Saturday, July 20, 2024

Remember That ATL-area Judge Who Allegedly Attacked A Cop? Well, She Insists On Her Innocence and Brought Receipts

By Phenix S Halley 


Former probate judge Christina Peterson is not backing down after she claims she was falsely arrested for assaulting an officer while at a nightclub last month. Peterson was set to appear for a hearing related to the June incident, but according to Fox News, the hearing was canceled and there’s no word of when it will be rescheduled.

Nevertheless, Peterson is maintaining her innocence, and she is using her platform to not only share her truth but also to expose an alleged plot to remove her and several other Black officials in Douglas, County Georgia.

In a recent Instagram post, Peterson shared a clip from her interview with Atlanta rapper Young Joc stating “currently 4 Black electeds have pending felonies with 3 awaiting trial in August 2024, 1 was removed from office, 2 were suspended, and 1 was investigated by special grand jury.”

Peterson went on to write “These are not bad elected officials; these are bad actors in the community who are not happy with the duly elected black leadership.” Apparently, the judge believes there is an ongoing plot to rid her county of Black officials, and this “attack” includes framing her for assaulting a police officer.

Peterson was arrested on June 20 and charged with willful obstruction of law enforcement officers by use of threats or violence and simple battery against a police officer.

According to the original police report obtained by Fox 5, the Douglas County judge allegedly hit an officer on the head early Thursday morning at Red Martini Restaurant and Lounge. The report claimed the judge appeared to be under the influence and refused to identify herself to officials.

Following her release from jail, Peterson called her arrest a “setup” and insisted she was “trying to help a woman who was being attacked by men” when she accidentally hit the officer. Peterson alleges she has “bruises, [a] black eye, [and a] swollen knee” from the incident. Two witnesses have come forward in Peterson’s defense, speaking at a press conference.

Peterson also posted footage which shows a different angle from the night of the alleged incident. In the video, you can see a man and woman get into a physical altercation followed by multiple women trying to break up the fight.

“The idea that a good Samaritan, who was helping a woman that was being viciously attacked [Alexandria Love], could be arrested and the man, who was viciously attacking the woman did not get arrested speaks to other issues that will be addressed at a later time,” Marvin Arrington Jr., the lawyer representing Peterson, said.

Full Article & Source:
Remember That ATL-area Judge Who Allegedly Attacked A Cop? Well, She Insists On Her Innocence and Brought Receipts

See Also:
Hearing canceled for ex-Douglas County judge arrested at Buckhead nightclub

GA Judge Removed From Bench In Ethics Case

I-Team: Douglas County probate judge charged with felony in Atlanta

Douglas County probate judge charged with felony in Atlanta

Panel: Douglas judge guilty of 'systemic incompetence'

Controversial Douglas County judge must face disciplinary panel Sept. 5

Priscilla Presley Sues Ex-Advisors for Elder Abuse, Alleging ‘Abhorrent Scheme’ to Steal Her Money

In a scathing lawsuit, Presley's attorneys say a shady group opted to "prey on an older woman" to "drain her of every last penny."

by Bill Donahue

Priscilla Presley attends the 75th Primetime Emmy Awards at Peacock Theater on Jan. 15, 2024 in Los Angeles. Frazer Harrison/Getty Images

Attorneys for Priscilla Presley are suing four of her former business partners over allegations of elder abuse and fraud, accusing them of a “meticulously planned” scheme to drain Elvis Presley’s ex-wife of “every last penny she had.”

In a complaint filed Thursday (July 18) in Los Angeles court, lawyers for Presley, 79, accuse Brigitte Kruse, Kevin Fialko, Vahe Sislyan and Lynn Walker Wright of fraudulently convincing her to give them power over nearly every aspect of her life — and then abusing that control to steal her money.

“This action arises out of a meticulously planned and abhorrent scheme by the defendants in this action to prey on an older woman by gaining her trust, isolating her from the most important people in her life, and duping her into believing that they would take care of her (personally and financially), while their real goal was to drain her of every last penny she had,” writes high-profile attorney Martin Singer, who now represents Presley.  

Calling Kruse a “con-artist and pathological liar,” Singer says the defendants took more than $1 million from Presley and convinced her to sign a deal that would give them 80% of her future income.

“The fact that the plaintiff in this case is internationally recognized actress, author, and cultural icon … demonstrates both how effective the defendants’ plan was (and needed to be), and how anyone can be a victim of elder abuse and fraud,” Singer writes.

The new case comes eight months after Kruse’s company, Priscilla Presley Partners, filed its own lawsuit against Priscilla in Florida. That case claimed that Presley illegally turned her back on Kruse and Fialko after they had helped her “dig herself out of impending financial ruin,” including negotiating the deal that led to last year’s Priscilla biopic.

But in Thursday’s new lawsuit, Singer argues that the earlier case was merely a cover for Kruse and Fialko’s alleged misdeeds.

“When it became clear to the defendants that their scheme had been uncovered, they attempted to falsely portray themselves as the victims by filing a lawsuit against Presley in Florida in the name of several of the sham companies they established, alleging that Presley breached the fraudulently-induced operating agreements,” her legal team writes.

According to the complaint, Sislyan is Kruse’s husband and participated in the scheme; and Walker-Wright is an Orlando-area attorney who allegedly helped the others carry it out.

