Showing posts with label Murder. Show all posts
Showing posts with label Murder. Show all posts

Sunday, March 28, 2021

Exploitation, theft charges for Wilmington man who allegedly killed his father

by Allison Ballard

Flynn Thomas Gruidl
As of Wednesday, a Wilmington man who is accused of killing his father is facing two more felony charges. 

Flynn Thomas Gruidl, 45, was served warrants relating to obtaining property by false pretenses and the exploitation of a disabled or elderly adult, according to the New Hanover County Sheriff's Office. 

The warrants allege in May 2020, Gruidl transferred $134,000 from his parents’ account without his mother’s authorization to a joint account that he shared with her and then spent the money.  

In November, Gruidl was arrested and charged with first-degree murder after his father died as a result of blunt force trauma wounds, according to the New Hanover County Sheriff's Office. 

Gruidl remains at the New Hanover County Jail on a $2 million bond. 

Full Article & Source:

Sunday, January 17, 2021

Palm Desert caretaker sentenced for overdose murder of 69-year-old

By Jesus Reyes, City News Service


A Palm Desert woman was sentenced on Monday for the 2016 murder of a 69-year-old woman in her care.

Marilyn Joy Zemek, 62, was sentenced to a total of 30 years to life in prison after being convicted of first-degree murder, elder abuse causing death, two counts of grand theft, identity theft, and perjury.

The jury also found true a sentence enhancing of taking more than $100,000 during the commission of two felonies involving fraud.

Marilyn Joy Zemek
Zemek became the paid caregiver of Pamelia Sue Heislar-Powell, 69, of Indio in April 2016. On June 17, 2016, Heislar-Powell was found dead.

Heislar-Powell had serious health conditions and could not care for herself. She had also overdosed on her seizure medication not long before Zemek was hired.

Zemek and Powell met at a Palm Desert “Botox party” in late 2015, and “within a few weeks, Zemek managed to become a major part of Powell’s life,” according to an arrest warrant affidavit.

Heislar-Powell overdosed again while under Zemek's care. This incident led to Heislar-Powell being hospitalized and later placed into a skilled nursing facility.

Prosecutors said that Heislar-Powell was not allowed to make medical decisions for herself, but was signed out of a medical facility in late May against her doctor's advice at Zemek's behest.

One week prior to her death, the victim drafted a new will giving Zemek power of attorney and naming her as the beneficiary on Powell's Edward Jones brokerage account and the recipient of all her possessions, including "every item in the victim's house,'' court documents say.

The new will superseded one that Powell drafted in November 2015 naming
several others as her beneficiaries, according to court documents. Zemek was not among those listed in that document.

After the new will was drafted, Zemek left Heislar-Powell alone with medications she was no longer supposed to take.

According to court documents, in the months prior to Heislar-Powell’s death, her health deteriorated rapidly, with three hospitalizations due to phenobarbital overdoses or intoxication that led her doctor to remove the drug from her medication list in April 2016.

Prosecutors said that after Zemek became Powell's primary caretaker, she continued providing the drug to Powell, who suffered "altered mental states, disorientation, delusions and confusion'' during hospital stays in early 2016, according to medical records and accounts from Powell's neighbors and friends.

Heislar-Powell died after overdosing on phenobarbital.

Neighbors said Zemek was inside Heislar-Powell's home at Avenida Viesca in Indio for about 90 minutes before calling 911 to report her death, the affidavit says.

Following Heislar-Powell’s death, investigators found that more than 100 charges, totaling nearly $8,000, were made on her credit card, according to the declaration. When the account was frozen, Zemek successfully restored access to the account by claiming she was Powell. She was allegedly captured on video footage making some of the purchases on Powell’s credit card.

Zemek also filed probate paperwork in Nevada to become appointed special administrator to Powell’s estate and “withdrew $201,634 in three cashier’s checks made out to herself from Powell’s account,” the affidavit alleges.

Zemek was arrested on June 12, 2018 by Indio police near Frank Sinatra Drive and Portola Avenue in Palm Desert.

