Ethics commission recommends removal of Anne Arundel probate judge Marc Knapp

by Alex Mann

A Maryland commission that investigates wrongdoing by judges recommended that the state’s highest court remove Anne Arundel County Orphans’ Court Judge Marc Knapp from the probate bench.  

According to an opinion published online Tuesday, the commission, made up of judges, lawyers and civilians, voted unanimously to recommend Knapp’s removal.

The commission’s decision follows days of trial-like proceedings last fall in Howard County Circuit Court, where the commission’s investigative counsel, which functions like a prosecution, presented its case against Knapp. The judge then had an opportunity to put on his own case.

“I’m very disappointed, unhappy with what they’ve done,” Knapp told The Banner by phone Tuesday. ”I don’t agree with what they’ve done.”

Investigative counsel and Knapp can file written exceptions to the commission’s findings. The commission can then respond.

The decision on punishment falls to the Supreme Court of Maryland, which can order memorandums from both sides. Knapp’s disciplinary action is likely to be placed on an expedited docket.

Knapp already filed for reelection. It’s unclear what would happen if he were to retain his seat on the bench at the ballot box, but then be removed by the state supreme court. It’s also unclear if he could continue running if the high court removes him from the bench before the election.

The accusations against Knapp stem from his longstanding and highly public dispute with Vickie Gipson, who was the chief judge of the Anne Arundel probate court.

Knapp and Gipson’s spat spilled out of chambers, where they yelled so loudly their voices could be heard throughout the nearby Register of Wills Office, and into the public eye.

Gipson twice summoned county police to the probate court and applied for a peace order against Knapp.

The Maryland Office of the State Prosecutor unsuccessfully prosecuted Knapp on the criminal charge of illegally recording his colleagues. An Anne Arundel Circuit Court judge found the recording in question was illegally obtained by police, forcing prosecutors to dismiss the case.

Both he and Gipson faced separate judicial ethics charges before the commission. It has not yet issued a ruling in Gipson’s case, which took longer than Knapp’s because of scheduling issues.

Investigative counsel argued in support of a litany of ethics charges that Gipson and Knapp’s behavior served to “denigrate public confidence” in the probate court. Some court staff who testified at Knapp’s hearings recalled litigants wondering whether the two were real judges.

It costs $25 to run for the county Orphans’ Court; a law degree is not required. Neither Knapp or Gipson had practiced law in Maryland.

When he testified in his hearings, Knapp admitted to cursing at his colleagues when he disagreed with them, belittling them and leaning over their desks during arguments.

“You’re not an attorney. You don’t know what the hell you’re doing,” Knapp recalled telling then-Orphans’ Court Judge David Duba during one argument.

He also repeatedly insulted Gipson’s writing and recalled once telling her to “quit dicking around” when he thought she was taking too long to issue an opinion.

When a court clerk got promoted, she testified, Knapp asked her, “How does it feel to finally be important?”

The commission found that Knapp’s behavior could not be rectified with a punishment lesser than removal.

“Respondent’s misconduct was pervasive and severe,” the commission’s opinion said. “It occurred on the bench, to court staff, and to judicial colleagues.”

The commission found that Knapp destroyed evidence in front of Anne Arundel County Police, exhibited bias, failed to cooperate with law enforcement, “was not fully credible before the commission” and regularly cursed during his testimony.

“All of this embarrasses the Maryland judiciary and diminishes the public’s trust in the Anne Arundel County Orphans Court,” the commission’s opinion said. 

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Ethics commission recommends removal of Anne Arundel probate judge Marc Knapp 

Judge fires back at critics during judicial hearing second day

by: Andrew Davis

CHATHAM COUNTY, Ga. (WSAV) – Day two of the Tom Bordeaux hearing brought the judge back to the stand to defend himself against charges that allege he is not doing his job.

The Chatham County probate judge is in front of the Judicial Qualification Commission (JQC) facing charges connected to not handling a dozen or more cases in a timely manner.

He was facing questions connected to 10 formal charges filed in October of 2024 by the JQC including willful misconduct in office and failure to perform duties.

The 10-count document from JQC Director Courtney Veal and Deputy Director Ashton Murphy alleged that Bordeaux violated at least two Code of Judicial Conduct rules.

The Code of Judicial Conduct requires judges to “perform judicial and administrative duties competently, diligently, and without bias or prejudice.” Judges are also required to “dispose of all judicial matters fairly, promptly, and efficiently.”

Bordeaux once again admitted that he made mistakes and “dropped the ball” in some cases. But placed the blame on a lack of staff and insufficient funding for his office and said he is putting everything he can into the position.

“I’m tired of working long hours. I can’t keep working the hours. I won’t keep working the hours.” Bordeaux said. “Maybe you all will decide i shouldn’t work any. One way to fix that is to depend more on competent lawyers in cases where I can. And I’m thrilled to do that.”

The JQC also asked the judge why he took the probate judge job in the first place. He said he thought it would be easy, almost a part-time job, but quickly learned that was not the case.

He said Probate Court was almost a tougher job than other courts because of the caseload.

He added that the Chatham County Probate Court is in a better place than it was when he got into office.

The claim is that Bordeaux did not handle a dozen or more cases in a timely manner, cases that took years to come to a conclusion and some that still are outstanding because of Bordeaux’ inaction.

When asked what he would do as a punishment for his alleged inaction, Bordeaux was defiant and said he should not be forced from office.

“If I need to be beaten. I’ve been beaten enough already flogged. I need to be reprimanded. Then you won’t embarrass me any more than I’ve already been embarrassed by what I brought myself here. So, I don’t know what your range of options are, but I don’t want to be removed. I don’t think I deserve to be removed.”

Bordeaux did say he would take help from former Savannah City Manager Pat Monahan as well as another former judge offering to aid him in knocking down the caseload.

Considering the investigations and charges, Bordeaux was asked if he was glad that he took the job in the first place.

“I don’t know what I would do with myself if I didn’t have this,” the judge said. “I don’t have any hobbies other than getting away and going hiking for a weekend. And my wife works all the time, too. And our children are gone. So, I had a total misapprehension and I’m glad I did.”

Bordeaux also said because of his age, 71, and his other interests, he would not commit to running for another term in 2028,

The case should conclude Wednesday. 

Full Article & Source:
Judge fires back at critics during judicial hearing second day 

Chatham Probate Judge faces accusations of "willful misconduct"

Judge Tom Bordeaux accused of several offenses, including not ruling on cases for years. 

Source:
Chatham Probate Judge faces accusations of "willful misconduct" 

Lorain County Probate Judge James Walther returns $114,000 to general fund

Judge James T. Walther during the Graduation Ceremony for Keith Jackson from the Veterans Treatment Court Program on Nov. 7.
Credit: JEFF BARNES / CHRONICLE

by The Chronicle-Telegram  

Lorain County Probate Judge James Walther announced Monday that his office has returned of $114,271.42 to Lorain County's general fund, ahead of upcoming county budget hearings.