Singer and Priscilla’s other attorneys say that Kruse and the others “established a personal relationship” with her and then used it to “isolate her from her long-time business and financial advisors,” whom they argued were “deceitful or incompetent” and causing her to lose money. Once they had isolated her, the lawsuit says, Kruse and the others took steps to “fraudulently induce” Presley into signing over power of attorney, giving them control over her trusts and bank accounts, and signing deals with “sham” companies like Priscilla Presley Partners.

One of those deals, the lawsuit says, gave the defendants “an exclusive license to exploit and profit off of her name, image, and likeness, and to control and receive virtually all of her income from any of her professional ventures.”

“Dissatisfied with what existing resources they could siphon from her, the defendants’ plan involved usurping control over her ability to control her finances going forward and forcing her into a form of indentured servitude, where plaintiff was forced to work so that they could receive the lion’s share of any revenue that she was able to earn in the future,” Singer writes.

An attorney for Kruse and Priscilla Presley Partners did not immediately return a request for comment on the allegations. Walker-Wright also did not return a request for comment.

Full Article & Source:
Priscilla Presley Sues Ex-Advisors for Elder Abuse, Alleging ‘Abhorrent Scheme’ to Steal Her Money

74-year-old found dead on couch in ‘uninhabitable’ conditions, cops say. Son arrested

By Tanasia Kenney

The son of a 74-year-old man found dead in deplorable living conditions has been charged, Georgia police said.

A 74-year-old man was found dead in his own filth inside his Augusta-area home, Georgia police say. Now, his adult son is charged. 

Peter Copeland, 40, was arrested Wednesday, July 17, and charged with elder neglect after his father died in “uninhabitable” living conditions, according to the Grovetown Police Department.

Officers made the grim discovery around 8:40 p.m. after they were called about a deceased man at a home in Grovetown, police said in a news release. They found Herschel Copeland’s lifeless body on a living room couch. 

“Mr. Copeland was found sitting in human excrement and urine and was also suffering from open sores on his body that were infested with insects,” authorities said. 

A 72-year-old woman with mobility issues was also at the home and appeared healthy, despite living in such filthy conditions, according to authorities.

Investigators said Peter Copeland was the couple’s primary caretaker and lived with them. 

He told police that his father was on the couch and “had not moved for several days,” police said in the release. The county coroner, who was at the scene, determined Herschel Copeland had been dead for four hours. 

His body was taken for an autopsy to determine a cause of death, according to authorities.

Officers called Adult Protective Services, and the 72-year-old woman was taken to a hotel, police said. Authorities didn’t say how or if she’s related to Peter Copeland. 

The investigation is ongoing, and police said more charges are possible. 

Grovetown is about a 10-mile drive west from Augusta.

Full Article & Source:
74-year-old found dead on couch in ‘uninhabitable’ conditions, cops say. Son arrested

Friday, July 19, 2024

Utah woman sentenced to prison for financially exploiting 76 vulnerable people

by: Aubree B. Jennings


SALT LAKE CITY (ABC4) — A woman was sentenced to two consecutive prison terms on Tuesday after pleading guilty to six felonies in connection to the financial exploitation of 76 vulnerable adults.

According to the Utah Attorney General’s Office, Janine McCauley has been sentenced to two consecutive terms of one to 15 years in prison as well as ordered to pay more than $500,000 in restitution payments.

McCauley pleaded guilty in February 2023 to five counts of unlawful dealing of property by a fiduciary and one count of pattern of unlawful activity, all second-degree felonies.

McCauley owned Simplified Business Solutions which acted as a fiduciary for 76 vulnerable people. This means the business was trusted to manage the financial needs of her clients, such as receiving their Social Security income and using it to pay their rent and other bills.

“Instead, McCauley comingled assets and used the funds for her own benefit and for the benefit of people other than the vulnerable individuals,” the Attorney General’s Office read.

This resulted in many of the victims coming into debt and being “unable to meet their own financial needs.”

“Protecting our state’s most vulnerable is one of our office’s greatest priorities,” said Attorney General Sean D. Reyes.

Reyes continued to say the Medicaid Fraud and Patient Abuse Division of the Utah Attorney General’s Office — which led the prosecution efforts — does a remarkable job at “finding and prosecuting the bad actors who have targeted individuals due to their life circumstances.”

“The exploitation of our most vulnerable citizens is antithetical to everything our state stands for,” said the division’s Director Kaye Lynn Wootton. “Stopping abuse like this is central to our office’s mission.”

Full Article & Source:
Utah woman sentenced to prison for financially exploiting 76 vulnerable people

Keep your Golden Years golden: Tips to prevent elder fraud

Linda Fisher

By Linda Fisher

Each year, up to 20% of older Americans become victims of elder fraud, a type of financial exploitation that explicitly targets people 60 years and older. According to the FBI, total losses from elder fraud scams rose 11% in 2023 to more than $3.4 billion.

For individuals living off retirement income, this type of loss can significantly disrupt quality of life, robbing people of their golden years.

Though older individuals are typically targeted for elder fraud scams, there are several ways that seniors, their family members and caregivers can prevent elder fraud abuse.

Stay up to speed on scams

While scams are constantly evolving, it is important to know what tricks fraudsters have on rotation in case you, a family member or client is on the receiving end. In 2023, the most common scams that caused financial losses to seniors included the following:

• Government impersonation scams in which a fraudster, posing as an IRS, Social Security or Medicare employee, says that the person has unpaid taxes or is going to lose their Social Security or Medicare benefits if they do not provide personal identifying information. This information is used to commit identity theft.

