A woman was sentenced to two years in
prison, plus five years’ post-prison supervision, for what the
prosecution described as depleting her mother’s account “into oblivion,”
leaving her unable to pay her debts.
Barbara
Osterud was accused of financially exploiting her mother, Mary K Child.
Between 2009 and 2012, she received $3 million from her mother.
During
sentencing, the defense argued that this money was given freely by
Child, who is now 89. The prosecution said Osterud isolated her mother
from people who would have realized what was going on and that she
unduly influenced Child to give her the money.
In
January 2015, Osterud was charged with eight counts of first-degree
aggravated theft and eight counts of criminal mistreatment, commonly
referred to as elder abuse.
In October, Osterud
agreed to stipulated facts at a trial before Judge Courtland Geyer. She
was convicted of five counts of aggravated theft and two counts of
criminal mistreatment. The sentencing hearing took place Thursday and
Nov. 2, 2015.
Throughout the investigation, and at least twice
before the court, Child said that she herself decided to give the money
to Osterud.
“I did it because I wanted to,” Child said. “She did not ask me for anything. She’s a wonderful daughter.”
Child painted herself as a victim of the court’s actions in both this criminal case and a civil case related to the matter.
“I
think it’s very cruel I cannot have contact with (Osterud),” Child
said. “I have done nothing to deserve the kind of treatment this court
has given me.”
Prosecutor Douglas Prince described
what happened to Child as a con, wherein the victim never knows she’s
been conned. She gave up the money because she believed she wanted to.
The act of influencing Child to get her to that point is part of the
crime, he said.
Rene Sutton, Child’s older daughter, received $250,000
during the same period Osterud received $3 million. Sutton was also
written out of a will when previous versions had the sisters equally
splitting the inheritance.
Prince denied that Sutton was providing motivation behind the case.
“We are not here because of a document disinheriting Rene Sutton,” Prince said.
Judge Thomas Hart said cases involving siblings
fighting over mom and dad’s money are some of the hardest he hears.
Siblings have had a hard time since Cain and Abel, he said.
Osterud said her sister has embarked on a “campaign of hate” against her.
“I’ve been forced to accept my sister has become a cold, heartless liar,” Sutton said.
Multnomah
County Sheriff’s Office Detective Jay Pentheny’s criminal investigation
began in August 2012, when he received a referral from a senior fraud
investigator at Wells Fargo. Since Child lives in Aurora, the case was
transferred from Multnomah County to Marion County. Pentheny is part of
an unit that investigates elder abuse allegations throughout the state.
The
civil case began independent of the criminal case. In January 2013,
Judge Dennis Graves appointed lawyer Robert Dorszynski as a conservator
of her trust. The civil case has been settled. Osterud and her husband
are required to repay $3 million. They have since declared bankruptcy.
During
her statement before the court, Osterud did not admit to doing anything
criminal. She denied blocking Sutton’s access to her mother, isolating
her, inflicting emotional or physical abuse, and trying to steal from
her.
“I was wrong to accept the generosity of my mother,” she said.
She
said she agreed to stipulated facts because was afraid of the toll a
trial would have on her mother and didn’t trust that an untrained jury
would understand the case. She said she thought most juries would be
prejudiced about the amount of money involved.
The
only error she admitted to making was continuing to accept gifts from
her mother although her mother’s lawyer said that needed to stop. She
said she accepted them because her mother is stubborn.
Full Article & Source:
Daughter sentenced in elder-abuse case
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