In a news release, Walther said giving the money back underscores "his commitment to fiscal responsibility and transparent governance."

The decision resulted from what Walther called "the unforeseen challenge of being unable to hire a magistrate for the current fiscal year."

Walther asked the Board of Commissioners for the money in January to create a new magistrate position to handle guardianship programs, oversee the guardianship docket, a new guardianship mediation program, the visiting Guardian Angel program and the Volunteer Guardianship Program.

Guardianship is "a court-ordered relationship" in which an appointed guardian acts on behalf of or in the interest of someone who is not able to care for themselves or their property due to age or health. It is one of the more-than 600 responsibilities of the Probate Court and takes up a large amount of Walther's time on the bench, he said earlier this year.

Walther said he plans to fix the staffing situation in 2024.

"While we faced challenges in hiring a magistrate this year, I am committed to ensuring that the necessary positions are filled for the effective functioning of the Lorain County Probate Court," he said in the news release. "Therefore, I plan to allocate funds to hire a magistrate for the fiscal year 2024."

Walther also praised the clerks in his office for their "collaborative efforts, hard work, and dedication," their "diligence" and "their vital role in the efficient operation of the Probate Court."

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Lorain County Probate Judge James Walther returns $114,000 to general fund

Five individuals, including local probate judge, charged for roles in stealing valuable sports cards and firearms collections from estate

Published on Friday, July 28, 2023

An indictment, information, or complaint is merely an allegation. A defendant is presumed innocent unless and until proven guilty.

Attorney General Peter F. Neronha and the Rhode Island State Police today announced that the Statewide Grand Jury returned an indictment charging five individuals, including a local probate judge, for their roles in the alleged theft of valuable sports cards and firearms collections from the estate of a deceased Cranston man.

On July 26, 2023, the statewide grand jury returned sealed indictments charging Sylvia Santilli (age 71), Luke Baughman (age 37), Jillian Chatelle (age 32), James Connors (age 69), and Priscilla Facha DiMaio (age 65) with various crimes related to the theft of valuable property from the estate of the late James Barbieri. The estate included collections of sports cards with an estimated value of more than $1 million and firearms worth more than $100,000. Ms. DiMaio is a probate judge in the town of Johnston.

The indictment was unsealed on July 27, 2023, at the arraignments of Sylvia Santilli, Jillian Chatelle, and James Connors in Providence Superior Court. Luke Baughman and Priscilla Facha DiMaio are scheduled to be arraigned on July 31 and August 2, respectively.

As alleged in the indictment, James Barbieri passed away on April 26, 2021, at Rhode Island Hospital and did so without a will. During the final days of his life, Mr. Barbieri was sedated and intubated. Two days prior to his passing, it is alleged Sylvia Santilli, a close friend of Mr. Barbieri, began to remove items from his home without lawful claim or authority to do so.

It is further alleged that on the day of Mr. Barbieri’s passing, Ms. Santilli, her daughter Jillian Chatelle, and Ms. Chatelle’s boyfriend Luke Baughman, conducted internet searches regarding market rates for sports cards contained in Mr. Barbieri’s collection. It is alleged the following day the co-defendants unlawfully removed sports cards and other items from the estate. It is alleged they later sold a portion of the collection, sought buyers for the collection, and transported the goods to a storage unit for later sale.

Separately, it is alleged that James Connors, owner of Jim’s Firearm Repair and Sales in Johnston, received and eventually sold firearms unlawfully removed from Mr. Barbieri’s estate. It is alleged that in response to a probate court subpoena, Connors knowingly submitted a false accounting and receipts of the firearms sold and their approximate value. It is alleged that Connors sold multiple firearms for more than the value of firearms that he reported to the Cranston Probate Court.

Additionally, it is alleged Priscilla Facha DiMaio filed with the Cranston Probate Court an Application for Approval of Fiduciary’s and Attorney’s Fees for work that she claimed to have performed for the Barbieri Estate for services on the following dates: May 8, May 9, May 12, May 15, and May 21, 2021. These claims are alleged to be substantially false.

 

Charges:

Sylvia Santilli (P1-2023-2568A) has been charged with one count of entering a dwelling to commit larceny, two counts of larceny over $1,500, one count of obtaining money under false pretenses over $1,500, one count of conspiracy to obtain money under false pretenses, one count of attempting to obtain money under false pretenses, one count of conspiracy to attempt to obtain money under false pretenses, and one count of conspiracy to commit larceny.

Luke Baughman (P1-2023-2568B) has been charged with one count of receiving stolen goods over $1,500, one count of conspiracy to receive stolen goods, one count of obtaining money under false pretenses over $1,500, one count of conspiracy to obtain money under false pretenses, one count of attempting to obtain money under false pretenses over $1,500, one count of conspiracy to attempt to obtain money under false pretenses, one count of larceny over $1,500 and one count of conspiracy to commit larceny.

Jillian Chatelle (P1-2023-2568C) was charged with one count of receiving stolen goods over $1,500, one count of conspiracy to receive stolen goods, one count of obtaining money under false pretenses over $1,500, one count of conspiracy to obtain money under false pretenses, one count of attempting to obtain money under false pretenses over $1,500, and one count of conspiracy to attempt to obtain money under false pretenses.

Priscilla DiMaio (P1-2023-2568D) was charged with one count of attempting to obtain money under false pretenses over $1,500, and one count of providing a false document to a public official.

James Connors (P1-2023-2568E) was charged with one count of attempting to obtain money under false pretenses over $1,500, one count of unlawful appropriation over $1,000, and three counts of providing a false document to a public official.

###

Source:
Five individuals, including local probate judge, charged for roles in stealing valuable sports cards and firearms collections from estate

Florida Woman Leaves $300,000 Inheritance For Her Seven Cats

A Florida woman has left a sizable inheritance for her seven Persian cats to be cared for following her death.

The adoption requests are pouring in for the six remaining cats, Sherry Silk, executive director of the Humane Society of Tampa Bay, told Fox News Digital.

"She did leave a six-figure estate for their care, which is feeding, grooming, medical supplies, toys, treats — whatever people want to do," she said.

"We are going to reimburse people up to that."

The total amount for the seven cats is just over US$300,000 (AU$450,000), which is a lot of money."

Nancy Saupa died at the age of 84 in Tampa, Florida, in November.

Her only son predeceased her, and she will asked for her seven cats – Midnight, Snowball, Goldfinger, Leo, Squeaky, Cleopatra and Napoleon – to be cared for in the house.

However, eight months after her death, a probate judge determined the caretakers charged with their care could not fulfil their duties, and the Humane Society was asked to step in.

"They were not cared for like they should have been," Silk said. 

"I'm sure Nancy would never, ever have allowed that or wanted that for her cats. So they weren't in the best shape.