• Sweepstakes and lottery scams in which a scammer claims the individual has won something and needs to send money to cover supposed taxes or processing fees.

• Robocalls and phone scams in which a scammer, using phone number spoofing to make it appear as if the call is coming from a reputable organization, claims the individual needs to pay by a certain deadline to renew a warranty or prevent an impending lawsuit.

• Computer tech support scams in which a fraudster plants a pop-up message on an individual’s computer or phone, telling them their device needs to be fixed. When they call the indicated support number, the scammer may either request remote access to the person’s computer and/or demand they pay a fee to have it repaired.

• Grandparent scams in which scammers call a grandparent and say something like: “Hi, Grandma, do you know who this is?” When the grandparent guesses the name of the grandchild the scammer most sounds like, the scammer secures their trust and asks for money to resolve an urgent financial problem.

Stay proactive to prevent elder fraud

• Stay educated: Resources such as the FTC and FCC websites, as well as your bank’s website, can be used to keep up on new forms of fraud and ways to avoid them. For instance, First Interstate Bank has several resources available to keep people in the know.

• Monitor accounts: Regularly check bank statements and account activity for new or unusual transactions.

• Communicate: Have regular and open conversations with trusted family members about financial decisions.

• Report suspicious activity: Immediately report any suspicious emails, texts, calls or app requests to your bank and local authorities.

• Give it time: If someone calls urgently requesting cash or a money transfer, even if their phone number appears to be correct, tell them you will call them back, and hang up.

Full Article & Source:
Keep your Golden Years golden: Tips to prevent elder fraud

Thursday, July 18, 2024

Construction crew, neighbors save man, disabled wife from house fire in DeKalb County

By Joi Dukes and Billy Heath

A plume of smoke towered over Decatur in DeKalb County around 9 a.m. Saturday.

A home on Delcourt Drive was ablaze, and first responders were en route.

The initial response, however, came from a construction crew working at Druid Hills Middle School across the street.

They saw the fire and immediately sprang into action.

Kevin Davis, from Air Force 1 HVAC, his team, and two neighbors rushed to the home and safely escorted the homeowners up the driveway out of harm's way.

"I've never seen guys so big move so fast down this hill. All the construction crew came right in," said neighbor Andrew Zamon.

"My mom died in a house fire, so I knew it was important to get over there," said Scott Banks, the other brave neighbor.

Allen Kline, the homeowner, confirmed this heroic account. He just barely made it out of the door, pulling his deaf and immobile wife, Jane, to safety.

"I collapsed a little bit, just out of weakness," he told FOX 5 Atlanta.

Kline expressed immense gratitude to everyone involved in the rescue effort who helped them get to safety.

"It’s just remarkable," he said. "I had God to thank, and I have the people who were connected to me to thank."

Kevin Davis was leading the Air Force 1 HVAC crew at Druid Hills Middle School when they realized the house was on fire and sprang into action.

Upon arrival, DeKalb County firefighters encountered intense flames and heavy smoke. The extreme heat on Saturday only made it tougher to put out the flames.

"It was like being next to a huge barbecue, you could just feel the heat," Zamon said.

The fire crew ensured the house was evacuated and worked diligently to extinguish the fire.

Kline expressed gratitude that he and his wife were alive. His wife was transported to a nearby hospital for burn treatment to her back. 

"This is why I love this neighborhood. Everybody's looking out for each other. Everybody's on walks. Everybody's checking in on their neighbors," Zamon said. "This is when it really counts."

Kline told FOX 5 his wife is also diagnosed with cancer. She was taken to the hospital to be treated for burns on her back. Kline suffered mild burns to his arms. Still, he says he's just grateful to be alive, and for everyone who stopped what they were doing to help them.

The cause of the fire remains undetermined.

Full Article & Source:
Construction crew, neighbors save man, disabled wife from house fire in DeKalb County

Caregiver ‘brutally’ attacks woman when she finds him raping her mother, CA cops say

By Daniella Segura

A caregiver was arrested after he was accused of “brutally” attacking a woman who found him raping her mother, California deputies say. Getty Images/iStockphoto


A caregiver was arrested after he was accused of “brutally” attacking a woman who found him raping her mother, California deputies say. Yumi Zingkhai, 23, of Rohnert Park, faces a number of charges, including rape, attempted murder and elder abuse against a dependent adult, the Marin County Sheriff’s Office said in a news release.

The woman arrived at the home shortly after 5:30 p.m. on Sunday, July 14, to find a paid “in-home medical caretaker,” Zingkhai, raping her mother, deputies said. The woman’s mother, whose age is not disclosed but is described as “elderly,” cannot care for herself, as she “suffers from memory related issues,” according to deputies. When the daughter “yelled at Zingkhai to stop,” he attacked her, grabbing her by the throat and choking her until she fell unconscious, officials said.

She woke in the kitchen to find Zingkhai holding a knife, “threatening to kill her if she called the police,” deputies said. Zingkhai held the daughter captive for nearly two hours until she convinced him to leave the house and “handle personal matters he mentioned were important to him,” the sheriff’s office said. Once he left, the daughter called 911.

Zingkhai went home and “told his girlfriend he was suicidal,” adding that he needed to return to his employer’s home, authorities said. Zingkhai’s girlfriend went with him as he drove back to the home, deputies said. While they were in the car, the girlfriend tried to call 911, as she was worried “about his suicidal statements,” deputies said.

