Unsealed Court Documents Reveal Details Of Broken Arrow Boy's Custody Case

Newly unsealed court documents shed light on the case of a 12-year-old Broken Arrow boy at the center of a docuseries. The child's grandparents Bill and Lisa Woolley have held news conferences, put out flyers and bought billboards, saying the boy was kidnapped from them by DHS and they want him back. The new records, which were previously confidential, show both the child's mother and father signed the child over to a relative, as his permanent guardian in 2021.

By: Reagan Ledbetter

Newly unsealed court documents shed light on the case of a 12-year-old Broken Arrow boy at the center of a docuseries.

The child's grandparents Bill and Lisa Woolley have held news conferences, put out flyers and bought billboards, saying the boy was kidnapped from them by DHS and they want him back. The new records, which were previously confidential, show both the child's mother and father signed the child over to a relative, as his permanent guardian in 2021.

That guardian's attorney tells News On 6, the guardian has been constantly harassed and the boy's name and picture have been plastered everywhere, by people who profess to love him.

“Right now, the child and the permanent guardian are the subject of a harassment campaign. A bullying campaign,” said Jim Milton, the permanent guardian’s attorney.

Milton says it's been disturbing to see how many people believe the lies. He says he couldn't talk until now, because the documents were sealed. He says the documents clearly show the boy was placed in a close relative's home with the blessing of his parents and it was all done by the book.

“It's in public media, social media and there are signs posted throughout Broken Arrow, Wagoner County and sometimes around the state with this child's name and image on the signs. Who does that,” asked Milton.

The boy was removed from his grandparents, Bill and Lisa Woolley, when they were charged with the murder of the boy's younger brother in 2018. Those charges were dropped in 2021, but prosecutors say the case is still open and charges can be refiled. Now, the Woolley’s want him back, even though for the past seven years, he's been living with the relative and permanent guardian.

“They are trying to rip the child away from the permanent guardian determined by the court in the manner outlined, in those unsealed documents,” said Milton.

A judge unsealed the documents this week after a hearing requested by the Wagoner County DA's office.

“I've done this for many years, it's the first time I've ever sought release,” said Wagoner County Assistant District Attorney Janet Hutson.

Hutson argued for the release of these confidential records, to prove what actually happened. The judge agreed and ordered the release.

“We believe there was good cause shown, in the best interest of the minor child showed that the biological mother and the biological father actually consented to the permanent guardianship that was entered. This child is not kidnapped,” said Hutson.

The order says the guardian shall not return the child to either parent or any other person without approval from the court, the guardianship is permanent until the child is 18, the child shall have no contact with Bill or Lisa Woolley, and that the child said he wanted to live with this relative.

“I ran a search last night, how many people and who have been saying that this child was kidnapped? Well, it's a lot of folks. A lot of folks. And that's just not true. That simply is not true. There is a legal proceeding and what happened in the legal proceeding can be seen from these release documents,” said Milton.

Records show the child's mother did file a request two years ago to change her decision, but then later withdrew that request.

The judge did tell both parents they could get the child back if they met certified requirements, but neither ever did.

Bill and Lisa Woolley's daughter Glory, says nobody from her family has harassed the guardian of the boy. She says the child’s mom was misled and lied to when she signed over guardianship in 2021.

The Woolley family stands by their claims that the boy is living in an abusive home, pointing to a protective order filed in August, involving two other children who live in the home, that claimed those children were facing abuse. Attorneys agreed those two kids would stay with someone else until the allegations are addressed in court and they say, those kids were not removed from the home by DHS.

Full Article & Source:
Unsealed Court Documents Reveal Details Of Broken Arrow Boy's Custody Case

Michigan Probate Judge Kathleen Ryan and racism that is the tip of an iceberg of corruption.

by GretchRHammond

Oakland County, Michigan Judge Kathleen Ryan made national headlines last week after recordings highlighting racist and homophobic comments caused her to be suspended from the bench pending a review by the state’s Judicial Tenure Commission (JTC). 

In 2019, my team and I investigated allegations of the systemic abuse and exploitation of thousands of Michigan’s most vulnerable citizens by attorneys employed as professional guardians in cases heard by Ryan and her three colleagues on the bench, Judges Daniel O’Brien, Linda Hallmark, and Jennifer Callaghan. 

Called, by Florida Rep. Claude Pepper, “the most punitive civil penalty that can be levied against an American citizen, with the exception, of course, of the death penalty,” in guardianship and/ or conservative cases, when an individual is declared unable to manage their own affairs by a probate or family court judge, he or she becomes a “legally incapacitated ward.” Although they are complete strangers to each other, a court-appointed professional guardian or conservator assumes control over every aspect of their ward's life.

That includes their homes, mail, bank accounts, retirement and social security income, IRAs, life and health insurance, wills and trusts, property, passports, driver’s licenses and voter registration cards.

Guardians also dictate where their wards will live, whether they can own a cellphone or a computer, where they may or may not go, who they are and are not allowed to see and what they are or are not allowed to eat.