"But they're good now. We have a shelter vet here — they've been on antibiotics, and they got their baths. They've been groomed. They're in great shape now."

Full Article & Source:
Florida Woman Leaves $300,000 Inheritance For Her Seven Cats

Probate judge plea deal nets 1-year term for 3 DUI charges

Probate Judge Peter Mariano. Andreas Yilma Citizen’s News

By Andreas Yilma Citizen’s News

WATERBURY — Probate Judge Peter Mariano was sentenced to one year in jail but served just four days for three drunken-driving charges and driving with a suspended license.

Mariano pleaded guilty to two counts of operating under the influence as a first offender and second degree reckless endangerment after Mariano’s attorney Mark Ouellette and attorney Jacqueline McMahon from the Office of the Chief’s State’s Attorney reached a disposition at Waterbury Superior Court on Monday.

Mariano, 61, a Republican from the borough, is nearing the end of his fifth, four-year term as probate judge. State Rep. Rosa C. Rebimbas, R-Naugatuck, who is not running for re-election to the legislature, is challenging Mariano at the Republican party’s nominating convention May 18.

The state decided to substitute what was originally charged as a DUI for a reckless endangerment in the second degree, also a Class B misdemeanor. The charge which carried a one-year sentence was suspended.

The state declined to prosecute two cases of Mariano operating a vehicle under a suspended license as part of the agreement. Mariano was not under the suspension for a DUI arrest for one of the charges.

“It’s never going to happen again,” Mariano said before his case adjourned and he was escorted out of the courtroom in handcuffs. “It’s an awful thing that I did, and I want to be treated like anybody else for what I’ve done.”

Mariano served his four days at New Haven Correctional Center in New Haven on Whalley Avenue. He also was ordered to pay a $1,000 fine not including some fees and costs one one charge.

Naugatuck police last year charged Mariano, judge of probate for Naugatuck, Beacon Falls, Prospect and Middlebury, with three counts of operating a motor vehicle while under the influence of alcohol and driving with a suspended license. Each incident happened in a span of about a month.

On April 28, 2021, Naugatuck police received a complaint that Mariano was sitting in his driveway on Hillside Avenue making concerning comments which prompted officers to conduct a welfare check. Mariano was not home at the time they arrived, but officers observed his vehicle driving on the roadway and he stopped his car partially into his driveway, according the court documents.

Mariano failed to perform a standardized field sobriety and was placed under arrest. Officers found multiple empty and unopened single serve bottles of wine in his vehicle. Mariano refused to submit to a breath test at the police station, court documents state.

On May 18, 2021, Naugatuck police were dispatched to D&D Liquors at 143 Bridge St. on report of a man who had fallen in the parking lot. Officers were advised on route that the man had entered a black SUV and attempted to exit the parking lot.

Responding officers approached the SUV and detected a strong odor of alcoholic beverage coming from the vehicle. He was later identified as Mariano.

Officers requested Mariano perform standardized field sobriety tests. He was stumbling and required assistance to walk and failed to perform the tests to standard. Mariano was instructed on other tests and given multiple opportunities but ultimately refused to perform them, court transcripts state.

Mariano was arrested and transported to the police station where he provided two breath samples at 0.3374 and 0.3439. The state’s legal alcohol limit for driving is 0.08.

On June 1, 2021, approximately 4:30 p.m., police officers were dispatched to this Mariano’s residence on suspicious motor vehicle complaint in the driveway. Officers arrived to Mariano in the driver’s seat of his car in his garage and when they approached the car, officers detected the odor of alcohol and vomit from his breath. There were also a number of empty and full wine bottles in the car. Officers weren’t able to locate the car key either on Mariano or in the car.

Mariano admitted to drinking before their arrival and that he was way over the legal limit. He had difficulty maintaining his balance as well.

Attorney Ouellette said in court that provided Judge Frank A. Iannotti with a package of letters from various providers where Mariano has undergone treatment and counseling.

“He’s nine months sober,” Ouellette said. “He’s doing very well and we feel that the disposition that we arrived at is a fair one and my client’s willing to accept that.”

Iannotti gave some conditions including substance abuse evaluation and treatment if necessary, random urine tests and for Mariano to not operate a motor vehicle on the highways of the state of Connecticut without a valid license, insurance, and/or interlock device. Mariano will be using the interlock device for about four years according to Ouellette.

Mariano will be able to return to his role as Probate Judge after he serves his time. There will be a judicial hearing to rule on Mariano’s inactive status as an attorney but it’s not known when, Ouellette said subesquently.

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Probate judge plea deal nets 1-year term for 3 DUI charges

Naugatuck judge up for re-election faces three DUI charges

Probate Judge Peter Mariano. Andreas Yilma Citizen’s News

By Andreas Yilma Citizen’s News

NAUGATUCK — Probate Judge Peter E. Mariano faces a court date Monday, May 9 on three drunken-driving charges.

Police last year charged Mariano, judge of probate for Naugatuck, Beacon Falls, Prospect and Middlebury, with three counts of operating a motor vehicle while under the influence of alcohol and driving with a suspended license. Each incident happened in a span of about a month.

Mariano, 61, a Republican from the borough, is nearing the end of his fifth, four-year term as probate judge. State Rep. Rosa C. Rebimbas, D-Naugatuck, who is not running for re-election to the Legislature, is challenging Mariano at the Republican party’s nominating convention May 18.

Mariano was arrested April 28, 2021, after Naugatuck police officers conducted a welfare check and found Mariano to be operating his car under the influence of alcohol.

He was processed and released on a $500 bond, according to the police arrest log.

On May 18, 2021, officers were dispatched to D&D Liquors parking lot in response to a medical call. When officers arrived, Mariano was driving away. Officers conducted a motor vehicle stop and determined that Mariano was intoxicated. Mariano was arrested and released on $1,500 bond, according to the arrest log.

On June 1, police officers conducted a welfare check on Mariano after a call that he was driving drunk and with a suspended license. Mariano was found to be operating his car while under the influence of alcohol.

He was arrested and released on a $5,000 bond.

Mariano said he expects to make his plea in Waterbury Superior Court on Monday. He declined to say how he will plead.

“I really hit rock bottom. I didn’t care about anything,” Mariano said. “I couldn’t work. I was very upset. I was in denial about my situation. Fortunately there was never an accident.”
“I hit rock bottom,” Mariano said. “It was really a bad situation.”

Mariano’s friends — borough attorney Ned Fitzpatrick, attorney Carlos Santos, Naugatuck Mayor N. Warren “Pete” Hess, state Rep. David K. Labriola, R-Oxford, and attorney Kevin H. McSherry — sent a letter to Judge Salvatore C. Agati at Waterbury Superior Court asking the judge to suspend Mariano’s law license.