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Monday, December 14, 2020

Jacksonville woman arrested in mother's elder-abuse death

Iris Vanessa Kinamon
by Dan Scanlan

A 65-year-old Westside woman is behind bars after her 92-year-old mother died following weeks of hospitalization from apparent elder abuse, the Jacksonville Sheriff's Office announced Thursday.

Iris Vanessa Kinamon, initially charged last month with aggravated elderly abuse, was rebooked Wednesday night on a second-degree murder charge, jail records show. She was her mother's primary caregiver at their home on West Alfredo Drive off Ortega Farms Boulevard, according to her arrest report.

Officers were first called to Orange Park Medical Center early Nov. 3 to investigate a possible case of elderly abuse after the victim was brought in with a severe cut on her left leg, according to the arrest report.

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Saturday, March 16, 2019

Sisters arrested in Florida after admitting they 'euthanized' father in 2015, sheriff says

Mary-Beth Tomaselli, left, and her sister, Linda Roberts, right, allegedly confessed to killing their father, Anthony Tomaselli, in 2015 after he refused to enter an assisted living facility, officials said on Tuesday. (Pinellas County Sheriff’s Office)
Two sisters were arrested in Florida on Tuesday for allegedly admitting to law enforcement that they killed their father as part of a "premeditated" act four years ago because he refused to enter an assisted living facility.

Mary-Beth Tomaselli, 63, and Linda Roberts, 62, were taken into custody after they detailed to a male confidant whom they befriended in recent months what they had seemingly done, Pinellas County Sheriff Bob Gualtieri told reporters on Tuesday.

Roberts told the man — who recorded his conversations with her — that she and Tomaselli "euthanized" their father, Anthony Tomaselli, in March 2015, when he was 85 years old. The sheriff said that "Linda gave very specific details about how she and Mary-Beth killed their father."

The women said "they had killed their father, and had, quote, 'euthanized' him because he had been ill" and refused to go to an assisted living facility, according to the sheriff. He added, "They knew he would die sometime in the next couple of months, so they decided to euthanize him."

The sisters allegedly gave their father a concoction of alcohol and an "excessive" amount of sleeping pills "with the hope that it would kill him." However, the sheriff said Tomaselli put too much alcohol in the drink, which diluted it.

Their father was laying on the couch with labored breathing, but it didn't appear that he would die.

That's when, according to officials, "Linda tried to suffocate him by placing a pillow over his face, and when that didn’t work, Linda took a rag and stuffed the rag down his throat." At that point, the sheriff said, "Mary-Beth then pinched his nose close and held his arms until he stopped breathing and died."

Tomaselli told authorities that the situation was "weird" because after they allegedly killed their father, he "still had a pulse due to having a pacemaker despite being dead."

During this time, Tomaselli allegedly drugged her adult daughter who was in the house with sleeping pills, too, so she wouldn't have to be awake as her grandfather was "euthanized."

Once their father was dead, the daughters sold the home and split a $120,000 profit with their brother, who the sheriff's office said wasn't involved in the father's murder.

Both Tomaselli and Roberts were arrested and charged with first-degree murder, officials said.

Full Article & Source:
Sisters arrested in Florida after admitting they 'euthanized' father in 2015, sheriff says

Friday, March 15, 2019

He Wanted His Wife’s Fortune. So He Killed Her, Then Tried Framing His Daughter.

© Jefferson Siegel for The New York Times Roderick Covlin appeared in State Supreme Court in Manhattan on Wednesday where a jury found him guilty of murdering his wife, Shele Danishefsky Covlin in 2009.
by Jan Ransom

The 9-year-old girl woke up early one morning in December 2009 and found her mother facedown in a bathtub filled with bloody water inside their Manhattan apartment. Above the tub, a cabinet door had been nearly pulled off the hinges.

The girl’s father, who was estranged from her mother and lived across the hall, said the panicked girl had called him, and he had called 911. He told the police that he had tried to revive his wife. Investigators initially determined that her death was an accident. Within days, she was buried, without an autopsy, per the wishes of her Orthodox Jewish family.

But on Wednesday, nine years after the woman, Shele Danishefsky Covlin, 47, was discovered dead, a jury found her husband, Roderick Covlin, 45, guilty of her murder.