A review of 2,278 Oakland County guardianship cases published in The Daily Kos and The Journal of Forensic and Investigative Accounting discovered a troubling pattern of individuals placed under guardianship, without medical evidence or the ability to testify in their defense, who allegedly had their bank accounts drained in as little as a year by massive overbilling while cars and personal valuables were unaccounted for.

Alleged victims were forced out of their homes and into nursing, assisted living facilities, and small group homes where they suffered abuse and neglect in living conditions, some of which were, at best, subhuman.

Ward placed in an unlicensed group home after an Oakland County guardianship. 

Their homes were sold at below market value to local investors or associates of the guardians who then resold the properties at market value or higher (known as a “strawman sale.”)

One such ward, World War II veteran Billy Garner, died after contracting scabies mites in a nursing facility in which his guardian had placed him, ignoring concerns about the conditions there. He was not alone. 

When wards or their family members complained or tried to have their guardianships terminated, Ryan and her colleagues pushed back, sometimes punitively, and deferred to the professional guardians, a number of whom had made donations to their judicial campaigns. 

In one instance, my team and I found three women under Oakland County guardianship who had been left abandoned for the Thanksgiving holiday, but not before the owners of their small group home had padlocked the refrigerator shut. 

Ryan’s 2010 campaign for Oakland County Probate Court judge received contributions from three professional guardians who worked in her courtroom, as well as cash and in-kind contributions from O’Brien.

She also received a donation from Michigan Attorney General Dana Nessel, who on March 25, 2019, announced an Elder Abuse Taskforce charged in part with reviewing measures to reform Michigan’s probate system. To date, no reform bills have been passed and there is no indication that the Oakland County professional guardians named in my team’s report have been investigated. 

Attorneys who work in Ryan’s courtroom have been accused of racism.

In 2018, retired neurologist Dr. Bashar Abou-Rass, the neighbor and longtime friend of a Bloomfield, Michigan man Thomas Howard found himself in Ryan’s courtroom after he was advised by a hospital social worker to petition for guardianship of Howard. 

At the guardianship hearing, Ryan denied Abou-Rass’s petition in favor of probate attorney and then-State Public Administrator Thomas Brennan Fraser, also a donor to Ryan’s campaign.

Guardian ad Litem and Redford, Michigan probate attorney Melinda Cameron was present to represent Howard’s interests. Before the hearing commenced, Abou-Rass had opened the door to the courtroom to allow Cameron to enter before him.

“She didn’t look at me, she didn’t say a word to me,” he remembered. “After it was all over, I was waiting for the order to release me as guardian. I said to Cameron, ‘Ma’am, the next time someone opens the door to you, at least say thank you.”

He says Cameron’s response was heard by both Ryan and Fraser.
 

‘Oh yeah, yeah, yeah, you’re confusing me with women from your country.’”

“Cameron said to me, ‘Oh yeah, yeah, yeah, you’re confusing me with women from your country.’”

A stunned Abou-Rass filed a complaint with the Michigan Attorney Grievance Commission (MAGC). He asserted that neither Ryan nor Fraser would testify on his behalf.

“Cameron said that it was all lies,” he recalled. “The case was closed.”

The MAGC took no disciplinary action against Cameron.

In the under two years of Fraser’s guardianship Howard allegedly suffered neglect at the nursing homes in which he was placed, had his bank accounts drained through overbilling and his homes undersold and flipped. Although Howard had a car at the time he was placed under Fraser its value was not mentioned anywhere in Fraser’s filed accounts. The disposition of the car was unknown.

Howard died in February 2018 after numerous incidents in the nursing home were reported to Fraser but ignored. 

Oakland County ward Thomas Howard towards the end of his life, Photo courtesy of Dr. Barchard Abou-Rass

Ward family members and advocates fighting for change in Michigan’s guardianship system say that the allegations against Ryan are just the tip of an iceberg of corruption, theft, neglect, and abuse. Allegations are so rampant about Oakland County’s probate courtrooms it has quickly earned a reputation amongst litigants and the few probate attorneys willing to fight against guardianships imposed there as venues where the deck is stacked against them before their cases are even heard. 

According to numerous families who spoke with my team and I, if their case has anything to do with the Oakland County Probate Court, attorneys either decline to represent them or ask for an exorbitant retainer. Two such attorneys stated that the reason was a high probability of facing punitive sanctions or a disciplinary investigation, by the MAGC, for challenging a probate judge’s appointee.  

Meanwhile, they say numerous complaints to the Judicial Tenure Commission have gone unanswered and uninvestigated. 

To date, none of Oakland County’s public administrators or professional guardians have been charged with a crime. Both the JTC and Michigan Supreme Court have yet to enact any disciplinary proceeding against probate court judges.

Full Article & Source:
Michigan Probate Judge Kathleen Ryan and racism that is the tip of an iceberg of corruption.

See Also:
Caught on audio: Oakland Co. judge called self a 'new racist,' used gay slurs

Oakland Co. probate judge removed from docket pending misconduct investigation

Oklahoma caregivers rally for justice in elder abuse case

Source:
Oklahoma caregivers rally for justice in elder abuse case

Bexar County is seeking funding through federal grant to address elder abuse

The grant would give the county $800,000 over four years. County leaders say they want to build a Senior Justice Assessment Center.