Agati agreed, but Mariano was allowed to continue as judge of probate. Mariano was grandfathered to a time when having a law license was not a requirement of being probate judge. Probate Courts traditionally oversee decedents’ estates and trusts, but also handle a wide range of issues affecting children, the elderly, persons with intellectual disability, and individuals with psychiatric disabilities.

Mariano said he has turned the corner for the better over the last several months.
He said he went to High Watch Recovery Center in Kent, a residential treatment center for people with alcohol and drug addiction.

“It’s a very intensive treatment. You live there,” Mariano said. “They know where you are at all times. You go to classes. It’s 24-hours-a day treatment. It’s very intense. Nightly AA meetings. It’s an excellent program.”

Mariano said he initially went to the treatment facility for a month in March 2021 but was drinking when he came back which prompted his friends to issue the letter.

After his third DUI charge, he went back on June 2, 2021 and stayed 40 days. Soon after his second stay, he said his friend died which led him to drink again.

He went back to the facility from Oct. 2 to Oct. 23. He said he has been sober for eight months.

Mariano said he also has Project Courage Substance Abuse Recovery Center workers come to him a couple times a week for counseling and conducting random urine tests. His urine has been negative of alcohol since he left treatment in October.

Mariano’s driving license was suspended for about 100 days but when he eventually came back from treatment he was allowed to get an interlock device to drive. The interlock device forces a driver to breathe into the device to detect any alcohol before the car can start. He is only allowed to drive his car, he said.

Mariano attended New England School of Law. He began his legal career with the firm Edward Fitzpatrick in 1985 which eventually became Fitzpatrick, Santos, Sousa, Perugini P.C.
Fitzpatrick said Mariano asked for leave to address his alcohol issues and is currently on an inactive status.

“He’s always been a very substantial and responsible member of the firm and the community until he encountered his difficulties with sobriety,” Fitzpatrick said.

Fitzpatrick said his friends understand his challenges and they’re satisfied that he’s addressing them in a positive way.

“He’s come very far on his journey and it will be a lifelong effort for him as it is for others who are similarly situated,” Fitzpatrick said. “We continue to wish him well and we have confidence that he will be successful.”

Mariano said he’s taking it one day a time.

“Absolutely, every single one of them, was very very upset with me,” Mariano said of his friends who intervened. “They’ve all come back and they’re all very proud of what I’ve done.”
Mariano said he’s running on his on record of 20 years of being a good probate judge, being unopposed during that time and cross endorsed.

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Naugatuck judge up for re-election faces three DUI charges

Prosecutor: Oakland County probate judge charged with domestic assault

County’s chief probate judge accused of assaulting boyfriend

 

by Cassidy Johncox

Oakland County's chief probate judge, Kathleen Ryan, has been charged with one count of domestic assault and battery on Nov. 25, 2021. Photo courtesy of Oakland County's website. (WDIV)

Oakland County’s chief probate judge is facing a domestic violence charge, according to officials.

The Oakland County Prosecutor’s Office said Thursday that Hon. Kathleen Ann Ryan was arrested and charged for allegedly assaulting her boyfriend Wednesday night.

Judge Ryan was charged Thursday with one count of domestic assault and battery, officials said. She has reportedly been released on a personal bond.

“The fact that Ms. Ryan is an elected official did not play any part in the charge that was authorized, and will not play any part in the handling or disposition of this case,” said Oakland County Prosecutor Karen McDonald. “The case will be handled like any other case.”

No other details have been released at this time.

Full Article & Source:

Prosecutor: Oakland County probate judge charged with domestic assault

RESIGNATION: Judge at center of FOX46 ‘Final Disrespects’ investigation resigns

by: Jody Barr

MARLBORO COUNTY, S.C. (FOX 46 CHARLOTTE) – The second-in-charge at the Marlboro County Probate Judge’s Office is no longer with the office. A call to Judge Mark Heath’s office Friday morning confirmed Deputy Probate Judge Tammy Bullock is no longer with the office.

A woman who answered the phone in the judge’s office confirmed Bullock no longer worked there. The woman did not identify herself and hung up on FOX 46 Chief Investigator Jody Barr when asked when Bullock resigned.

Marlboro County Deputy Probate Judge Tammy Bullock points her cell phone out of the front door of the courthouse on Sept. 24, 2021appearing to photograph FOX 46 Chief Investigator Jody Barr outside the courthouse. (WJZY Photo/Jody Barr)

Follow-up calls to the office were not answered.

Bullock is currently the subject of a criminal investigation by the State Law Enforcement Division and a South Carolina Supreme Court Office of Disciplinary Counsel investigation after FOX 46 aired an investigative series titled ‘Final Disrespects’ on Oct. 5.

The series detailed criminal allegations against Bullock and others who plundered through Hollis Slade’s home in January 2021. Slade died on Jan. 23 and security camera recordings at his home captured audio and video of Bullock and the group discussing searching Slade’s home for a will. The videos showed members of the group walking out of the home with property.

Bullock is also accused of impersonating a probate judge when she met with Slade’s family on Jan. 24; the day after his death. 

This all happened over the course of two days in January while Slade’s wife, who suffers from severe dementia, was inside the home.

Bullock and the group never responded to multiple requests to schedule interviews with FOX 46 to explain what happened in those videos.

On Oct. 18, Judge Heath asked the state Supreme Court to reassign Slade’s probate case to another county after Heath wanted to recuse himself from Slade’s estate case. Heath had already spent nearly nine months presiding over the case despite knowing of the allegations against his deputy judge since at least Jan. 29.

Slade’s neighbor, Bobby Norris, told Judge Heath about the criminal allegations against Bullock and the videos during a Jan. 29 phone call. Heath told Norris he’d investigate the allegations, but Norris said he never heard anything further from Heath.

Marlboro County Probate Judge Mark Heath gives a “No comment” response to questions about his knowledge of criminal allegations made against his deputy probate judge, Tammy Bullock during this Sept. 1, 2021 interview at his courthouse office. (WJZY Photo/Stewart Pittman)

Heath swore Bullock into office seven weeks later, granting her full judicial powers in his absence.

Bullock and Heath attended a South Carolina Association of Probate Judges conference at a Myrtle Beach resort this week. Our investigation found Bullock attended the first day of the three-day conference but left the resort after our arrival. Bullock missed two of the three days and the resort confirmed Bullock never checked out of her hotel room for the final two days of the conference.

The conference provided up to 12 continuing legal education, or CLE, hours for all elected probate and appointed probate judges in the state. State regulations require all probate judges to earn 15 CLE hours each year.

We attempted to interview Heath inside the resort at 10:30 Wednesday morning as he waited on an elevator. “No comment,” Heath said as the door closed.

About 30 minutes later we video recorded Heath and a woman carrying luggage through the parking lot and loading it into a vehicle registered to Heath. We followed Heath as he left the resort and got onto the highway out of Myrtle Beach.

Heath attended only 30 minutes of the final day of seminars at the conference. Heath was not in the office Friday morning when we called to ask about Bullock’s employment status.