The verdict came after a yearslong investigation and an eight-week trial in State Supreme Court in Manhattan. Prosecutors portrayed Mr. Covlin as a heartless schemer who would stop at nothing to collect his wife’s money, who used his children as pawns in his machinations and even took steps to frame his daughter for the murder.

As the verdict was read, Mr. Covlin dropped his head and closed his eyes. The victim’s siblings and their spouses, who had attended the trial every day, embraced each other and wept.

“The wheels of justice turn very slowly, and we always had confidence that ultimately this day would come,” Ms. Danishefsky Covlin’s brother-in-law, Marc Karstaedt, said. “Finally, after nine years, we have justice for our beloved Shele.”

Mr. Covlin’s lawyer, Robert Gottlieb, said he would appeal the verdict.

The trial turned largely on circumstantial evidence that pointed to Mr. Covlin as the only person with a key to the apartment who had a motive to kill Ms. Danishefsky Covlin, a wealthy finance executive. Prosecutors said that Mr. Covlin strangled her to death because he wanted to inherit her fortune, then staged the crime scene to look like an accidental drowning. She had planned to cut him out of her will that same day.

“His primary motive was pure, unadulterated greed,” the lead prosecutor, Matthew Bogdanos, told jurors in his opening statement.

Still, jurors were challenged in determining what happened on New Year’s Eve 2009 inside Ms. Danishefsky Colvin’s apartment at the Dorchester Towers, a luxury building on West 68th Street, a few blocks from Lincoln Center.

The police, who initially thought it was an accidental death, did not immediately dust for fingerprints, or collect DNA. Nor did they secure items in the bathroom for evidence. They took no notes and spoke to only a few neighbors. They never searched Mr. Covlin’s apartment or the building’s common areas for evidence. They even allowed the family’s rabbi to clean the bathroom with peroxide, eliminating any evidence of blood.

© Jefferson Siegel for The New York Times Eve Karstaedt (right in red), Ms. Danishefsky Covlin’s sister, cries in reaction to the verdict on Wednesday. 

Mr. Gottlieb said in closing arguments on Monday that there was no way to determine who had murdered his client’s wife, largely because detectives had botched the investigation.

“It is impossible to know beyond a reasonable doubt what happened to Shele Covlin, how it happened and why it happened,” he said.

Because Ms. Danishefsky Covlin was buried without an autopsy, the cause of death was undetermined for several months. But as suspicions grew regarding Mr. Covlin, the family had her body exhumed, and in April 2010, a medical examiner determined that she had been strangled, her neck squeezed with such force it fractured the hyoid bone, causing bleeding in her right eye.

Still, it took five more years before prosecutors had enough evidence to arrest and charge Mr. Covlin, a self-proclaimed martial arts expert, with her murder.

Ms. Danishefsky Covlin had been married to Mr. Covlin for 11 years, and before her death had confided in family members and close friends about his erratic and abusive behavior, according to testimony and evidence presented at trial.

She wrote to her sister, Eve Karstaedt, in January 2009 that she was “very scared that at some point in the future all his anger and rage may result in something bad happening — he really can’t control his temper.”

The children’s babysitter, Hyacinth Reid, testified that one day Mr. Covlin was screaming at Ms. Danishefsky Covlin so loudly inside their apartment that he could be heard in the hallway. Later, Ms. Reid said, Ms. Danishefsky Covlin told her Mr. Covlin had thrown her to the floor.

Ms. Danishefsky Covlin filed for divorce in May 2009 and was planning to remove him from her will. That angered Mr. Covlin, who prosecutors say was often unemployed, and dependent on his wife and her family’s largess.

Prosecutors described Mr. Covlin as an impecunious professional backgammon player who risked losing his children and his lavish lifestyle if the divorce was approved. He wanted his wife dead, Mr. Bogdanos said, because he was set to receive about $5 million from her estate.

Ms. Danishefsky Covlin met Mr. Covlin at a Jewish singles party at Le Bar Bat, a bar in the Hell’s Kitchen neighborhood of Manhattan in February 1998, prosecutors said. They were engaged in a matter of weeks, despite an age difference of 11 years. Two years later, they had their first child, Anna.

