Oklahoma County judge is facing new accusations of wrongdoing in an adoption fraud case.
Prosecutors filed five more felony counts against District Judge Tammy Bass-LeSure. Her attorney, Richard Anderson, said afterward, “This is a political witch hunt.”
The judge was charged in January with 30 counts of making a fraudulent claim against the state and two counts of perjury.
Prosecutors Tuesday added two counts of conspiracy, two counts of obtaining assistance by false representation and one count of falsifying records.
“From our research of the law and what we know of the facts, Judge Tammy Bass-LeSure has committed absolutely no crime,” her attorney said.
Anderson also said state child-welfare workers are working with prosecutors “to change the truth” in the case.
Full Article and Source:
Oklahoma County District Judge Tammy Bass-LeSure Facing New Counts in Adoption Fraud Case
See Also:
Judge Accused of Fraud Returns to Work
Prosecutors filed five more felony counts against District Judge Tammy Bass-LeSure. Her attorney, Richard Anderson, said afterward, “This is a political witch hunt.”
The judge was charged in January with 30 counts of making a fraudulent claim against the state and two counts of perjury.
Prosecutors Tuesday added two counts of conspiracy, two counts of obtaining assistance by false representation and one count of falsifying records.
“From our research of the law and what we know of the facts, Judge Tammy Bass-LeSure has committed absolutely no crime,” her attorney said.
Anderson also said state child-welfare workers are working with prosecutors “to change the truth” in the case.
Full Article and Source:
Oklahoma County District Judge Tammy Bass-LeSure Facing New Counts in Adoption Fraud Case
See Also:
Judge Accused of Fraud Returns to Work
Sunday, July 31, 2011
Portion of Missing Funds in Jeffrey Schend Case Found
Attorneys say some of a woman's money that was believed stolen by former guardian Jeffrey Schend has been located in her trust account.
Outagamie County Assistant Dist. Atty. Kyle Sargent didn't say Tuesday how much money investigators found, although court records suggest it was no more than about $20,000. Still, Sargent said the finding could affect the charges filed against Schend, who faces six felony counts and one misdemeanor count of theft.
"If they found the money, those charges are going to be dismissed or (reduced) depending on how much those amounts are," Sargent said.
Schend, 44, pleaded not guilty Tuesday, and Reserve Judge Larry Jeske scheduled a jury trial for Sept. 12.
Full Article and Source:
Portion of Missing Funds in Jeffrey Schend Case Found
Outagamie County Assistant Dist. Atty. Kyle Sargent didn't say Tuesday how much money investigators found, although court records suggest it was no more than about $20,000. Still, Sargent said the finding could affect the charges filed against Schend, who faces six felony counts and one misdemeanor count of theft.
"If they found the money, those charges are going to be dismissed or (reduced) depending on how much those amounts are," Sargent said.
Schend, 44, pleaded not guilty Tuesday, and Reserve Judge Larry Jeske scheduled a jury trial for Sept. 12.
Full Article and Source:
Portion of Missing Funds in Jeffrey Schend Case Found
Former Guardian Jeffrey Schend Trial Date Set
A former Appleton guardian accused of stealing hundreds of thousands of dollars from his elderly and disabled clients will go on trial in September.
Jeffrey M. Schend, 44, pleaded not guilty to seven counts of theft, six of them felonies, during an arraignment hearing today in Outagamie County Court. Reserve Judge Larry Jeske scheduled the trial to start Sept. 12.
Schend, who operated a corporate guardianship business, is accused of stealing about $500,000. As a guardian, Schend was appointed by county judges to handle finances for those deemed incompetent to manage their own affairs.
Assistant Dist. Atty. Kyle Sargent said the case would take a week to present.
Outagamie County appointed an attorney to look into the finances of Schend’s clients after receiving complaints last fall that the business, JMS Guardianship Services, wasn’t paying clients’ bills.
Attorney Douglas Hahn found tens of thousands of dollars in transactions from accounts managed by Schend weren’t properly documented. Schend wasn’t able to show police where the money went, records say.
Prosecutors charged Schend in May with six felony counts of theft and one misdemeanor theft charge.
One of his clients is missing nearly $168,000 from a trust fund that closed last year.
Full Article and Source:
Former Appleton Guardian Jeffrey SChend Headed to Trial September 12 on Theft Charges
Jeffrey M. Schend, 44, pleaded not guilty to seven counts of theft, six of them felonies, during an arraignment hearing today in Outagamie County Court. Reserve Judge Larry Jeske scheduled the trial to start Sept. 12.
Schend, who operated a corporate guardianship business, is accused of stealing about $500,000. As a guardian, Schend was appointed by county judges to handle finances for those deemed incompetent to manage their own affairs.
Assistant Dist. Atty. Kyle Sargent said the case would take a week to present.
Outagamie County appointed an attorney to look into the finances of Schend’s clients after receiving complaints last fall that the business, JMS Guardianship Services, wasn’t paying clients’ bills.
Attorney Douglas Hahn found tens of thousands of dollars in transactions from accounts managed by Schend weren’t properly documented. Schend wasn’t able to show police where the money went, records say.
Prosecutors charged Schend in May with six felony counts of theft and one misdemeanor theft charge.
One of his clients is missing nearly $168,000 from a trust fund that closed last year.
Full Article and Source:
Former Appleton Guardian Jeffrey SChend Headed to Trial September 12 on Theft Charges
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