On Feb. 5, Bennettsville Police charged Bullock with pointing and presenting a firearm during an argument with her roommate. Bullock was never arrested in the case after city police investigators chose to charge Bullock under a city ordinance instead of the state’s criminal code.

Bullock was issued a criminal citation on a state traffic summons. Bullock’s trial on that charge is set for Nov. 16 in Bennettsville.

South Carolina Secretary of State records show Marlboro County Deputy Probate Judge Tammy Bullock was issued this oath of office on March 15, 2021. (Source: South Carolina Secretary of State’s Office)

Following our Final Disrespects series, the South Carolina Supreme Court’s investigative unit, the Office of Disciplinary Counsel, sent subpoenas to the Bennettsville Police Department seeking records in Bullock’s prosecution. The unit also sent subpoenas to the Marlboro County Probate Judge’s Office; sources familiar with that office told Barr.

The ODC acts as a “screening and investigating” arm for the South Carolina judicial system for investigations involving misconduct allegations against lawyers and judges in the state. The agency has the authority to prosecute misconduct complaints.

The Supreme Court would not confirm the existence of an investigation in an emailed response to FOX 46 received Oct. 13, “Court rules prohibit us from confirming the existence of disciplinary investigations while they are ongoing, so I will not be able to respond to your request,” South Carolina Judicial Branch Public Information Director, Ginny Jones wrote in the statement.

Court rules prohibit members of the Supreme Court and its employees from confirming such investigations and violating the confidentiality rule could result in a contempt of court charge for those state employees.

“We have received a subpoena for records pertaining to the case and we have fulfilled those particular subpoena needs, wants, and questions regarding this case and that has been forwarded to our city attorney so they can properly go through the channels to ensure that information is given to that state agency,” Bennettsville Police Chief Kevin Miller told FOX 46.

We asked Bullock multiple times for an interview throughout our investigative series, but Bullock would not respond to any of our requests.

Following our investigation into the Bullock weapon charge, Chief Miller asked the State Law Enforcement Division to “review” his department’s prosecution decisions. SLED declined Miller’s request.

Tammy Bullock posted this image to her Facebook account on March 15, 2021 celebrating being sworn into office as the Marlboro County Deputy Probate Judge by elected Probate Judge Mark Heath. (Source: Facebook)

“At this time no information or evidence has been obtained to warrant SLED opening a new criminal investigation into this matter. There is no evidence to indicate anything improper was done by the arresting agency or officers.  Any cursory review of the initial arrest would be handled by the City Attorney or Solicitor’s Office,” SLED spokesman Tommy Crosby wrote in a response to FOX 46 seeking clarification on the agency’s decision.

Fourth Circuit Solicitor Will Rogers said since his office performs legal work for the county probate office it would not “be proper” for his office to be involved in any investigation of Bullock. Rogers directed the Marlboro County Sheriff’s Office to send a separate criminal investigation into Bullock to SLED in June citing a potential conflict of interest between his office and the probate court.

The separate criminal investigation was presented to SLED in June and it took the agency more than two months to officially open that investigation into Bullock. In that case, Bullock is accused of impersonating a judge, rummaging through a dead man’s home, and participating in the removal of property from the man’s home in January 2021.

That man, Hollis Slade, died on Jan. 23. Security cameras outside Slade’s Joyce Drive home captured Bullock and others searching the man’s home looking for his will. The cameras also captured discussions between Bullock and the group about keeping financial information they found inside the man’s home from his family.

That investigation is still open at SLED.

Chief Miller is the only law enforcer in Marlboro County to agree to an interview regarding Deputy Probate Judge Tammy Bullock.

“This interview was important to me because let’s face it, I could have hid behind a desk, I could have hid behind a phone; that’s very easy to do is to hide. I’m out here in the open. I want people to know this is the truth, these are the facts. The Bennettsville Police Department is 100% acting in good faith with everything we’ve done,” Miller told FOX 46.

Miller submitted the case to the city’s attorney’s office for review and has requested the city attorney prosecute the case during the scheduled Nov. 16 trial, “I will not hide behind a desk or a door or a phone from anyone who has questions about anything pertaining to this case. That is not who I am and that is not what this police department represents,” Miller said.

Bullock will be tried in the Bennettsville municipal court. Her trial date is currently set for Nov. 16, 2021. We will continue to follow the prosecution and update our reporting.

Full Article & Source:

RESIGNATION: Judge at center of FOX46 ‘Final Disrespects’ investigation resigns 

 

See Also: 

Probate judge among those accused of looting dead man's house

 

Probate judge among those accused of looting dead man's house

by Rob Beschizza

 

Tammy Bullock, now a probate judge in South Carolina, was among a group of people filmed entering the house of a man who had died hours earlier and leaving with his stuff. Cash, guns and other property were reported missing after the man's former associates were caught on camera turning over his property and openly discussing how they might prevent heirs from getting their hands on it. All the while, the dead man's wife, suffering from dementia, was in the house.

 

 

Part of the fun is that it's a small town and officials are in on the wheeze. So it's a classic battle of outsiders and a few virtuous locals armed with the facts—and the footage—against the town's corrupt establishment, armed with the levers of power.

 

Here's part 2 of the 30-minute segment. 

 

 And here's the latest update, about the judge being investigated over the looting—and getting detained after allegedly pointing a gun at someone and threatening to kill them. She was inexplicably cited with a traffic violation instead of charged with a crime, a bizarre twist that makes perfect sense when you see that the police chief is a child too dumb to do anything but what he's told.

 

Great investigative journalism out of Charlotte, however unlikely it is to have a happy ending for the victims. And it's Fox, too, which means the segments have titles like FINAL DISRESPECTS and WHEN PROBATE JUDGES ATTACK.

Full Article & Source:

Probate judge among those accused of looting dead man's house

Marlboro Co. judge at center of investigation will work until 'facts are uncovered'

by Tonya Brown

MARLBORO COUNTY, S.C. (WPDE) — Attorney Wade Crow who is representing Marlboro County Deputy Probate Judge Tammy Bullock said she's done nothing wrong and that will be proven over time.

The South Carolina Law Enforcement Division (SLED) is investigating accusations made against Bullock, at the request of the Marlboro County Sheriff's Office.

According to Tommy Crosby with SLED, it is in connection to the estate of Hollis Slade who, according to an obituary, died in January 2021.

Judge Bullock was sworn in back in March 2021.

A source said the allegations involve removing property and items from Slade's home without permission.

“I think Mrs. Bullock is willing to, I know she is, because I have told her to tell the truth about everything. An interview and talk to the SLED agent. Talk to any law-enforcement person about this thing. And just be upfront about it. She has done absolutely nothing wrong. And this has nothing to do with her job," said Crow.

Crow added Bullock worked for Slade for many years at the paper mill in Marlboro County before she accepted the position as the county's deputy probate judge.

He said Bullock was close friends with Slade and his wife.