Source:
Bexar County is seeking funding through federal grant to address elder abuse

Video: TCSO arrest man for elder abuse following stolen vehicle investigation

The Tulsa County Sheriff's Office arrested a 40-year-old man after deputies found an elderly couple living in poor conditions at his house.

Source:
Video: TCSO arrest man for elder abuse following stolen vehicle investigation

Priscilla Presley Elder Abuse War: Florida Lawyer ‘Vehemently Denies’ Conspiring With Auctioneer

Lawyer Lynn Walker Wright is asking a California judge to dismiss her from Presley's lawsuit alleging "unconscionable" financial abuse.

 

  by Nancy Dillon

The Florida lawyer accused of conspiring with memorabilia auctioneer Brigitte Kruse to defraud Priscilla Presley out of more than $1 million in an alleged elder abuse scheme is breaking her silence to claim she never violated her duty to the author, actress, and ex-wife of Elvis Presley.

In new court filings obtained by Rolling Stone, lawyer Lynn Walker Wright says she “vehemently denies” duping Presley into signing a stack of legal documents that Presley alleges were so “unconscionable” and damaging to her financial interests, they’re legally “unenforceable.” Walker Wright admits she represented Kruse in a separate legal matter before she represented Presley at the July 2023 document-signing meeting at the center of the case – where Kruse was an adverse party in the negotiations – but Walker Wright is adamant there was no conflict of interest. The lawyer also defends her decision to videotape Presley, her own client, at the meeting.

“I videotaped Ms. Presley’s meeting with me and her execution of all Florida documents prepared by me with her consent. I explained each document during the meeting and answered all questions she asked,” Walker Wright states in her new sworn declaration. “I had videotaped other clients executing estate planning and other documents in the past if I had any concern that a document would possibly later be contested.”

In her declaration, Walker Wright says Presley, 79, consented to the taping. She further states that she rescheduled the signing appointment twice to accommodate Presley’s schedule. She says the meeting finally took place the day after Presley purportedly had dinner with former President Donald Trump and his wife Melania at Mar-a-Lago and just hours before Presley flew back to California to attend the 2023 Golden Globes, the awards ceremony where Austin Butler would win a best acting award for his lead role in Baz Luhrmann’s Elvis biopic and Presley would see her daughter, Lisa Marie, for the last time before her unexpected death days later.  

Walker Wright filed her declaration as part of a new motion asking a Los Angeles County judge to reject the claims lodged against her in Presley’s blockbuster elder abuse lawsuit filed against her and Kruse, as well as Kruse’s husband and another business associate, in July. Walker Wright argues she has never lived or worked in California, so Presley shouldn’t be allowed to sue her in the Golden State.

In her underlying lawsuit, Presley claims Kruse is a “con-artist and pathological liar” who fraudulently induced her to form several closely held companies with Kruse at the helm. The company contracts gave Presley only minority shares in the ventures — just 20 percent in at least one case — even though Kruse received the exclusive license to profit off of Presley’s name, image, and likeness.

Presley has not commented on the legal war outside of her filings. In a declaration filed July 19 in Florida, she described the document signing held at Kruse’s home as predatory.

“Kruse arranged for me to be ‘represented’ by her friend, Lynn Walker Wright,” Presley wrote. “I was isolated from my advisors and asked to sign a series of agreements, one after the other, with little to no explanation of the contents of each agreement. For example, I was never advised that the agreements stated that I would be holding only a minority interest in these companies, in some cases, only 20% of the company. I had not been provided with any paperwork to review in advance, had not had an opportunity to have anyone review the paperwork before I was asked to sign it, and was not advised as to the nature of the paperwork in advance by Wright, my purported attorney.” 

A source close to the Dallas star tells Rolling Stone she’s “been through hell” in the last year as she’s been fighting to extricate herself from the disputed deals. “Priscilla is one of the nicest people,” the source says. “She’s just a very sweet and trusting woman.”  

Presley filed her elder abuse lawsuit two months ago after Kruse separately sued her for breach of contract in Florida last year. Kruse alleged in her dueling lawsuit that Presley illegally walked out on their agreements when her financial circumstances changed in the wake of Lisa Marie’s death. As Rolling Stone previously reported, Presley initially challenged a 2016 amendment to her daughter’s Promenade Trust that removed her as a co-trustee, but she quickly reached a generous settlement with granddaughter Riley Keough that granted her a $1 million lump-sum payment, $100,000 annual salary, and burial rights near Elvis at Graceland.

Kruse did not personally respond to Rolling Stone‘s request for comment sent Tuesday afternoon. Her Florida lawsuit hit a possible speed bump Tuesday when a judge agreed to let her lawyer, Jeffery Gilbert, withdraw from the case due to alleged “irreconcilable” differences. Kruse’s new lawyer, Kevin A. Reck, tells Rolling Stone he and his clients “look forward to vindicating our rights in these court proceedings.” He says Gilbert was “replaced” in the Orland case “in an effort to better align with the plaintiffs’ overall litigation strategy.” A hearing on Presley’s motion to dismiss the Florida lawsuit for lack of jurisdiction is set for November. 