Ms. Danishefsky Covlin was a senior vice president for private wealth management at UBS, while Mr. Covlin was an unsuccessful stockbroker who went to school, traveled for backgammon tournaments and had tried his luck in a number of financial ventures that Ms. Danishefsky Covlin helped fund, court records show. He also spent countless hours pursuing women for sex, prosecutors said.

On their 10th anniversary, Mr. Covlin told Ms. Danishefsky Covlin that he wanted an open marriage, and she objected, prosecutors said.

They separated in April 2009. She rented the apartment directly across the hall from hers for him because she did not want to disrupt the children’s lives — they had a second child, a son, by then. She also gave Mr. Covlin a set of keys to her apartment, a decision prosecutors said cost her her life.

For the rest of the year, the divorce and custody battle became increasingly bitter. Mr. Covlin, who had lost his job at Pragma Securities, a financial consulting firm, told a Family Court judge that he could no longer afford to pay child support. In response, the judge forbade him to spend money to attend backgammon tournaments. “All of which led to his growing, obsessive, all-consuming hatred of her,” Mr. Bogdanos said.

A month after they separated, Mr. Covlin tried to sabotage his wife, according to court records, telling her employer that she used drugs and had stolen money from their joint account. Two months later, he coached their 3-year-old son, Myles, to falsely accuse Ms. Danishefsky Covlin of sexual abuse, prosecutors said.

Patricia Swenson, a woman Mr. Covlin met online, testified that he had told her in August of that year that he wanted to kill his wife or to have her die some other way.

Prosecutors say that Mr. Covlin followed through on his word, but his attempts to obtain his wife’s money after her death stalled after he became mired in a legal battle with her brother, along with a custody dispute over the children.

For Mr. Covlin, custody of the children meant access to the millions of dollars his wife had left for them. In the end, however, his parents, David and Carol Covlin, of Scarsdale, became the children’s guardians.

Mr. Covlin, who moved in with his parents, assaulted his mother in September 2011, slamming her headfirst into a wall, and attacked his father two months later, according to court records. He also took $84,000 from his children’s college fund.

By the fall of 2012, Mr. Covlin had laid out several plans to kill his parents but didn’t carry them out, according to testimony and court records. “His anger and rage was uncontrollable,” another girlfriend, Debra Oles, testified, saying Mr. Covlin had tried to recruit her to help with his schemes.

In January 2013, Mr. Covlin instructed his daughter, Anna, who was then 12, to accuse her grandfather of rape, according to court records. But the girl balked.

Later that year, Mr. Covlin plotted to kidnap Anna and take her to Mexico, where he would pay someone $10,000 to marry her in order to emancipate her from her grandparents, prosecutors said in court papers. That plan also never came to pass.

While Mr. Covlin continued to concoct plans to get his children back and to regain access to their inheritance, he was the primary suspect in the ongoing murder investigation.

In one of his final acts before being arrested, court papers say, Mr. Covlin devised a plan to frame his daughter for Ms. Danishefsky Covlin’s murder. In June 2013, he composed a false murder confession in her email account as if it were written by her.

“I lied,” Mr. Covlin wrote, pretending to be his daughter. “She didn’t just slip.”

Full Article & Source:
He Wanted His Wife’s Fortune. So He Killed Her, Then Tried Framing His Daughter.

Saturday, September 22, 2018

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

Bail has been set at $30,000 each for two women accused of taking more than $50,000 from an elderly relative — and prosecutors have filed a similar charge against a man serving 49 years in prison for a deadly 2015 shooting that brought the reported exploitation to light.

Although the charges are not directly related to the shooting, police said the investigation into that case spurred them to look into the financial dealings of the man charged in Andrew Maul’s death, as well as his wife and daughter.

Robert H. Gill, 64, was arrested in the Sept. 11, 2015, shooting and subsequently pleaded guilty. He now is charged with financial exploitation of an elderly person involving a relative.

“Gill was the guardian for the [relative] and it looks like he was removing money and putting it into his account,” Police Lt. Doug Thompson told the State Journal-Register.

After Gill’s arrest, a family member raised questions about unusual transactions involving the purported victim’s finances.