“I really don’t think she’s done anything wrong come up myself. But try to help Mr. Slade’s wife who she is very fond of. Because she knew her for years.”

No additional information is available while the investigation is ongoing.

ABC15 has reached out to the Marlboro County Sheriff's Office to ask why they asked SLED to open the investigation.

In an unrelated matter, Bullock faces a charge of pointing and presenting a firearm in February in Bennettsville, according to Bennettsville Police Chief Kevin Miller.

ABC15 got a copy of the four-page incident report.

The report said the incident took place on February 3, 2021, but a report wasn't filed until February 5.

A 45-year-old woman is named as the complainant in the report, and Bullock as the subject.

The woman said Bullock had a gun and threatened to kill her during an argument at a home they shared in Bennettsville.

An excerpt from the police report said, "The complainant stated the verbal altercation resulted in the subject pointing a handgun in her face and making a threat to shoot her with a handgun in question. The complainant stated the handgun was medium-sized, and gray in color. The complainant further stated the handgun contained a hammer located at the back of the side.”

The officer questioned the woman about why she waited two days to file the incident report.

“I inquired with the complainant in reference to the reasoning behind her not contact the law enforcement on 02/03/2021, the complainant stated she did not know what to do at the time of the incident. The complainant stated the subject was further forcing her out of the residence. The complaint stated the subject was directing her to get all items out of the residence that day. I advised to complainant that the subject could not force her from the residence without first obtaining an eviction notice from the magistrate’s office.”

The incident report contains a statement from Bullock.

The report says, "The subject stated upon her exiting her bedroom, the complainant proceeded to jump in her face again while engaged in a fighting stance. The subject stated she then stated to the complainant 'I got a gun in my hand. I will not fight you. I’m too old, but I will defend myself.' The subject stated she never pointed her gun at the complainant at any time. The subject stated she then stated to the complainant and the complainant’s daughter, 'The best thing for y’all to do is to be moved out by the time I get home from work.' Subject stated she then exited her residence and went to the Marlboro County probate office for work."

Miller said Bullock pled not guilty to the charge and requested a jury trial.

He said the trial is scheduled to take place in November.

Meanwhile, Crow believes his client will be exonerated on the gun charge and that SLED will find no wrongdoing on her behalf.

However, he said if that's not the case, he stands ready to defend her.

“I want the truth to come out. And if they want to charge her. If I don’t feel like it with my age. Or my hearing impairment. If I don’t feel like I can adequately represent her after 60 years of practicing law. I believe I can find some young lawyer to sit with me in any court room they want to go to anywhere. Because that is all I’ve done for 60 years,” said Crow.

ABC15 called Judge Bullock, but she hasn't returned the call.

On October 8, 2021, Bullock’s superior, Marlboro County Probate Judge Mark Heath, released the following statement on her continuing to work and not being placed on leave pending the outcome of investigation and gun charge.

“Why not, these are allegations? Until the facts are uncovered, there is really nothing I can say. You can refer to her attorney.”

Full Article & Source:

Marlboro Co. judge at center of investigation will work until 'facts are uncovered'

What happens to this IRS debt when a person dies?

By Karin Price Mueller

Q. What happens if a person dies owing the IRS and was having payments taken out of his Social Security check? He has no estate and no will. Social Security was notified by the funeral home. He had a live-in girlfriend and was estranged from his children. Who has to pay?

— Not me, I hope

A. In this case, no one.

When someone dies without a will, it’s called dying “intestate.”

Normally, an heir of the deceased would ask a probate judge to put them in charge of the deceased’s estate, said Bernie Kiely, a certified financial planner and certified public accountant with Kiely Capital Management in Morristown.

But you said in your question that the deceased had no estate and the children were estranged.

“There may be no one to stand up and accept responsibility,” Kiely said. “If there are no assets, no one would want to get involved.”

You said the deceased lived with his girlfriend. If they lived in an apartment, then there is no property there, Kiely said. If the deceased owned his home, then there may be some net worth in the home, he said.

“If the deceased died with no assets, then the IRS is out of luck,” Kiely said. “In this country, children do not inherit their parents’ liabilities.”

Full Article & Source:

What happens to this IRS debt when a person dies?

Board recommends suspension for Greene County judge accused of professional misconduct

Credit: Greene County courts

By Jen Balduf

 

Ohio Supreme Court to determine whether probate judge is sanctioned.

 

The Ohio Board of Professional Conduct of the Ohio Supreme Court on Friday issued a report that recommended a Greene County judge be suspended from the practice of law for six months following a complaint about harsh treatment of a man who came before his court.

 

The board recommended the sanction against Greene County Probate Judge Thomas O’Diam following a June 29 disciplinary hearing before a three-judge panel in connection to a 2019 grievance.

 

The panel recommended to the board that O’Diam be suspended for six months, but with the suspension stayed on condition he commit no further misconduct and complete six hours of continuing judicial education focused on judicial demeanor, civility and professionalism. 

 

However, the board stated that O’Diam needed to serve the six-month suspension, without pay, because judges are held to higher standards of integrity and ethical conduct than attorneys or other members of the public.

“The board believes an actual suspension is necessary to protect the public and serve as a deterrent for other judicial officers who may feel compelled to abuse their position of trust and authority to demean and belittle members of the public for personal gratification,” according to the report signed by Richard Dove, director of the Ohio Board of Professional Conduct.

The next step is for the board’s report to go before the Ohio Supreme Court. A party has 20 days to file objections to the board’s recommendations, and oral arguments will be scheduled if any are filed. The Supreme Court will issue a written opinion and order of any sanction imposed and conditions for probation or reinstatement, if applicable.

A complaint filed by the Office of Disciplinary Counsel on March 29 alleged that O’Diam violated the judicial code that states “a judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers … and others with whom the judge deals with in an official capacity.” The Ohio Board of Professional Conduct found that O’Diam had violated the code, according to its report.

Grant David Buccalo, whose deceased mother’s estate was being handled by O’Diam & Estess Law Group Inc. — the law firm where O’Diam’s daughter Brittany O’Diam practices — made comments to Greene County commissioners in May 2019 that he thought O’Diam “should recuse himself from cases in which ‘family members’ represent parties.”

Brittany O’Diam has represented clients in her father’s court in dozens and dozens of cases without Thomas O’Diam recusing himself. In all of those cases, she has filed a waiver of disqualification, a form all parties sign acknowledging the judge’s potential conflict of interest and agreement to proceed. Buccalo also had signed a waiver in the case.

Buccalo told commissioners at its May 23, 2019, meeting: “Justice depends on the appearance as well as the reality of fairness in all things. Otherwise, it erodes public confidence in the legal system.” Buccalo did not specifically mention his mother’s estate case or express concern about his involvement with O’Diam.

