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| Laura Martinez, 54, center and her adult
children, Joe Martinez Thrash, 27, left, and Brittany Martinez Thrash,
25, right, listen to their attorney, Phil Ross outside the Bexar County
73rd District Court, Tuesday during a break in an adoption hearing,
March 19, 2019. Martinez’ March 4th marriage to Charlie Thrash, 81, was
annulled in court Photo: Jerry Lara / Staff photographer |
by John MacCormack, San Antonio Express-News
After a quick court hearing Tuesday, Joe and Brittany Thrash became Joe and Brittany Martinez again.
After a quick court hearing Tuesday, Joe and Brittany Thrash became Joe and Brittany Martinez again.
The
reversal came two weeks after they were adopted by Charlie Thrash, 81, a
wealthy San Antonio man who in 2017 was found to be mentally
incapacitated.
Joe, 27, and Brittany, 25, are the children of Thrash’s girlfriend Laura Martinez, who married him on March 4.
That
short-lived union was annulled last week in Bexar Probate Court, where
Thrash is under the protection of court-appointed guardians.
Because
of his incapacity, Thrash has been under standing court orders to not
marry, vote, drive a car or make any important personal decisions,
including, apparently adoptions.
On
Tuesday, State District Judge David Canales nullified the adoptions
that he had approved a week earlier. It came at the request of Thrash’s
guardians, who claimed that the adoptions were “a fraud on the court.”
The
judge scolded lawyer Phil Ross, who represents Laura Martinez, and was
involved in the adoptions, for misleading him and not alerting him to
Thrash’s legal status.
“It sounds like a lot of information that would have been helpful to me was not presented,” Canales said.
Barrett
Shipp, the lawyer for Thrash’s guardian Mary Werner, said these
omissions “completely robbed this court of being able to enter a proper
order.”
Ross
objected to the motion to void the adoptions even being heard, claiming
that Canales lacked jurisdiction and that Thrash should have been
present Tuesday at the hearing.
Ross said Thrash had the right to adopt the two Martinez children, despite the standing order from probate court.
Canales saw it otherwise and restored the siblings to their former status.
“The
adoptions have been set aside. It starts all over again,” said Laura
Cavaretta, a lawyer for Tonya Barina, guardian of Thrash’s estate, worth
more than $3 million.
Tharsh, who operated a specialty auto repair shop on West Avenue for decades, has not been seen publicly in two weeks.
On
March 6, Werner arrived at his home in Shavano Park with police
officers and took him away. She said Thrash is now staying with a
relative and doing well.
Laura Martinez, 54, who said she is the sole beneficiary of Thrash’s will, said she loves him and wants him back.
“I
have a lot of faith. I have many religious people contacting me and
they are not happy about the annulment and the questions about the
adoptions,” she said. “The kids love him, that’s why they want to be
adopted by him.”
Martinez has denied mistreating or financially exploiting Thrash, whom she says she began dating in August 2012.
Thrash had been married and divorced twice, and did not have children of his own.
A report by a court-appointed investigator, as well
as statements by adult protective services officials, painted Thrash as
being controlled and manipulated by Martinez and her family.
According
to Elaine Damian, investigator for Bexar Probate Court No. 1, Thrash
did not want to get married and gets along well with his guardians. She
also concluded that Thrash was vulnerable to suggestion and
intimidation, and stated the guardianships are necessary.
In
a lengthy rebuttal to the court investigator’s report, Ross took issue
with claims he was being controlled and isolated, and attacked the
guardian’s conduct as interfering unnecessarily with Thrash’s personal
and business affairs.
“Damian’s
report is inadequate, biased and unreliable because it fails to report
investigation of important facts including hostile and malicious actions
of Barina, guardian of estate, and Werner, guardian of the person,”
Ross asserted, going on to list numerous alleged hostile acts.
Among
them, according to Ross, was Barina’s closing of Thrash’s bank
accounts, locking him out of his business, failing to arrange for his
financial support and ignoring medical claims that his mental capacity
has been restored.
He
accused Werner, Thash’s personal guardian, of “conspiring with Shavano
Park Police Department … on the pretext of a welfare check to abduct
Charlie from his home against this will on March 4, 2019, and
facilitating his false imprisonment.”
Full Article & Source:
Judge nullifies mentally incompetent San Antonio man’s adult adoptions, scolds lawyer for misleading him
1 comment:
Horrible story! It appears Mr. Thrash was a sitting duck for this abuse. Now, he's a sitting duck for the guardianship to do even worse to him.
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