“Zingkhai took her phone” and hit her multiple times, authorities said. Zingkhai arrived at the home to find deputies and detectives there and pushed his girlfriend from the moving car, according to the sheriff’s office. Officers apprehended Zingkhai as he tried to flee, deputies said.

His girlfriend was not hurt, according to authorities. He is being held without bail, deputies said. Marin County is about a 40-mile drive northwest from San Francisco.

Full Article & Source:
Caregiver ‘brutally’ attacks woman when she finds him raping her mother, CA cops say

Wednesday, July 17, 2024

Police: Couple stole $450,000 from elderly mother

By Alex Bridges

Virginia police are accusing Warren County couple Corinne and Ronald Llewellyn of exploiting an elderly family member out of more than $450,000.

The Llewellyns remain free on bond after their arrests last week on multiple counts of embezzlement and money laundering. Judge Daryl L. Funk scheduled the Llewellyns to appear in Warren County Circuit Court on July 26.

Ronald Llewellyn served on the Warren County Board of Supervisors from January 2004 through Dec. 31, 2007. Llewellyn also served on the Board of Directors for the Front Royal-Warren County Economic Development Authority for years until he stepped down in March 2019.

A grand jury on June 8 handed up indictments charging Ronald L. “Ron” Llewellyn, 70, of 205 Virginia Ave., Front Royal, with 44 counts of embezzling property valued at $200 or more belonging to his mother-in-law Jane White, which he received for her benefit by virtue of his fiduciary responsibilities.

Indictments charge Ronald Llewellyn with 10 counts of unlawfully conducting a financial transaction where the property involved represents the proceeds of an activity punishable as a felony. He also has been charged with forging a check dated Feb. 25, 2013, for $5,000 drawn on Jane White’s bank account and made payable to Senary LLC.

Indictments charge Ronald Llewellyn of committing the offenses on different dates between Dec. 21, 2011, and Jan. 18, 2018.

Grand jury indictments against Corinne W. Llewellyn, 70, of the same address, charge her with 21 counts of embezzlement from her mother and seven counts of money laundering. The indictments charge her with committing the offenses between Nov. 2, 2015 and April 20, 2018.

Court documents filed in March reveal details about the police investigation into the Llewellyns.

The Llewellyns appeared by video from the Northwestern Regional Adult Detention Center. Warren County Assistant Commonwealth’s Attorney Ilona White appeared for the prosecution. Defense attorney Douglas Napier represented the Llewellyns for their court appearance.

Funk granted the Llewellyns’ release on personal recognizance bonds. Funk ordered that as a condition of their bond the Llewellyns may not leave Virginia.

Warren County Commonwealth’s Attorney John S. Bell filed a motion dated March 1 requesting that the court issue a subpoena ducus tecum for the production of financial records from Atlantic Union Bank associated with Ron Llewellyn’s businesses and limited liability corporations: Llewellyn LLC, Heptad LLC (of which he has been a partner), Senary LLC and Fragrances LTD.

“The Commonwealth asserts that there is probable cause to believe that a possible crime has been committed and that the records sought are relevant to a legitimate law-enforcement inquiry,” the motion states.

Virginia State Police Special Agent Adam C. Galton filed an affidavit in support of the subpoena request. Galton sought records from the bank from Sept. 1, 2016, to May 1, 2017. Galton states that the information shows that probable cause exists that the Llewellyns and the businesses and limited liability corporations “committed elder financial exploitation through embezzlement, money laundering, and forgery of financial instruments from entrusted funds associated with the accounts related to the Jane Angus White.”

Trustees and family members of Corinne Llewellyn’s mother asked Virginia police “to investigate extensive financial impropriety by the Llewellyn’s (sic),” the affidavit for the subpoena states.

The affidavit states the investigation “yielded approximately $451,892.44 of gross financial exploitation after reviewing available records dating back to 2010,” including direct payments from February 2013-May 2018 totaling $55,500 to Senary LLC; $4,400 to Heptad LLC from October 2016-March 2017; $38,900 to Llewellyn LLC from December 2011-October 2017.

The investigator states that the records he reviewed also show the Llewellyns took direct payments from trust funds and used the money for personal travel, vehicles, real estate taxes, legal fees, property repairs, maintenance to their home, property and life insurance, pest-control services, telecommunication services, heating and vehicle fuel costs, and pool service for their house in Florida.

The affidavit also states that a check was made on Feb. 25, 2013, from the Jane A. White Trustee for the Jane Angus White Living Trust in the amount of $5,000 to the order of Senary LLC.

“The trustees and family members confronted Ronald Llewellyn about this check in 2015 and, according to three witnesses, Ronald Llewellyn admitted to forging her name to the check,” the affidavit states.

Full Article & Source:
Police: Couple stole $450,000 from elderly mother

Berkeley Man Pleads No Contest to Felony Elder Abuse in $359,720 Real Estate Fraud Case

By Nina Singh-Hudson


In a recent announcement by Alameda County District Attorney Pamela Price, 53-year-old Asher Turgeman has pled no contest to felony elder abuse linked to a real estate fraud case, stealing over $359,720 from an elderly victim with dementia, as per the Alameda County District Attorney's Office. The victim had originally employed Turgeman to install solar panels, but he manipulated her into selling several properties while siphoning funds through falsified invoices.

The fraud came to light thanks to the vigilance of the victim's friends, who became suspicious after she started receiving notices for unpaid bills.

