Affidavits to be filed in exploitation cases

by Samantha McDaniel-Ogletree

A judge has agreed to review witness affidavits regarding the motions to dismiss cases filed by two Jacksonville women facing charges of financial exploitation of an elderly person in lieu of oral testimony regarding the plea deal of a man serving time for murder.

While scheduled for a hearing Thursday to hear arguments on motions to dismiss the charges, special prosecutor Matt Goetten requested that testimony be given through affidavits.

Circuit Judge John M. Madonia agreed to the affidavits but said he may ask for live testimony at a future date.

“If I review the affidavits and am concerned about making a decision, we can prolong this and have a further hearing for testimony,” Madonia said.

His ruling will decide if the cases will move forward to trial or if an alleged plea deal between the state and Robert Gill, who is serving time for murder, prevents charges from being moved forward.

The women are accused of making $39,449 in transactions from the bank account of Norma Notson, who was 88 and in their care at the time.

Their attorneys argue the women cannot be prosecuted, though, because of an oral agreement between a prosecutor and Gill’s husband, Robert Gill — who is Maul’s father. That pact, they contend, was a condition of Robert Gill’s first-degree murder guilty plea in the 2015 shooting death of of Andrew Maul, who was Jewell Maul’s ex-husband.

That agreement between Robert Gill’s attorney, W. Scott Hanken, and then-special prosecutor Ed Parkinson allegedly stipulated there would be no charges against Joyce Gill or Jewell Maul resulting from the investigation into the shooting.

Gill’s attorney Tom Piper said he will submit an affidavit from Hanken but would like a chance to argue the motion to dismiss.

“I will submit an affidavit for the court’s review, but I’d like to reserve the right to an oral argument,” he said.

Madonia agreed.

Originally dismissed by Madonia because he felt it was not justifiable to hold one prosecutor to another’s agreement, Madonia re-admitted the motions in November after it was brought to his attention that, in addition to Goetten, Ed Parkinson was involved in the original filing of the charges against the women.

The attorneys have until Feb. 7 to file their affidavits, during which time Madonia will decide if he can make a ruling on the motions to dismiss based on those or if he will call both Parkinson and Hanken to testify in person. The next hearing is scheduled for 9 a.m. Feb. 28.

Full Article & Source:
Affidavits to be filed in exploitation cases

See Also:
Man who pleaded guilty in deadly shooting now accused with wife, daughter of elderly exploitation

Financial Exploitation Case Will Hear Plea Agreement Testimony