After learning about those statements to commissioners, O’Diam set a June 6, 2019, status conference for Buccalo’s estate case and issued a judgment order compelling the appearance of Buccalo and others without notifying them of the purpose nor that Buccalo would have to testify. O’Diam also contacted his daughter and prepared exhibits and questions for Buccalo, the report stated.

“He called Buccalo to testify under oath, without informing him of his right to have his counsel present, and interrogated him for over an hour in a disparaging manner.” He then allowed his daughter to do the same without restriction, according to the report. Combined, O’Diam and his daughter questioned Buccalo for about 75 minutes.

During the status conference, O’Diam played the recording of Buccalo’s comments to commissioners, and said, “Oh, I see this as very personal” and also accused Buccalo of “slander” and taking a “free shot” against him. After about an hour on the stand Buccalo, who is diabetic, asked for water but O’Diam replied, “I don’t have any water” and did not offer him a break or attempt to get water for him, the report stated.

“It was not a good time,” Buccalo previously told the Dayton Daily News.

At the end of the case status conference, the judge said he would formally recuse himself so the case would be handled by a visiting judge.

A week after the status conference, O’Diam — accompanied by his daughter — attended a June 13, 2019, Greene County commission meeting and discussed Buccalo’s case “to further publicly denigrate Buccalo” when he told them Buccalo’s comments were false and that he was publicly disparaged and slandered, the report stated.

The report found that O’Diam acted with a dishonest or selfish motive because during the status hearing he did not address whether there was a problem with the waiver or how any problems could be remedied. “Many of (O’Diam’s) statements during both the status conference and the disciplinary hearing were focused on the effect of Buccalo’s statement on (his) reputation the reputation of his daughter, and the reputation of his court, as well as how those statements personally offended him.”

The report also found that Buccalo suffered harm by O’Diam’s actions. He told the panel the experience at the status conference “had a profound effect on his mental health and also on his relationship with his family.”

Buccalo filed a grievance June 4, 2019, in Greene County regarding his concerns with the judge’s conflict waiver, which later was dismissed without investigation. However, he did not make the professional conduct complaint against O’Diam filed Sept. 30, 2019, as an anonymous grievance against the judge.

O’Diam sent a letter to Buccalo on May 4 ahead of the hearing to apologize for his conduct during the status conference. The judge said he did not reach out sooner because he thought Buccalo filed the complaint but later learned he did not, the report stated.

O’Diam has been the county probate judge since 2013. Before that, O’Diam was a probate attorney for 28 years.

Full Article & Source:

Board recommends suspension for Greene County judge accused of professional misconduct

Hearing date set for probate judge

By Scott Halasz

XENIA — A hearing date has been set for the Greene County Common Pleas Court judge accused of misconduct in his court room.

Probate Court Judge Thomas O’Diam will have a formal hearing in front of a three-member panel of the Board of Professional Conduct at 10 a.m. June 29 via video conference. The hearing is in response to a complaint made against O’Diam filed March 29.

The complaint with the Ohio Board of Professional Conduct of the Supreme Court, alleges that the judge violated rule 2.8(B) of the code, which states that “A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, court staff, court officials, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, court staff, court officials, and others subject to the judge’s direction and control.”

It alleges that O’Diam spoke harshly to someone in his courtroom who previously told Greene County commissioners that the judge should “should recuse himself from cases in which ‘family members’ represent parties.”

In an April 19 response filed by attorney Joe Borchelt, O’Diam admitted to most of the allegations while saying other parts of the certified complaint speak for themselves.

The alleged violation occurred during a June 6, 2019 status conference regarding the estate of Carolee Buccalo, which was being handled by Brittany O’Diam, Judge O’Diam’s daughter. Buccalo’s son, Grant David Buccalo, was called to the stand and questioned at length about the comments he made to the commissioners in 2019 regarding family members representing parties in Judge O’Diam’s court.

According to county records, Brittany O’Diam has represented clients in her father’s courtroom more than 40 times since O’Diam took over the bench. The judge did not recuse himself — until Buccalo’s case — but Brittany O’Diam filed a waiver of disqualification, which is a form parties sign acknowledging the judge’s potential conflict of interest and agreeing to move forward with the case.

Buccalo did sign one of those forms when Brittany O’Diam took on the case, but he said he was an “emotional mess” when he signed the wavier. He also said his comments to the county were not meant to be taken personally by Judge O’Diam.

The complaint indicates that Buccalo did not specifically mention his mother’s estate case or express concern about his own involvement with Judge O’Diam, other than to say that he had never met him and wouldn’t recognize him. Buccalo then said he planned to file a grievance with the disciplinary counsel.

In his response, O’Diam requested that the boardreview the matter and “issue a decision that is right and just.”

Full Article & Source:

Hearing date set for probate judge

Oakland County Probate judges hire attorney under criminal investigation

By: Heather Catallo

She was terminated from her position by the Attorney General and she was at the center of a 7 Action News investigation. So why are taxpayers now paying the salary of this local lawyer?

A criminal investigation was launched after we exposed how some public officials and real estate brokers were cashing in on probate estates, often leaving rightful heirs with very little.

So why is one of the public officials being investigated by Oakland County -- now working for Oakland County’s Probate Court?

The 7 Investigators first exposed probate attorney Barbara Andruccioli a year ago.

“How can the taxpayers have any confidence with you working here,” asked 7 Investigator Heather Catallo.

“Really, I think you probably need to talk to the judges,” said Andruccioli.

Andruccioli was a partner at Kemp Klein law firm. She was also an Attorney General-appointed Public Administrator: a public official with the authority to open probate estates after someone dies if there are no heirs available.

Court records show Andruccioli teamed up with real estate broker Ralph Roberts and his companies to open those estates, sell the homes, and cash in.

We uncovered court filings that show Andruccioli and one of Roberts’ companies, Probate Asset Recovery, were billing for thousands of dollars, while the actual heirs ended up with very little.
“They should be held accountable,” Joanne Zaremba told Catallo in 2017.

Until the 7 Investigators got involved, Zaremba had no idea that Andruccioli had opened an estate in her late mother’s name, even though under the law, Andruccioli had a duty to find the heirs.

After our investigation, Attorney General Bill Schuette terminated Andruccioli as a Public Administrator. And that’s not all: the FBI and Oakland County Sheriff’s detectives raided Ralph Roberts offices, and launched a criminal probe into the Public Administrators.

So why did the Oakland County Probate judges recently hire Andruccioli as the Probate Register for the county?

“How can the taxpayers have any confidence -- when you’re now under criminal investigation -- with you working in this court,” asked Catallo.

"That’s not true,” said Andruccioli.

“It struck me as the wolf guarding the hen house,” said Oakland County Treasurer Andy Meisner.

Oakland County Clerk Lisa Brown described her reaction when she first heard that the judges from the Probate Court (which Brown and Meisner do not oversee) hired Andruccioli: “Shock, absolute shock and bewilderment… So out of having a wonderful pool of applicants, why would you choose this person who has a cloud over them?”