The subsequent checking of her bank accounts led to the involvement of authorities.

The Berkeley Police Department, in collaboration with the DA's Real Estate Fraud team, conducted a thorough investigation ensnaring Turgeman in the deceitful web he had spun.

"This theft would not have been uncovered if it weren’t for the hard work of the victim’s friends, the assistance of the Berkeley Police Department and the DA’s Real Estate Fraud team, including our inspector, deputy district attorney, and forensic auditor," District Attorney Pamela Price said in acknowledgment of the joint effort that led to Turgeman's conviction, as cited by the Alameda County District Attorney's Office.

Under the terms of the plea deal, Turgeman will be subject to four months of electronic home detention and be placed on probation for two years; the sentencing is slated for September 9 at Dublin's East County Hall of Justice. Besides, Turgeman has been mandated to compensate the victim, having already turned over a $200,000 cashier's check, and is obligated to pay the remaining $159,720 during his probation period.

Full Article & Source:
Berkeley Man Pleads No Contest to Felony Elder Abuse in $359,720 Real Estate Fraud Case

Woman allegedly stole from care-dependant victims

By HEATHER KOONTZ


A Bedford woman is accused to taking financial advantage of two adult individuals who were in her care.

Alicia Dawn Martin, 37, is facing two third-degree felony charges related to financial exploitation of a care-dependent person.

Police were notified on Jan. 29, 2020, by an individual at Skills of Central Pa. Inc., that a complaint was received regarding Martin.

Allegations include taking possession of items belonging to the two victims, using their money to purchase items for herself, and otherwise misappropriating the victims’ funds.

The criminal complaint lists the losses for one alleged victim at about $1,500, and the other at $3,400.

The individuals have since been moved to another facility.

Charges in the case were filed on April 25, but were inactive until last week.

Martin posted 10% of the $25,000 bail set in the case to secure her release.

A preliminary hearing is scheduled for 9 a.m. Wednesday in Bedford County Central Court.

Full Article & Source:
Woman allegedly stole from care-dependant victims

Tuesday, July 16, 2024

Hearing canceled for ex-Douglas County judge arrested at Buckhead nightclub


ATLANTA
- Former Douglas County Judge Christina Peterson was supposed to appear before a judge on Friday morning for a hearing related to her arrest at a Buckhead nightclub. However, FOX 5 Atlanta has learned the hearing was canceled. At this time, it is not known when the hearing will be rescheduled.

Peterson was arrested on June 20. According to an Atlanta Police report obtained by FOX 5, an officer working an extra job at the Red Martini Restaurant and Lounge on Peachtree Road in Buckhead spotted a disturbance outside the venue and attempted to escort the woman from the premises.

While assisting security in deescalating the situation, the officer was approached by another woman, later identified as Peterson, who began screaming at the security guard and the officer. Police say she then forcibly pushed the officer in the chest. Despite the officer’s attempts to assist the woman being escorted out, Peterson continued to interfere, swiping at the officer’s hands.

Police say after a second push to the chest, Peterson was placed under arrest. However, she repeatedly refused to provide her identifying information, causing delays in her processing. Subsequent investigation allowed officers to confirm her identity.

On the Fourth of July, the Atlanta Police Department released several hours of footage connected with Peterson's arrest. In the footage, Peterson is visibly emotional while sitting in the back of the squad car, telling officers, "Book me in … unbuckle me and book me in."

"It's harassment," Peterson says in the footage. "It's poli-tricks."

It also appears from the video that Peterson has confused the officer who arrested her with the man who allegedly attacked the woman she was reportedly defending.

She accuses him of hitting the other woman and then putting her in handcuffs because she didn't agree with his disrespect of women.

The new video collaborates Atlanta police's position that she refused to give her name. Peterson was asked multiple times by several different officers for her personal information, but she refused each one of them. However, the video also shows that her friends at the nightclub told the arresting officer repeatedly that she was a judge and gave him her name before he left with her in the patrol car.

Peterson is facing charges of simple battery and felony obstruction. She's set to appear before a magistrate court judge for a pre-indictment hearing at 9 a.m.

Ex-Douglas County judge Christina Peterson refutes charges

A day after her arrest, Peterson, her lawyer, and witnesses held a press conference declaring her innocence.

The witnesses said Peterson tried to defend Alexandria Love from a vicious attack after an unidentified man accused her of cutting in front of him in a food truck line.

"He viciously attacked me," Love said, "punched me in my face and Judge Peterson was the only one to help me."

Witnesses Madison Shannon Kelly and Alexandria Love insist the judge did nothing wrong.

"I see this person flying by me and I didn't know who she was," Kelly told reporters. "But I know she helped my friend, and if she hadn't helped, I don't know what we would be saying today."

One new piece of body camera footage seemed to corroborate their story. In it, an unidentified man told police that Peterson "jumped in to help the girl out," before describing the former judge as "tipsy."

Georgia Supreme Court removes Christina Peterson from office

On June 25, the Georgia Supreme Court ruled that Peterson should be removed from the bench. Additionally, she will not be eligible to be elected or appointed to any judicial office in Georgia for the next 7 years.

The first-time judge for Douglas County has been the subject of several FOX 5 I-Team investigations since she took office in late 2020.

The Judicial Qualifications Commission (JQC) decided in April that Peterson was guilty of "systemic incompetence" because she ignored courthouse rules, abused courthouse personnel, made inappropriate posts on social media and, in repeated cases, failed to do her job.