Meanwhile, Walker Wright’s motion to be cut loose from the Los Angeles lawsuit is set for a hearing on Nov. 21. The judge on that case recently gave Presley an extension on her deadline to serve Kruse with the California complaint. Presley’s lawyers had alleged in a filing that Kruse and her husband were “evading service for no legitimate purpose other than to avoid facing liability in this action.” In his emailed response, Kruse’s lawyer denied his client was ducking service. “With regard to the scandalous allegations of the intentional evasion of service, these unfounded allegations are categorically denied,” Reck says.  

In a statement previously sent to Rolling Stone, a spokesperson for Kruse called Presley’s elder abuse lawsuit a “retaliatory” response to Kruse’s breach of contract case. “We are confident that the facts will speak for themselves and justice will prevail,” the statement said. “It saddens all of us who dropped our lives to provide aid to a woman who needed help and she is now attempting to use her celebrity status to ruin the lives of kind, hardworking people. Thank you to all of our supporters who have stood by us during this difficult time. We will continue to focus on our business and look forward to our day in court. The truth will come out by way of evidence and not rumors. There will be no further comment at this time as we respect the judicial process.”

Full Article & Source:
Priscilla Presley Elder Abuse War: Florida Lawyer ‘Vehemently Denies’ Conspiring With Auctioneer

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

Priscilla Presley challenges Lisa Marie trust amendment that names Riley Keough co-trustee

Venango County Woman Accused of Stealing Over $117,000 From Elderly Care-Dependent Woman

The victim’s checking account recorded 156 ATM withdrawals from October 2023 until July 2024 totaling $101,150.00.

by Jacob Deemer

VENANGO CO., Pa. (EYT) — A Venango County woman was arrested on Friday after an investigation revealed she stole over $117,000.00 from an elderly care-dependent woman.

According to court records, the Franklin Police Department filed the following criminal charges against 53-year-old Kimberly S. Ace, of Franklin, in District Judge Sue Haggerty’s office on September 5: 

• Financial Exploitation of Older Adult or Care Dependent Person, Felony 2
• Theft By Failure To Make Required Disposition of Funds, Felony 2
• Theft By Deception-False Impression, Felony 2
• Misapply Entrusted/Government/Financial Institution Property, Misdemeanor 2

According to a criminal complaint, Franklin Police were assigned a case of a possible theft from a care-dependent person reported on July 17 by the Venango County Area Agency on Aging.

It was reported that a known bank issued a notification that large sums of money had been transferred from the victim’s account to another bank account. The bank listed Kimberly Ace as the Power of Attorney over the victim’s accounts. Bank representatives then provided the victim’s banking statements from October 2023 until present, where it was reported three large monetary transactions were made from the victim’s account to another bank account, the complaint states.

During the investigation, Franklin Police interviewed the victim and advised her of the incident.

The victim stated that she and Ace went to an attorney for help with Power of Attorney documents. She advised that she signed over Power of Attorney to Ace in May 2023, and Ace was authorized to pay her bills and buy her food; however, Ace was not authorized to take large sums of money from her bank accounts, according to the complaint.

Police did not observe any possessions or upgrades within the victim’s residence that would indicate the money removed from the victim’s bank accounts was made for the victim’s benefit. The victim denied receiving any new items or currency from Ace, the complaint notes.

While speaking with the victim, Ace entered the victim’s residence, asking if everything was okay. An officer told Ace that everything was fine, at which point Ace said that police were “probably there for her,” the complaint indicates.

Ace then told police she had “mishandled” some of the victim’s money and that she had already signed Power of Attorney back over to a known attorney, the complaint continues.

The known attorney confirmed to police that he currently has Power of Attorney as the victim signed it over to him. The attorney also provided police with a document showing Ace listed as Power of Attorney over the victim’s finances starting on May 12, 2023, the complaint states.

Search warrants for Ace and the victim’s bank accounts were granted. The warrants showed the victim’s checking account, opened in October 2023, recorded 156 ATM withdrawals from October 2023 until July 2024, totaling $101,150.00, the complaint indicates.

The victim’s money market account recorded eight withdrawals totaling $16,242.00 from October 2023 until December 2023 and were endorsed by “Kimberly Ace POA,” according to the complaint.

The total amount stolen is $117,392.00, the complaint notes.

Ace was arraigned at 1:45 p.m. on September 6 in front of District Judge Patrick Lowrey.

She was released on $5,000.00 unsecured bail.

A preliminary hearing is scheduled for September 25, at 10:30 a.m., in Venango County Central Court. 

Full Article & Source:
Venango County Woman Accused of Stealing Over $117,000 From Elderly Care-Dependent Woman

Sartell Man Accused of Defrauding Homeowners, Vulnerable Adults

by Lee Voss

ST. CLOUD (WJON News) -- A Sartell man faces nine felony charges for allegedly defrauding four homeowners out of more than $200,000.