Authorities maintain Gill’s daughter, Jewell Maul, 38 — the ex-wife of Andrew Maul — and Gill’s wife, Joyce Gill, 63, knew what was going on with the account and used it for withdrawals and deposits, according to WLDS News.

Both were charged Monday with Class 1 felonious financial exploitation of an elderly person. They were being held Tuesday in the Morgan County jail.

Financial exploitation of an elderly person or a person with a disability becomes a Class 1 charge if “the value of the property is $50,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more.”

Robert Gill pleaded guilty in November to one count of intentional murder in Andrew Maul’s shooting death and was sentenced to 45 years. He was given another four years for one count of aggravated residential arson after setting fire to the home of Andrew Maul’s mother, Debbie Bartz, soon after the shooting.

As a part of the deal, three counts of murder and one count of residential arson were dismissed.

Special prosecutor Ed Parkinson is handling the exploitation case. He also prosecuted the murder and arson charges.

Full Article & Source:
Man who pleaded guilty in deadly shooting now accused with wife, daughter of elderly exploitation

Thursday, July 19, 2018

Florida Woman Accused of Killing her Mother After Being Left Out of Her Will


A Broward County woman reportedly killed her 85-year-old mother after she learned she was left out of her will, authorities said.

Gabriela Perero, 53, learned she was the only one of her siblings left out of her mother's will and wouldn't be getting an inheritance.

A police report said she became angry at this news, pushed her mother, Luisa Perero onto the floor last Thursday, grabbed her arms and "ripped her skin off."

The Associated Press reported that she cleaned her mother up after, put her into her bed and called 911. Her mother died the next day.

Police say she was charged with premeditated murder and aggravated battery on a person over 65.

Source:
Authorities: Broward County woman kills mom after being left out of her will

Saturday, April 9, 2016

Texas hospice owner ordered nurses to overdose patients, FBI says


DALLAS – The owner of a Dallas-area hospice ordered nurses to increase drug dosages for patients to speed their deaths and maximize profits, according to an FBI affidavit.

A copy of the affidavit for a search warrant obtained by KXAS-TV in Dallas-Fort Worth alleges Brad Harris ordered higher dosages for at least four patients at Novus Health Services in Frisco. It's unclear whether any deaths resulted from overdoses of drugs like morphine.

Harris has not been charged. The FBI on Wednesday declined to say whether an investigation is ongoing.

The warrant refers to an FBI raid on the hospice in September. It alleges Harris sent text messages to workers such as, "You need to make this patient go bye-bye." On another occasion, Harris told administrators during a lunch meeting that he wanted to "find patients who would die within 24 hours."

In at least one instance, an employee refused to follow orders to increase a dosage, the warrant said.

The document explains that federal reimbursements can diminish the longer a patient receives care. A provider eventually can be forced to return federal payments.

A woman who answered the phone Wednesday at Novus declined to comment. Attempts to reach Harris for comment on Wednesday were unsuccessful. A working number for him could not be found; listings for a Brad Harris in the Dallas and Houston areas had either been disconnected or turned out not to be his. The Associated Press also sent a request for comment to two email addresses believed to be his.

Harris, 34, is an accountant who founded Novus in 2012, according to KXAS, citing state records.

Novus' website says the company offers hospice and home health care services.

The FBI investigation of Novus, which included interviewing several employees, began in 2014 and initially focused on allegations that the company sought federal reimbursements for patients recruited by Novus who didn't qualify for services, according to KXAS.

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Texas hospice owner ordered nurses to overdose patients, FBI says

Tuesday, March 1, 2016

Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?


Scott Barrow’s reflection in a portrait of his mother, Elizabeth Barrow, who was killed at a nursing home in 2009
Elizabeth Barrow celebrated her 100th birthday at a backyard gathering with her son and three grandchildren in the coastal Massachusetts town where she raised her family and cooked lunches in a school cafeteria.

A month later, in September 2009, Mrs. Barrow was found dead at a local nursing home, strangled and suffocated, with a plastic shopping bag over her head. The killer, the police said, was her 97-year-old roommate.

Workers at the nursing home, Brandon Woods in South Dartmouth, Mass., had months earlier described the roommate in patient files as being “at risk to harm herself or others.”