The decision came after four separate hearings that began in September 2023. She faced 30 counts of misconduct.

In their ruling, the justices agreed with the JQC's findings related to the matter.

Peterson was in her last year on the bench. She recently lost her bid for re-election.

Court docs: Indy caretaker beat disabled man with flashlight

by: Matt Christy

INDIANAPOLIS — An Indianapolis caretaker is under arrest after coworkers accused him of beating an autistic, non-verbal man with a flashlight.

Williams Brooks Jr., 85, is charged with one count of battery resulting in bodily injury to a disabled person, a Level 5 felony.

William Brooks Jr. (Johnson Co. Jail)

According to court documents, Greenwood police were notified of the abuse on July 5 by employees of Community Integration Support Services. The coworkers reportedly filmed part of the abuse.

A police officer reported viewing the footage and said it showed Brooks striking the victim with a closed fist multiple times in the chest and abdomen area.

The witnesses said the abuse continued beyond what was shown in the video and included Brooks striking the victim with a flashlight. Photographs of the victim’s injuries were shown to police and included the victim having several bloody cuts on his lips.

Police spoke to Brooks who reportedly denied striking the victim. He claimed he sometimes had to “push” the victim in order to make him lie down. He also claimed he put a flashlight to the victim’s head “to let him feel the flashlight,” but denied hitting the victim with it.

Brooks was taken into custody and transported to the Johnson County Jail.

If convicted, he faces up to six years in prison.

Community Integration Support Services said Brooks was terminated the same day his co-workers reported his abuse. The company and its employees are cooperating with police investigators and providing support services to the victim, his family and staff members.

“We are deeply saddened and disturbed to receive a report of abuse against a consumer of our services. The safety and wellbeing of those in our care is our highest priority. Community Integration Support Services have a zero-tolerance policy toward any form of abuse or mistreatment.

 Steven Phillips, owner/president of Community Integration Support Services

Community Integration Support Services said it will conduct an internal review of policies, procedures and staff training to determine how this incident occurred and to prevent any other incidents like this from happening again. 

“We extend our sincerest apologies to the victim, the family, our staff and our community. We understand the trust placed in us and take our responsibility extremely seriously. We are dedicated to regaining that trust through our actions going forward,” Phillips said.  

Full Article & Source:
Court docs: Indy caretaker beat disabled man with flashlight

Monday, July 15, 2024

Wendy Williams Doc Is an ‘Exploitation of a Vulnerable Woman,' Lawsuit Claims

Story by Ethan Millman


Wendy Williams' legal guardian claimed that the talk show host was unable to consent to her participation in Lifetimes' Where Is Wendy Williams? documentary that aired last month, according to an unsealed lawsuit obtained by Rolling Stone.

Sabrina Morrissey, acting as Williams' guardian, filed the suit in February just days before the docuseries aired. Morrissey filed the suit, which was sealed until Thursday, in New York seeking to block the project's release - though it aired as planned on Feb. 24 and 25.

In the complaint, Morrissey claimed that Williams, referred in the suit as W.W.H., had signed the contract for the documentary in January 2023, just four months before she was diagnosed with dementia, rendering her incapable of consenting to the project. Williams' team announced the diagnosis two days before the documentary aired.

"W.W.H. is contending with very serious medical issues that have rendered her effectively incapacitated," the complaint said. "She should be allowed to carry out her life and receive required care with peace and dignity, and to work, to the extent she is capable, in a nurturing, supportive and dignified environment. She was not, and is not, capable of consenting to the terms of the documentary Contract, and no one acting in W.W.H.'s best interest would allow her to be portrayed in the demeaning manner in which she is portrayed in the Trailer for the documentary."

Morrissey said the defendants - Entertainment One Reality Productions and Lifetime's parent network A&E - were "unconscionably exploiting" Williams "for perceived entertainment value" and the "prurient interest of television viewers." She added, "This blatant exploitation of a vulnerable woman with a serious medical condition who is beloved by millions within and outside of the African American community is disgusting, and it cannot be allowed."

In a statement to Rolling Stone, a spokesperson for A&E said they "look forward to the unsealing of our papers as well, as they tell a very different story."

An attorney for Entertainment One didn't immediately respond to a request for comment.

Williams hosted her eponymous daytime talk show on Fox for over a decade from 2008 until 2021, with her health a growing question among fans in the final years of the show's run. A Rolling Stone review of the doc called the series "a devastating watch." "Seeing the vibrant, hilarious, and iconic figure no longer be herself is a tough pill to swallow," Brittany Spanos wrote.

Days after the documentary aired, the Where Is Wendy Williams? producers said in an interview that they wouldn't have shot the doc had they known about the dementia diagnosis.

"Of course, if we had known that Wendy had dementia going into it, no one would've rolled a camera," producer Mark Ford told The Hollywood Reporter.

Fellow producer Brie Miranda Bryant added: "The diagnosis that was announced was not the information that any of us had going into it. So, people were watching the journey with information that we didn't have in those first two hours, and I think that's part of the confusion and the upset and outrage."

Full Article & Source:
Wendy Williams Doc Is an ‘Exploitation of a Vulnerable Woman,' Lawsuit Claims

See Also:
Wendy Williams

Houston mother, daughter accused of financial exploitation of relative

Olivia Estright

Jul. 12—HOUSTON, Minn. — A mother and daughter are accused of financially exploiting their relative, according to Houston County District Court documents.