Forty-two-year-old Travis Peterlin is accused of stealing $200,236.01 from homeowners in Stearns, Sherburne, and Isanti counties. Some of the charges include exploiting vulnerable adults.

According to the charges, the thefts happened between the fall of 2022 and the summer of 2023 when Peterlin worked as an estimator for a local home improvement company.

The charges allege Peterlin would tell customers that the company wouldn't do specific work but that he could do it "on the side". He would then take down payments and fail to complete the work.

In one case, Peterlin is accused of convincing an Isanti County woman to loan him more than $50,000 to buy a pickup and trailer he never bought. He also allegedly collected checks worth thousands of dollars from the woman for work that was either never done or greatly exceeded what it should have cost. She told an investigator that she felt she was being overcharged but was too embarrassed to tell her children. The woman's power of attorney was not present during the transactions. Court records indicate the woman was swindled out of more than $143,000.

In a separate instance, a St. Cloud man allegedly lost more than $68,000. The man told authorities he did not remember writing the checks and wondered whether they were stolen from his bedroom. The charges allege the checks were all deposited into Peterlin's bank account.

In that case, Peterlin is also accused of coercing the man to write out a $15,000 check for a Habitat for Humanity home improvement grant application that doesn't exist.

The charges against Peterlin range from theft-by-swindle to check forgery to the financial exploitation of a vulnerable adult.

Peterlin has court appearances scheduled for October and November.

Court records show he was fired from the company in July of 2023 when the fraud was discovered.

Full Article & Source:
Sartell Man Accused of Defrauding Homeowners, Vulnerable Adults

Clarksburg (West Virginia) man charged with elderly exploitation, embezzlement

From Staff Reports

CLARKSBURG, W.Va. (WV News) — A Clarksburg man is accused of stealing money from an elderly woman and then continuing to financially exploit her estate after her death, according to the criminal complaint against him.

William Kehrer, 52, is charged with embezzlement by a fiduciary and financial exploitation of an elderly person after allegedly taking more than $250,000 from the accounts of an 87-year-old woman who is now deceased.

Kehrer is alleged to have moved $266,266 from the 87-year-old victim’s account into his own.

Although Kehrer made “a good-faith effort” by writing a check for $13,930 for the woman’s care to the Clarksburg Nursing and Rehabilitation Center, he kept the remaining $252,336 in his own account, Clarksburg Police Detective A.C. Vernon alleges.

“The remainder of the money was misappropriated by being moved to the defendant’s account, without being used to assist (the victim),” Vernon said in the complaint.

Kehrer also is alleged to have embezzled nearly $20,000 from the woman’s estate following her death.

Kehrer, as the fiduciary of her estate, is alleged to have failed to produce for appraisement a 2007 Dodge Durango valued at $7,000 and a refund check from the Clarksburg Nursing and Rehabilitation Center in the amount of $11,542.

Kehrer also is alleged to have taken around $1,008.86 from the estate to “pay utility bills.”

If convicted on the embezzlement charge, Kehrer could face a prison sentence of not less than one nor more than five years, according to state code.

If convicted on the financial exploitation charge, he could face a fine of not more than $10,000 and prison sentence of not less than two nor more than 20 years.

Full Article & Source:
Clarksburg (West Virginia) man charged with elderly exploitation, embezzlement

Guardianship Lawyers Urge NJ to Shift Fees for ‘Most Vulnerable’

by Alex Ebert

• Without fees indigent can’t fight for rights, counsel says
• State immunity leaves cost at feet of pro bono lawyers

Attorneys advocating for indigent elderly and mentally-ill New Jerseyans warned the state high court that rules forcing them to pay for expert witnesses out of their own pockets make it difficult for them to protect their clients.

Without fee-shifting to pay attorneys opposing the state in conservatorship cases that they otherwise take pro bono, “the house is on fire,” said Brian C. Lundquist, the attorney for a man with disabilities—referred to has Hank—in a two-hour oral argument Monday.

The dispute centered around Hank’s case in which the state, and all courts, praised the work of his attorneys. Sussex County initially sought a “plenary guardianship” stripping Hank, injured in a car crash, of most of his legal, financial, and healthcare rights. Two lawyers assigned to the case by the trial court found that made no sense considering his relative independence, and they got the county to change its mind and provide a limited guardianship after hiring a rebuttal expert.

The case centers on the question of who pays for the essential attorney time and medical expertise spent saving the man’s liberties.

The trial and appeals courts agreed with Sussex County that it’s small adult protective services branch—with an operating budget under $100,000—shouldn’t be forced to pay for this and other cases. The county argued it needs its cash to protect its “most vulnerable” citizens and the communities in which they lived.

Lundquist, in an argument that was heated and led to frequent interruptions between him and the justices, said he couldn’t hide his emotion.

“An affirmance would be akin to the clearest message you can send to any counsel assigned to represent these individuals that under all circumstances you will not be paid, and that includes all expenses for experts,” he said. “Don’t send that message. The house is on fire, let’s not argue about picking up the hose.”