After a police inquiry, the roommate — despite her age and dementia — was charged with murder.

The authorities did not focus on the nursing home, though. Brandon Woods claims that, except for some minor arguments, the two women got along nicely. When the roommate was deemed unfit to stand trial and committed to a state hospital, the sensational case that shocked this corner of New England essentially disappeared.

More than six years after the killing, Mrs. Barrow’s only son, Scott, is still trying to hold the nursing home accountable. “The woman had a history of problems,” Mr. Barrow said of the roommate in an interview this month. “She should not have been living in that room with my mother.”

Mr. Barrow was barred from taking Brandon Woods to court in 2010 because his mother’s contract with the nursing home contained a clause that forced any dispute, even one over wrongful death, into private arbitration.

He has been trying ever since to get back to court, and next month he will finally get that chance. A Massachusetts state court is scheduled to hear Mr. Barrow’s case against the home, which has evolved into much more than a lawsuit about one woman’s death. It has become a crucial test of a legal strategy to prevent nursing homes across the country from requiring their residents to go to arbitration, where there is no judge or jury and the proceedings are hidden from public scrutiny.

Arbitration clauses have proliferated over the last 10 years as companies have added them to tens of millions of contracts for things as diverse as cellphone service, credit cards and student loans.
Nursing homes in particular have embraced the clauses, which are often buried in complex contracts that are difficult to navigate, especially for elderly people with dwindling mental acuity or their relatives, who can be emotionally vulnerable when admitting a parent to a home.

State regulators are concerned because the secretive nature of arbitration can obscure patterns of wrongdoing from prospective residents and their families. Recently, officials in 16 states and the District of Columbia urged the federal government to deny Medicaid and Medicare money to nursing homes that use the clauses. Between 2010 and 2014, hundreds of cases of elder abuse, neglect and wrongful death ended up in arbitration, according to an examination by The New York Times of 25,000 arbitration records and interviews with arbitrators, judges and plaintiffs.

Judges have consistently upheld the clauses, The Times found, regardless of whether the people signing them understood what they were forfeiting. It is the most basic principle of contract law: Once a contract is signed, judges have ruled, it is legally binding.

Mr. Barrow’s case is pivotal because, with the help of his lawyers, he has overcome an arbitration clause by using the fundamentals of contract law to fight back.

As is often the case when elderly people are admitted to nursing homes, Mr. Barrow signed the admissions paperwork containing the arbitration clause on his mother’s behalf.

Although his mother had designated Mr. Barrow as her health care proxy — someone who was authorized to make decisions about her medical treatment — his lawyers argued that he did not have the authority to bind his mother to arbitration. In 2014, a judge ruled in his favor. (Continue)

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Pivotal Nursing Home Suit Raises a Simple Question: Who Signed the Contract?

Saturday, January 24, 2015

Man pleads guilty in dehydration death of mother


Ronald Goodwin
MEMPHIS, Tenn. — A 56-year-old Memphis man entered a guilty plea in the death of his mother.

Prosecutors said Jackie Goodwin, 72, died of dehydration and malnutrition in May of 2012.

Police said her son, Ronald, called 911 saying his mother was non-responsive in her Cherry Road home.

A medical examiner determined she had been dead at least 18 hours when she was found, “lying on her back in a pile of trash and covered with insects and feces. She had a large ulcer on her back that penetrated to her spine.”

Goodwin also pleaded guilty to two counts of theft of property, because prosecutors found he’d withdrawn several thousand dollars from his mother’s bank account.

The money was supposed to be used for his mother’s care, but he used it for himself.

Investigators said utilities had been cut off for non-payment and, “there was no sign in the home that her prescribed medications had ever been purchased.”

Goodwin was sentenced in Criminal Court to 20 years in prison with no chance for parole for the death for the second-degree murder charge.

Full Article & Source:
Man pleads guilty in dehydration death of mother

Saturday, September 6, 2014

Mom accused of killing severely disabled 8-year-old daughter could get $1M from girl's trust fund

A special education teacher accused of killing her severely disabled 8-year-old daughter by withholding food and medical care could inherit nearly $1 million from the girl's trust fund — even if she's convicted.