Vicki Lynn Heuser, 64, of Houston, and her daughter Samantha Christine Cunningham, 38, of Spring Grove, are being charged separately with five counts of financial exploitation of a vulnerable adult, four are felonies.

According to the criminal complaint, the woman, Heuser's mother and Cunningham's grandmother, was diagnosed with mild dementia in 2020. The woman sold her home in December 2020 for $177,421.67.

With her deteriorating condition, the complaint said the co-powers of attorney were established as Heuser and Cunningham on March 6, 2021. Both signed an acknowledgment that their POA powers would become effective if the woman became incapacitated or incompetent and that POA did not authorize them to make gifts to themselves or to anyone they have a legal obligation to support.

At the time the powers of attorney were established, the woman had $192,346.07 in her savings account and continued to receive more than $2,000 a month from social security and her pension, the complaint said.

The woman moved to a memory care unit in Houston County in July 2022. Her monthly rent started at $6,115. In February 2023, she received a direct deposit into her checking account from an insurance company for $44,831.86. By May 2023, the woman's savings account was closed due to a negative balance.

Houston County Human Services received a vulnerable adult report in November 2023 that alleged Heuser and Cunningham were using the woman's funds not for her benefit and without authority. The woman's lack of finances and activity seemed inconsistent with her past spending habits, the complaint said.

The report included transfers of large sums to Heuser and Cunningham's bank accounts, unauthorized gifts, purchases at day spas, payments for horse stable rent, auto and tire repairs, home utility bills, credit card and account payments and pediatric medical bills.

As a result, the woman did not have the funds to pay for the assisted living rent.

According to the complaint, more than $39,000 of the woman's funds were used from March 2021 to September 2023 in ways that did not benefit her.

LaCrescent police asked Heuser where the $177,000 from the sale of the woman's house was spent. Heuser told police she assumed they could "divvy up some of the money to the family members," which is what they did, the complaint said.

Heuser admitted to transferring $14,650 for her own use.

Cunningham told police she transferred $10,000 to her checking account in August 2021 for her daughter.

"Cunningham and Heuser financially exploited (the woman's) by using money from (her) bank accounts and making purchases that did not benefit (the woman) in the total amount of $39,270.47," the complaint said.

Cunningham will make her first appearance on July 24 in the Houston County District Court. Heuser will appear in court on Aug. 7.

Full Article & Source:
Houston mother, daughter accused of financial exploitation of relative

Sunday, July 14, 2024

Arizona Court of Appeals Strikes Down Arizona’s Guardianship Process That Determines Whether an Individual Has the Capacity To Vote

By Joseph Kanefield, Savannah Wix, and Heather Reed1


To vote in Arizona, an individual must not be “adjudicated an incapacitated person.” This is an addition to other requirements such as being over 18 years old, a U.S. citizen, and an Arizona resident. Capacity to vote arises in guardianship proceedings when an individual is no longer able to care for themselves and manage their financial affairs. In this situation, the question then becomes whether the individual retains sufficient understanding to exercise their right to vote. How this determination is made was the subject of a recent Arizona Court of Appeals decision, Wood v. Coconino (In re Wood)2, which found the existing process unconstitutional.

In Wood, the superior court determined that Annette Wood, a 63-year-old woman residing in an assisted living facility, needed a guardian to make her financial and medical decisions. She had been diagnosed with dementia and other cognitive impairments, including memory loss, anxiety, and depression.

Under Arizona law, a person will be placed under a guardianship if the court finds the person incapacitated — unable to make decisions for themselves due to mental or physical illness, disability, or other chronic conditions — such that they require a guardian to provide for their needs. The Arizona Constitution, however, provides that “[n]o person who is adjudicated an incapacitated person shall be qualified to vote at any election.”3 In a general guardianship, a ward loses the right to vote without any recourse. A ward, however, may retain the right to vote under a limited guardianship if the ward files a petition, has a hearing, and a judge finds by clear and convincing evidence that the ward retains “sufficient understanding to exercise the right to vote.” Here, the court placed Ms. Wood under a general guardianship.

Although Ms. Wood agreed she required a guardian to assist with medical decisions, she still wished to retain her right to vote. To determine whether Ms. Wood retained sufficient understanding to vote, the court asked her a series of questions. For example, when asked, she was initially unable to recall the President’s name, but was able to describe the process by which she votes by mail. The court ultimately concluded she did not provide clear and convincing evidence to support that she retained sufficient understanding to vote and therefore denied her request. Ms. Wood subsequently challenged the constitutionality of the guardianship statutes under the Due Process Clause of the 14th Amendment to the extent the statutes disenfranchise her and other wards.4 

On appeal, the court sided with Wood, holding that Arizona’s guardianship statutes violate the due process rights of wards to the extent they terminate their right to vote under a general guardianship without an assessment of the ward’s voting capacity. Moreover, the court held that the existing process improperly shifts the burden to the ward to prove they possess a “sufficient understanding to exercise the right to vote” under a limited guardianship.

Because this process implicates the right to vote, the court applied strict scrutiny to the guardianship statutes, evaluating whether they were narrowly tailored to serve a compelling state interest and employed the least restrictive means possible to achieve that interest. The court concluded that the statutes fell short on both analyses. The court further noted that the State failed to identify any state interest, compelling or otherwise, served by terminating a ward’s voting rights without assessing their voting capacity.