Government Immunity

Under New Jersey law state and county protective services staff are tasked with evaluating those who potentially pose a danger to themselves or others with the help of hired experts to evaluate the capabilities of “allegedly incapacitated individuals.” Where possible the process leads to consent to government services ranging from housing to medicine.

However, sometimes a person’s capacity indicates they can’t consent and cases must be opened. Courts here assign attorneys to represent clients—often indigent—to ensure process is followed and citizens keep their rights where appropriate, but it doesn’t always pay for those experts or the lawyers’ time.

The courts should only charge the state shifted-fees if there are damages involving malfeasance on the part of the government, William G. Johnson, Sussex County’s attorney said. Otherwise, there would be an incentive for the system to break down, and for opposing attorneys to prolong litigation to seek higher fees.

The New Jersey Attorney General, which came in supporting the county, agreed with Johnson. They both said that fees, and maybe even expert witness fees, should be the responsibility of pro bono counsel.

“I’m sympathetic, but that’s what we should expect members of the bar to do,” Johnson said. “Because we’re a dedicated profession, we’re called upon to do these things.”

Rules, Statute Interplay

All of the justices wrestled with the lack of a statute on-point regarding the fees at issue. In other contexts, like public defense of criminal defendants, there’s a pathway for payment of essential expert reports for pro bono counsel.

Deputy Attorney General Stephen J. Solcum tried to move the judges to a standard somewhat in between Lundquist and Johnson.

He said that allegedly incapacitated persons’ counsel should be able to apply, in advance, for the court to get an expert to rebut the state. Then the court could later use its discretion to potentially split the fee between the litigants.

However, upon pressing by the judges, he agreed that logically that process doesn’t align with the state’s statute that provides broad immunity to the state and a guardianship court rule that allows courts to grant potential fee shifts with their discretion.

Lundquist said trying to square those two legal sources was “impossible game of ‘go fish.’” Instead, he would just leave the matter up to the trial court, granting judges wide discretion to pay for experts and award attorneys that go the extra mile for clients.

Otherwise, he said, New Jersey should expect counties to always seek plenary guardianships. Government workers don’t want to be blamed if people they’re overseeing “get out of an apartment and get hit by a car crossing the street.”

Because of that incentive, he said, the state will default to more protection than may be needed, and their experts need to be rebutted because they’re preferences align with the state.

“You know the thing about experts,” Lundquist said. “I can get you whatever opinion you want if you pay the right price.”

The case is In the Matter of A.D., an Allegedly Incapacitated Person, N.J., No. A-30-23, 9/9/24.

Full Article & Source:
Guardianship Lawyers Urge NJ to Shift Fees for ‘Most Vulnerable’

Joplin woman accused of exploiting elderly, blind woman heads to trial

by: Bobbie Pottorff

JOPLIN, Mo. — A Joplin woman accused of stealing large sums of money from an elderly, blind woman will go to trial.

Tammy Tripp, 51, waived her preliminary hearing on Thursday and was bound over for trial.

Tammy Tripp, 51

Prosecutors charged Tripp with financial exploitation of an elderly disabled person back in June.

Tripp is accused of stealing nearly $717,000 from the elderly woman’s bank and retirement accounts.

An investigator for the Missouri Department of Health and Senior Services says once the elderly woman’s family learned about the possible fraud, Tripp and her husband removed the woman from an assisted living facility and hid her at a camper park in Oklahoma.

Authorities say Tripp also allowed her daughter to access the elderly woman’s bank account and get $93,000 to purchase a house.

Tripp is still sitting in the Jasper County Jail on a $50,000 dollar cash-only bond.

Full Article & Source:
Joplin woman accused of exploiting elderly, blind woman heads to trial

Sale of 15 Bankrupt Nursing Homes in Pennsylvania in Jeopardy Amid Rising Closures

By Zahida Siddiqi

The sale of 15 bankrupt nursing homes in Pennsylvania might be under jeopardy, putting more residents in the state at risk of being displaced.

The sale is part of a financial reorganization plan of the nursing homes’ former owner South Hills Operations, a New York-based nursing home operator currently undergoing Chapter 11 bankruptcy. South Hills filed for voluntary protection from creditors May 17 under Chapter 11 of the U.S. Bankruptcy Code.

On Wednesday, the U.S. Department of Justice (DOJ) entered a $35.8 million judgment against South Hills Operations in Pittsburgh’s bankruptcy court, emphasizing South Hills was “jointly and severally liable” for underpaying its workers. A judge ruled earlier that South Hills Operations had “acted with malicious self-interest” in underpaying wages for 5,595 nursing home employees over a period of many years.

The nursing homes that could be impacted are located across seven counties in Western Pennsylvania. Together, these 15 for-profit nursing homes have a combined capacity of 2,046 patients.

The latest judgment follows a court ruling in July, in which four nursing homes in the Pittsburgh area that were part of the South Hills restructuring plan, succeeded in avoiding closure after an agreement was reached to sell the properties to New York-based WeCare Center. 

