Restitution, probation end Morgan financial exploitation case

By Samantha McDaniel-Ogletree

Photo: Journal-Courier

A plea agreement will result in probation and a requirement that two Morgan County women repay nearly $40,000.

Two Jacksonville women have reached a plea deal with the state after they were accused of stealing nearly $40,000 from a woman in their care at the time of the theft.

As a part of their plea, Joyce Gill, 64, and her daughter Jewell Maul, 39, will not be serving time in jail, but will instead be placed on probation and assessed several fines and fees, as well as restitution of $40,000.

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

According to probation orders, each woman will be placed on two years of second-chance probation.

Conditions of their probation include submission to random drug testing, 30 hours of community service, no criminal activity, obtain or attempting to obtain employment and several other terms.

Prior to the deal, both women were charged with financial exploitation of an elderly person. As a part of the plea, charges were amended to theft over $10,000 but not exceeding $100,000 after they “exerted unauthorized control over property of Norma Notson, being $39,449.43 of … currency, intending to permanently deprive Norma Notson of said currency’s use.”

In addition to the $40,000 in restitution that was repaid to Notson’s family, they were both assessed an additional $899 in fees, including fees for Crime Stoppers, assessment fees and DNA analysis fund fees.

The plea came after motions to dismiss all charges were denied in February. Attorneys for Maul and Gill argued that the women could be prosecuted because of an oral agreement between a prosecutor, Ed Parkinson, and Gill’s husband, Robert Gill — who is Maul’s father — and his attorney Scott Hanken.

That pact, they contend, was a condition of Robert Gill’s first-degree murder guilty plea in the 2015 shooting death of of Andrew Maul, who was Jewell Maul’s ex-husband.

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Restitution, probation end Morgan financial exploitation case

Maul & Gill Receive 2 Year Probation, $40,000 Immediate Restitution In Plea On Financial Exploitation Case

By Benjamin Cox

An elderly financial exploitation case has come to a conclusion in Morgan County Court this morning. 64 year old Joyce Gill and her daughter 39 year old Jewell Maul made a plea agreement with the state for theft over $10,000 and not exceeding $100,000 as immediate administrators to the finances of then-88 year old Norma Notson. Notson is the aunt of Gill’s husband Robert Gill, who is currently serving time in prison in the 2015 shooting death of Maul’s ex-husband Andrew Maul. Notson passed away in 2018, and her estate is currently being executed by 4 individuals.

Special Appellate Prosecutor Matthew Goetten had to substitute new counsel for the state because he is away for active military duty. Morgan County Special Prosecutor Brian Towne served in Goetten’s place before Circuit Judge John M. Madonia this morning in Morgan County Court.

Towne says that the executors of Notson’s estate wanted the case to come to an end: “Judge [Madonia] did in fact accept a negotiated plea arrangement with regard to each of the defendants. It’s very important to our office that our victims be made whole and that they are happy with any kind of resolution. In this particular case, the restitution was very sizable. It was approximately $40,000 and in many of our cases, it seems as though we are chasing the money for our victims for years sometimes. There was considerable attention brought to the fact that these defendants did pay the full $40,000 in restitution today, so the victims were very supportive. They wanted to put this behind them. They still mourn the loss of their aunt and their loved one, and they didn’t want to receive a $25 check in the mail every month for the next untold number of years. The victims really do want this to be behind them, and so they were very supportive and actually wanted this negotiation to happen.”

The case had gone through a lengthy cycle of motions based around an oral plea agreement made by Robert Gill during the Andrew Maul murder trial conclusion, which made between Special Prosecutor Ed Parkinson and Robert Gill’s attorney W. Scott Hanken. The motion was that the 2 women could not face prosecution for crimes regarding Notson’s finances. The women are accused of taking over $39,000 from Notson’s personal bank accounts. The motions to dismiss the case were denied back in February and proceedings were allowed to continue with motions to sever Jewell Maul and Joyce Gill’s cases from each other accepted in July. The cases were set for status today.
Towne says the sentence of 2 years second chance probation in the plea agreement for each of the women along with the sizable restitution has several conditions to be met: “It will be a very intensive probation. Probation officers doing their duty will search the house at times. The [defendants] will submit to random drug testing, and they won’t be able to commit any other crimes. Otherwise, we will be revisiting a sentencing in this matter. There lives will become complicated for the next couple of years.”

The two women had faced up to 4-15 years in prison plus restitution, seizure of assets, and up to a $25,000 fine had the cases went to trial and they were found guilty. If either of the women allegedly violate their probation over the next two years, they could possibly face 3 to 7 years in prison, up to a $25,000 fine, plus original fees and court costs if the sentencing is reheard should they violate probation in any way.

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Maul & Gill Receive 2 Year Probation, $40,000 Immediate Restitution In Plea On Financial Exploitation Case

See Also:
Affidavits to be filed in exploitation cases

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

Financial Exploitation Case Will Hear Plea Agreement Testimony

Affidavits to be filed in exploitation cases

by Samantha McDaniel-Ogletree

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

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

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

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

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

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

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

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

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

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

Madonia agreed.

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

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

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

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

Financial Exploitation Case Will Hear Plea Agreement Testimony

Financial Exploitation Case Will Hear Plea Agreement Testimony

By Benjamin Cox

Two women will get to argue that a plea deal in a murder case from 2 years ago holds over to their own. Circuit Judge John M. Madonia said yesterday he would allow motions to dismiss charges against 64 year old Joyce Gill and her daughter 39 year old Jewell Maul to be readmitted and proceed to an evidentiary hearing, according to the Journal Courier.

The two are charged with financial exploitation of an elderly person. They are accused of making $39,449 in transactions from the bank account of 88 year old Norma Notson whom they were charged with taking care of. Their attorneys argue the women cannot be prosecuted, though, because of an oral agreement between then-special prosecutor Ed Parkinson and Gill’s husband, Robert Gill. The agreement was part of a plea deal in Robert Gill’s first-degree murder guilty plea in the 2015 shooting death of Andrew Maul, who was Jewell Maul’s ex-husband. Robert Gill plead guilty to the shooting in 2017 and is serving 49 years in prison for the murder. The agreement allegedly stipulated there would be no charges brought against the two women resulting from the investigation into the shooting as well as no further investigation into Notson’s case.

At a hearing in September, Madonia denied the conclusion that the two could not be prosecuted and scheduled the cases against the women to move forward. He believed new special prosecutor Matthew Goetten originally had filed the charges against the women and could not be held to another prosecutor’s agreement. Madonia has learned since through discovery documents and motions to reconsider that Goetten and Parkinson filed the charges together. The motions to reconsider the dismissal maintained Goetten and Parkinson are representatives of the same office and are “bound by the verbal agreement.” Goetten contends that the plea agreement is not enforceable in the case, according to a report by the Journal Courier. Goetten would not communicate further on the case with WLDS News via email yesterday after the hearing.

An evidentiary hearing has been set for January 9^th during which the court has called on Parkinson and Robert Gill’s attorney, W. Scott Hanken to testify on the oral plea agreement.

Full Article & Source:
Financial Exploitation Case Will Hear Plea Agreement Testimony