The court concluded that 1) terminating a ward’s right to vote without a hearing to assess the ward’s voting capacity and 2) placing the burden of proof on the ward to prove their voting capacity violate due process. In doing so, the court shifted the burden of proof to the guardian to prove by clear and convincing evidence that the ward lacks the capacity to vote. The court also clarified the definition of a “sufficient understanding to exercise the right to vote” as having enough comprehension to know that one is expressing a preference on a ballot for a particular candidate for a political office or, for or against a policy measure. The court made clear, however, that this analysis must be detached from “the wisdom of a particular vote (or a particular voter),” as this determination is subjective.

The court’s decision is likely to have a significant impact on wards in Arizona. Arizona courts must now hold hearings to determine a ward’s voting capacity prior to terminating their right to vote, and the petitioner seeking to become the individual’s guardian will bear the burden of showing that the ward lacks the ability to express their ballot preferences. The required clear and convincing evidentiary showing may result in fewer wards losing the right to vote, but only time will tell. Notably, however, the court did not address how the holding will affect the voting rights of wards currently under guardianships in Arizona.

As always, the Snell & Wilmer team will continue to monitor the developments in this area of the law.

Footnotes

  1. Heather Reed is a 2024 summer associate at Snell & Wilmer and a 2025 J.D. candidate at the University of Arizona. She is not admitted to practice law. [Back]
  2. No. 1 CA-CV 22-0710 (Ariz. App. May 30, 2024). [Back]
  3. Ariz. Const. art. 7, § 2(C). [Back]
  4. A.R.S. §§ 14 5101(3), 14 5304, 14 5304.02 (collectively, the “guardianship statutes”). [Back]

Full Article & Source:
Arizona Court of Appeals Strikes Down Arizona’s Guardianship Process That Determines Whether an Individual Has the Capacity To Vote

‘You are nothing but a con artist’: Judge tears into caregiver who faked Stage 4 cancer to derail trial for stealing cash, jewelry from elderly patients

by Colin Kalmbacher


A Pennsylvania caregiver who stole from her elderly clients and then pretended to have cancer in order to avoid the consequences of her actions will now spend a year or two behind bars.

In March, Shannon Lynn Eberhart, 48, originally pleaded guilty to two counts each of financial exploitation of an older adult or care dependent person, theft by unlawful taking, and receiving stolen property, as well as one count each of identity theft and access device fraud, according to the Bucks County District Attorney’s Office.

This week, the defendant pleaded guilty to a suite of different but related crimes over the ensuing cancer deception: one count of unlawful use of a computer and two counts of identity theft.

On Wednesday, a judge, speaking harshly, sentenced Eberhart to at least one year minus a day up two years minus a day in the county jail. That time will be followed by 11 consecutive years of probation.

“You are nothing but a con artist who deceived the people who cared for you,” Court of Common Pleas Judge Gary B. Gilman said when handing down the sentence. “You betrayed every cancer patient, you betrayed the court system, you betrayed your attorney.”

In February 2023, an investigation by the Newtown Township Police Department led to the initial theft charges in the case. Investigators determined Eberhart stole jewelry and cash from two victims she was meant to care for and made unauthorized withdrawals from a victim’s bank account, the district attorney’s office said in a press release.

The thefts began soon after Eberhart was employed, authorities said. Some losses were characterized as more emotional than financial.

“It was not about the monetary value,” Deputy District Attorney Marc J. Furber said. “These were pieces of heirloom jewelry handed down from generation to generation, now gone.”

As the legal process played out, Eberhart waived her preliminary hearing and her formal arraignment. Several pretrial hearings were scheduled and canceled. Then, one month before a hearing scheduled for December 2023, the DA’s office received what seemed like a medical document from Eberhart’s defense attorney — along with a request for a continuance, or pause, in her criminal case.

The document, which appeared to have been issued by a Montgomery County hospital, claimed the defendant was suffering from stage 4 esophageal cancer and needed further treatment.

That document was a forgery, an investigation determined.

“Bucks County detectives contacted the two doctors named in the letter and both said they never authored the letter and never treated Eberhart,” the DA’s office said Representatives of the hospital also confirmed that the letter was fake and contained several inaccuracies, including the official name of the hospital and its logo. The two doctors named in the letter also never worked at their hospital.”

The investigation also determined the document was created on a computer and contained a “digitally created logo and headers, footers, and margins,” according to the Bucks County press release.

Once the fake was uncovered, the process moved on.

“The Defendant compounded her crimes against the elderly by attempting to continue her manipulation in the Court system,” Furber said. “She failed, but not for lack of trying. This case should be a lesson to those who are in positions of trust for elderly or disabled individuals. That trust should be upheld at all costs.”

Eberhart’s victims remarked on that trust relationship.

“Shannon’s actions here are unforgivable,” one of the victims said during the sentencing hearing. “These pieces of jewelry tell stories of my family, past and present, and can never be replaced.”

A family member of another victim testified they once grieved with Eberhart — providing flowers and condolences when she told them her mother had died. As it turned out, however, the defendant’s mother is alive and well — she attended her daughter’s sentencing hearing.

The judge, before issuing the sentence, upbraided the defendant’s actions as “despicable and unfathomable.”

Eberhart was also ordered by the court to pay $32,835 in restitution to three victims, to undergo mental health, drug and alcohol treatment, and she is barred from ever again working as a caregiver.

Full Article & Source:
‘You are nothing but a con artist’: Judge tears into caregiver who faked Stage 4 cancer to derail trial for stealing cash, jewelry from elderly patients