Nicole Diggs and her husband have pleaded not guilty to charges of negligent homicide and child endangerment in the 2012 death of Alayah Savarese, who was the beneficiary of a trust fund created from the settlement of a malpractice suit that stemmed from complications during her birth.

The indictment doesn't allege that the trust fund was a motive, but Diggs' attorney says prosecutors are nevertheless implying that her client "somehow disposed of her daughter in order to obtain the money." She wants any mention of the trust fund barred from trial and says her client didn't neglect Alayah.

Prosecutors in Westchester County say Alayah "was not provided required daily food," did not receive necessary medical treatment, was often left unattended and was frequently kept home from school, depriving her of physical and occupational therapy.

Authorities say Alayah suffered lacerations, bruises and welts from the neglect. According to court papers, Diggs and her husband, Oscar Thomas — who isn't Alayah's father — also "failed to maintain the child's hygiene which caused her to have smelly and dirty hair and clothing, a foul odor about her body and bleeding gums."

On the day Alayah died in a Yonkers apartment, she was left in the care of one of Thomas' friends, who wasn't equipped to deal with her medical issues, court papers allege.

If convicted, the 32-year-old Diggs wouldn't be automatically disqualified from inheriting her daughter's fortune because she isn't charged with intending to kill the girl. Many states have so-called slayer statutes to prevent profiting from a crime, but New York courts have generally held that without intent, a homicide doesn't disqualify someone from inheriting from a victim, said St. John's Law School professor Margaret Turano, a trust and estate expert.

Full Article and Source:
Mom accused of killing severely disabled 8-year-old daughter could get $1M from girl's trust fund

Sunday, August 31, 2014

Killer Denied Bid to Inherit $250,000 From Estate of Mother in Law He Strangled

In a first-of-its-kind ruling, a Brooklyn appeals court has determined that a killer can’t indirectly inherit his victim’s fortune.

Long Island druggie Brandon Palladino was trying to get his hands on more than $250,000 from his mother-in-law’s estate, despite spending 25 years in prison after pleading guilty to manslaughter.

He had admitted to strangling Dianne Edwards, 59, when she caught him stealing her jewelry in 2008. Her will listed her only daughter, Palladino’s high school sweetheart and wife, as the sole beneficiary. Deanna Edwards Palladino, 24, died of overdose about a year later, leaving the killer as the beneficiary of the slain woman’s estate.

Crime was about to pay big time for the Huntington Station man, who’s set to get out when he’s 45. But Edwards’ estranged sister Donna Larsen intervened, arguing a wrongdoer cannot profit from his or her misdeed.

Finding that “there is a clear causal link between the wrongful conduct and the benefits sought,” the appellate panel agreed Wednesday, upholding a Suffolk County court’s decision to strip Palladino, 28, from the dough.

Full Article and Source:
Killer Denied Bid to Inherit $250,000 From Estate of Mother in Law He Strangled

Thursday, May 29, 2014

Woman charged in Rockland County with killing mother-in-law for inheritance


NEW CITY >> A woman from Florida lured her 80-year-old mother-in-law to the door of her home with a late-night cellphone call, then killed her in hopes of obtaining part of her multimillion-dollar estate, according to court documents made public Thursday.

The daughter-in-law, Diana Nadell of Cutler Bay, Florida, was charged earlier this week with murder and conspiracy in the stabbing of Peggy Nadell of Valley Cottage. Three other women were also charged.

Police and prosecutors have refused to discuss a motive, but the complaint, signed by a Clarkstown police detective, says Diana Nadell wanted some of her mother-in-law’s $4 million “marital inheritance.”

Prosecutors are trying to extradite the defendants from Florida, California and Washington, D.C. No lawyers are listed for them yet in Clarkstown Justice Court, where the complaints were filed. The content of the complaints was first reported in The Journal News.

The documents say Diana Nadell and Andrea Benson of Washington, D.C., went to Peggy Nadell’s home on Jan. 25 and called her at 1:17 a.m. to get her to the front door, then killed her.

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Woman charged in Rockland County with killing mother-in-law for inheritance