The court eventually approved the sale of the four nursing homes to WeCare, which operates 10 facilities between the two states, with the condition that these facilities be sold “free and clear of all liens, claims, encumbrances, and interests.” The sale, initially slated for completion on July 15, faced potential collapse if not finalized. The bankruptcy court is scheduled to hold a hearing next week to address the sale of the nursing homes, according to an article in the Pittsburgh Post Gazette.

If the government’s claim is upheld, the other facilities will also be impacted. 

This news comes amid a spate of closures and bankruptcies in Pennsylvania. Residents at Mountain View Care and Rehabilitation Center were relocated after its closure. Also, LaVie Care Centers, which has 9 facilities in the state, filed for Chap. 11 in spring. And last month, Guardian Healthcare, another long-term care provider based in the state, also sought Chapter 11 protection, affecting 19 nursing homes, pharmacies, and related businesses in Pennsylvania and West Virginia.

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Sale of 15 Bankrupt Nursing Homes in Pennsylvania in Jeopardy Amid Rising Closures

Woman sought for exploiting elderly person arrested

By Cesar G. Rodriguez

A woman wanted for exploitation of an elderly person has been arrested, according to the Webb County Sheriff’s Office.

Authorities said on Friday that Norma Lisa Gonzalez was arrested in Kleberg County and served with a warrant charging her with exploitation of a child, elderly individual or special needs person, a third degree felony.

“I thank the community for all your help in capturing the suspect. Exploitation of our senior citizens will not be tolerated," said Sheriff Martin Cuellar in a statement.

"Elderly abuse and exploitation is one of the most heinous crimes and we must all do everything in our part to ensure that perpetrators are brought to justice."

Cuellar encourages the community to report suspicious activity at (956) 415-BUST (2878) or (956) 523-4408. Information leading to an arrest may be eligible for a cash reward.

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Woman sought for exploiting elderly person arrested

Caught on audio: Oakland Co. judge called self a 'new racist,' used gay slurs

by Kara Berg

An Oakland County Probate Court judge who was removed from her docket last week for "unprofessional conduct" made a series of comments about Black people and used gay slurs, including at least two against Oakland County Executive Dave Coulter, before her removal, according to audio recordings obtained by The Detroit News.

The six recordings were verified Thursday by Coulter's office and Oakland County Board of Commissioners Chairman David Woodward as being the voice of Probate Court Judge Kathleen Ryan. They include graphic statements about Coulter, who is gay, and refer to Black people in the United States as "lazy."

detroitnews · Calls Coulter a gay slur

The recordings are now connected to a state judicial misconduct investigation into Ryan, Coulter spokesman Bill Mullan said Thursday. Ryan, who was removed from her docket on Aug. 27, will remain on leave by order of the chief Oakland County Probate Court judge pending the outcome of a Judicial Tenure Commission investigation, Mullan said.

It's unclear when the recordings, which altogether last roughly a minute, were made or if Ryan consented to be recorded.

Ryan did not respond Thursday night for comment, and her attorneys couldn't be immediately reached.

Probate Court Administrator Edward Hutton declined to comment on Ryan's removal but told WXYZ-TV (Channel 7) for a story published Thursday that he is the one who recorded the audio of the judge and submitted a sexual harassment complaint against Ryan. He also said he sent the recordings to Michigan Supreme Court Chief Justice Elizabeth Clement, Coulter and other public officials on Aug. 22, months after he sent Oakland County Chief Probate Judge Linda Hallmark a notice of sexual harassment and nothing happened.

“I just want to make it right,” Hutton told WXYZ. “I haven't filed a lawsuit. I'm not looking for a payday. I want to keep my job and do it in peace. And I want the people in Oakland County that come to court to get a fair shake, to have their day in court, to have an unbiased trier of fact."

Hallmark said when Hutton reported the sexual harassment to her in May, she immediately contacted the State Court Administrator’s Office and the county. He did not give her any of the recordings until last week, she said, when she removed Ryan from her docket. She said Hutton sent the recordings out without her knowledge. 

“As soon as I heard recordings, I took immediate action,” Hallmark said. 

She declined to comment on the recordings other than noting they were “obviously troubling.” 

In the recordings, Ryan can be heard calling Coulter a gay slur and telling him to "put that in your f------ a-- and stuff it." She said Coulter was "more concerned about the f------ AIDS vaccinations."

The recordings were short and did not give any context for the rest of the conversation. It is unclear where or when they were recorded.

Ryan is heard in the audio saying that "as far as I’m concerned, (Coulter's) a skinny White girl."

Ryan also made a comment about how Black people from countries other than the U.S. are better and that "if you're an American Black person, then you’re a f------ lazy piece of shit."

"Like I said before, I was not racist before. I f------ h---, I am now," Ryan said. "I really f----- am now. I can honestly say that. OK, I’m not systemically racist, I’m a new racist. I never was, but now I am because you're shoving this s--- down my throat, making allegations that you don’t know s--- about. You’re telling me who I am and you’ve never f------ met me."

The probate judge also said another person is a "fucking c---sucker. He’s just a dick. I have no use for him."

