The Honorable Judge Sherrie Miday issued an order on March 5, 2020 stating that the Honorable Lorain County Probate Court Clerk and Judge, James Walther, could face contempt of court sanctions if requested documents are not delivered within seven days. The Honorable James Walther, who acts as both Judge and Clerk of the Lorain County Probate Court, is expected to comply with the subpoena as soon as March 12, 2020. Until then, a ruling in favor of contempt or not is temporarily suspended.
“Failure to comply with this order may result in a finding of contempt and/or sanctions pursuant to Ohio Civ. R 45,” wrote Judge Miday in her order.
The ultimatum arrived on the heels of a March 2, 2020 hearing on a Motion to Show Cause as to why the Lorain County Probate Clerk, the Honorable Judge James Walther, should not be held in contempt for failure to comply with a subpoena that demanded the release of records concerning the health and finances of Mrs. Fourough Saghafi, 85, who was guardianized by the Honorable Judge Walther in 2013.
“Lorain County Probate Court Judge James T. Walther’s Motion to Quash Subpoena Duces Tecum served upon Paula Strickler, the Lorain County Probate Court Investigator, is hereby denied,” wrote Judge Miday in her February 25, 2020 order.
The subpoena in question is part of an overarching lawsuit alleging racketeering in the court-appointed guardianship of Mrs. Saghafi filed last year by Dr. Saghafi under the Ohio Organized Crime Control Act of 1970 (RICO).
Without stating how access to Mrs. Saghafi’s requested records would be detrimental to Mrs. Saghafi, Judge Walther’s attorney Cara Finnegan argued that releasing the requested documentation would not benefit Mrs. Saghafi.
“As such, it is incumbent upon Judge Walther, as the superior guardian of the ward, not to release these confidential records to protect his ward,” Finnegan stated.
Although the Honorable Lorain County Probate Judge Walther is not named as a defendant in Dr. Saghafi’s litigation, the retired general surgeon alleges that spending within his wife’s guardianship has been frivolous and unnecessary and that prior court judgments were obtained from the Honorable Judge Walther improperly and without jurisdiction.
Defendants named in Dr. Saghafi’s lawsuit include a construction company, 7 lawyers, a CPA, probate court officer Zachary Simonoff, Philip Presutto and his wife Jaleh Presutto, who is Mrs. Saghafi’s former guardian.
“Jaleh Presutto was removed as guardian for criminal activity three times and was reappointed by Judge Walther despite pleading guilty to multiple charges of forgery and theft for defrauding the Amherst school system,” Dr. Saghafi’s attorney Charles Longo previously told the Southeast Texas Record.
A professional forensic accounting expert alleges that Defendant Jaleh Presutto received in excess of $375,000 in guardian fees and for home care, Defendant Simonoff, who acts as Mrs. Saghafi’s guardian of the estate, received $194,896.78 in guardian fees while Defendant Philip Presutto received some $256,716.16.
The Saghafi litigation is one among many lawsuits filed nationwide citing various causes of action, such as financial exploitation, sexual abuse, starvation, isolation, cruelty, fraud and neglect of the elderly and people with disabilities who are under court-appointed guardianship. Ideally, the purpose of a guardianship is to help the elderly and infirm manage their lives however in recent years heirs have increasingly alleged foul play.
In Pennsylvania, for example, Mary Bush sued the Honorable Chester County Court of Common Pleas Judge Katherine B.L. Platt on October 15, 2019 over her guardianized elderly mother Genevieve Bush. The daughter is only allowed to see the mother, who resides in a care center, once a month, is required to pay $50 for the visit and a Sheriff must be present, according to a court order signed by the Honorable Judge Platt.
“Defendant Judge Katherine B.L. Platt cannot provide any legitimate reason or grounds for the restraint and detention of Genevieve Bush and Mary Bush,” wrote the Plaintiff Daughter in a pleading.
In her petition for Writ of Habeas Corpus, filed in the Eastern District of Pennsylvania, the daughter alleges she has been targeted and harassed for some ten years by the Honorable Judge Platt after her aging mother was conscripted to be a ward of the State under guardianship.
A Writ of Habeas Corpus is typically reserved for prisoners incarcerated in a penitentiary but Ms. Bush said the goal of her petition for a Writ of Habeas Corpus is not just for the release of her mother but to ensure due process under the US Constitution.
“Defendant [Judge Platt] has been maliciously inciting public hatred towards petitioner that has resulted in physical attacks, injury, further identity thefts, financial destitution and continued irreparable harm,” stated Ms. Bush. “Petitioner can prove that she and her mother have been intentionally targeted by defendant, Judge Katherine B.L. Platt, for cash and property.”
In response to a request for comment, Stacy Witalec, spokesperson for Pennsylvania courts and judges, said no information can be provided.
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Ohio Probate Judge Confronted with Contempt in Elder Guardian Case
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