“There is absolutely no place for harassment of any kind or for racist or homophobic language by anyone at Oakland County, especially by someone the public must be confident will act fairly and impartially," Coulter said in a statement. "The alleged conduct and abhorrent comments made by Judge Ryan merited her removal from the Probate Court docket pending further investigation. I have confidence that the agencies reviewing this matter will treat it with the seriousness it deserves and will take further action if warranted.”

Woodward, the board chairman, said if what Ryan said on the recording is true, she "needs to do the right thing and save the people of Oakland County the embarrassment and resign immediately."

"I can't express enough the disappointment and disgust I felt after hearing (the recordings)," Woodward said. "Bottom line, this type of hate speech dishonors the black robe, corrupts blind justice, and costs a loss of public trust in our judicial system."

Judicial Tenure Commission Executive Director Lynn Hellend has declined to confirm if there was an investigation into Ryan. The commission handles investigations into judicial misconduct on or off the bench, and most cases are handled confidentially within the commission. It is rare for judges to be removed in general, especially before their case is adjudicated.

Ryan does not have any previous public Judicial Tenure Commission complaints, according to the JTC website.

Ryan has been on the bench in Oakland County since 2010. She ran unopposed in 2022 and is next up for election in 2028.

Ryan was charged with misdemeanor domestic violence in 2021, but the case was dismissed in March 2022. The Oakland County Prosecutor's Office did not respond for comment on why the case was dismissed.

Full Article & Source:
Caught on audio: Oakland Co. judge called self a 'new racist,' used gay slurs 

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Oakland Co. probate judge removed from docket pending misconduct investigation

Florida lawyer swindled over $1.5M from trust fund set up for Pennsylvania siblings: Sheriff

Jason Penrod is charged with first-degree felony grand theft of over $100K

By Greg Wehner 

A Polk County, Florida, attorney was arrested for stealing nearly $2 million from a trust set up for a Pennsylvania brother and sister by their now-deceased father.

Polk County Sheriff Grady Judd said during a press conference on Thursday afternoon that 47-year-old Jason Penrod of Family Elder Law has been arrested and charged with first-degree felony grand theft of over $100,000.

Judd said that his office had received complaints on July 25 and July 29 about Penrod that are still under investigation and pending the return of bank records.

But on Aug. 2, a complaint was filed with the Pennsylvania State Police, accusing Penrod of ripping off a brother and a sister who had a trust from their now-deceased father.

Judd said that Penrod had flown to Pennsylvania to look the trustees in the eye and say, "I took your money. Not only did I take your money, I took $1.7 million. I wiped out the trust. But I’m going to pay it back."

The sheriff also said Penrod told the siblings he had a gambling addiction and gambled the money away at the Seminole Hard Rock Casino in Tampa.

After Penrod blamed the loss of money on his gambling addiction, he then said he would pay it back with interest like a "short-term-loan," Judd said.

The suspect also allegedly provided a litany of excuses, Judd explained, saying that he had repressed memories, post-traumatic stress disorder (PTSD), trauma, numbness and stress.

When Penrod returned, he allegedly checked himself into a facility to be treated for his gambling addiction, and as the investigation continued, Judd’s investigators learned that there were at least two more victims, bringing the number of victims to four, and the total loss to about $4 million.

Judd said Penrod had agreed to give up his law license before refiling so he can make the money to pay it back.

"This guy’s delusional, among all of his other excuses," Judd said.

The sheriff said his investigators and the state’s attorney are going to do what they can to send Penrod to prison "for a very long time."

The one crime he has been charged with so far, grand theft of over $100,000, carries a maximum prison sentence of 30 years.

Adding to the number of excuses Penrod allegedly gave for draining the account, Judd said the suspect considered suing the Hard Rock for letting him gamble there.

"Now, you tell me that this guy doesn’t have a hitch in his giddy up," Judd said. "He’s got about five brain cells, and three of them he left in the Hard Rock. And now, he’s locked up and going to prison. That’s our goal."

Judd provided additional details about the alleged swindles that Penrod is accused of conducting.

One of the victims is a 93-year-old woman whose husband and two sons died. One of the sons had left his mother a trust to help take care of her. That money is now at the Hard Rock, according to Judd.

"Jason stole the money, and by his own confession, he was spending the money at the Hard Rock," the sheriff said. "Now he’s trying to hide behind mental illness. He’s not mentally ill. He’s a thief. He’s an absolute thief."

Judd said the investigation into Penrod is underway, and it is unknown how many other cases or victims there may be.

He also said there may be people who lost money and do not even know they lost the money because they get paid out only once or twice a year.

Still, Judd alleges that Penrod stole millions of dollars.

"The worst kind of criminal is the one that hides behind a coat and a tie and steals money with a law license or a professional license of any kind," Judd said. "So, at the end of the day, Jason, you’re not going to have a royal flush, but you have a jailhouse flush that’s guaranteed from us."

Full Article & Source:
Florida lawyer swindled over $1.5M from trust fund set up for Pennsylvania siblings: Sheriff

'Hero Dog' saves owner from danger during intense Monsoon storm

She says he never barks, but when severe weather caused major damage outside of her building, her dog did something he normally never does.

Source:
'Hero Dog' saves owner from danger during intense Monsoon storm