In the wake of our reporting, Brown and Meisner successfully fought to change the state laws that allowed this probate practice to go on. Two bills sponsored by Rep. Jim Runestad (R-White Lake) and Rep. Jim Ellison (D-Royal Oak) were signed into law in February.

Neither Meisner nor Brown can understand why the four Oakland County Probate judges would hire Andruccioli.

“It’s natural that people that work together are going to get to know each other and establish relationships,” said Meisner. “The unusual part is when those relationships and friendships result in inappropriate preference, self-dealing, and lack of due process.”

The Probate Register oversees the daily operations of the Probate Courts Estates and Mental Health division.

Chief Probate Judge Kathleen Ryan would not talk to us on camera, but she did tell 7 Action News that the decision to hire Andruccioli as the Probate Register of the court was unanimous among all four judges and she said, “we’re confident in our hire.”

Judge Ryan also confirmed they hired Andruccioli at the top of the county pay scale, at $102,650. Also, in the past Andruccioli has given small campaign contributions to two of the judges who hired her (Judge Ryan and Judge Jennifer Callaghan), but Judge Ryan says that had no bearing on the hiring decision.

“I think it is a slap in the face to a lot of people,” said Brown. “It reduces confidence that justice will be served here.”

Officials from both the Oakland County Prosecutor’s office and Sheriff’s office tell the 7 Investigators that the criminal probe into the probate scheme and the Public Administrators is ongoing.

County officials such as the Clerk, the Treasurer and the County Executive do not have control over who the judges hire.

If you have a story for Heather, please email her at hcatallo@wxyz.com or call 248-827-4473.

Full Article & Source:
Oakland County Probate judges hire attorney under criminal investigation

Probate judge: Caprilands widower must pay $28K in back rent

A probate judge on Thursday issued several rulings regarding the once acclaimed Caprilands Herb Farm in Coventry, including ordering the widower of the farm’s creator to pay $28,000 to the court-appointed administrator of the estate for his use and occupancy of the farm since his life tenancy there was terminated in May.

Probate Judge John J. McGrath Jr. issued his written decree containing the rulings a day after hearing arguments on Caprilands matters from Edward W. Cook, 81, widower of Caprilands creator Adelma Grenier Simmons, and George M. Purtill, the court-appointed administrator of the estate.

The arguments centered on Cook’s use and occupancy of the farm and a final financial accounting related to the farm. The arguments were heard in Tolland-Mansfield Probate Court at Tolland Town Hall.

McGrath, who serves as probate judge in Windham, took over the Caprilands matter after Tolland-Mansfield Probate Judge Claire Twerdy’s mandatory retirement in July 2014. He has continued to oversee the case since then.

The former Caprilands Herb Farm, located at 534 Silver St., and Simmons’ estate has been locked in a probate battle since Simmons died in 1997.

On Wednesday, Purtill submitted into evidence a memo from Coventry Assessor Michael J. D’Amicol, who wrote to Purtill and Eric Trott, Coventry’s director of planning and development, that the estimated monthly rental of the property would be in the range of $3,500.

Purtill argued that because McGrath revoked Cook’s life tenancy on the farm on May 8 but Cook wasn’t evicted from the property until Jan. 7, he should be charged for his use and occupancy of the property for that time period.

Cook called the monthly $3,500 rental fee “outrageous” and argued it would take at least a decade to find someone willing to pay that much to rent the property at that rate.

McGrath also ordered that the law firm of O’Connell, Flaherty and Attmore LLC in Hartford, which once represented Cook before he started representing himself, be contacted regarding Caprilands’ final financial report while under Cook’s supervision.

Cook had been executor of his late wife’s estate until September 2017 when McGrath removed him from that role and appointed Purtil1.

Lawyer Gary Attmore had represented Cook in Caprilands matters until he died on May 3.

Cook has been in contempt of court since June for failing to file a final financial report for his activities as executor of the estate. Cook said in court Wednesday that the report was mostly finished and in the possession of the law firm that formerly represented him.

“The firm has not filed an appearance to the court,” McGrath told Cook. “Attorney Attmore died. He’s not involved in the case anymore. No other attorney has filed an appearance saying they will represent you. You’ve got to put the report together.”

Purtill said that if the final financial report is not forthcoming from Cook, he would hire a forensic accountant to find the financial records and prepare a report.

McGrath also ordered in his decree that the $1,000-a-day contempt penalties Cook owes from refusing to let inspectors into the Caprilands farmhouse be given to the Simmons estate, which is administrated by Purtill.

McGrath held Cook in contempt of court and issued the penalty on Dec. 28, 2017, and Cook has accrued the $1,000-a-day penalty up until Jan. 7 when Coventry Fire Marshal Bud Meyers was finally able to inspect the farmhouse, bringing the total in contempt penalties against Cook to $375,000.

Cook told McGrath that he was never in contempt of court and that the only person who ever asked to inspect the house was Trott, whom he felt didn’t have a right to do so.

Purtill and McGrath both told Cook that they also requested to inspect the house and that he refused.

“I issued that because I remember looking you right in the eyes and saying, ‘Are you willing to allow this?’ and you looking me right back and saying, ‘no,’” McGrath told Cook. “That’s contempt of court.”

In his decree, McGrath also ruled that Purtill can proceed with removing debris and personal property from the farm according to a plan Purtill recommended in court on Wednesday.

Purtill recommended that Cook make a list of all his possessions on the property and if Purtill has any argument against what Cook claims as his, the court could determine the legitimacy of Cook’s claim.

Purtill also said he would like to give Simmons’ grandchildren the opportunity to come into the farmhouse and claim any personal memorabilia that they would like to keep, such as family photographs and the family bible.

McGrath, in allowing Purtill to go forward with his plan, added that the state has an active interest in the farm’s potential value as a charitable entity and that the attorney general’s office must be consulted before the destruction or distribution of any property belonging to the estate.

Lastly, McGrath ordered that Cook turn over to Purtill within 15 days any material he may have that’s related to intangible or intellectual property relating to Caprilands or Simmons.

Full Article & Source: 
Probate judge: Caprilands widower must pay $28K in back rent

NH judge in Nathan Carman case rebukes attorneys, accuses them of trying to take advantage of him

Nathan Carman has been accused by family members of killing his millionaire grandfather and possibly his mother.

In a stinging 37-page ruling Friday, a New Hampshire probate judge refused to sanction Nathan Carman for revealing confidential records and instead accused lawyers for his three aunts of trying to take advantage of the fact he is representing himself in a legal fight over Carman’s access to a $7 million inheritance.

Judge David K. King’s ruling followed a hearing last month where the lawyers — Dan Small and William Satterly — sought to have Carman sanctioned for revealing Windsor police department documents in a separate case in a Rhode Island federal court. King made it clear that he believes there is a pattern of the attorneys “attempting to take advantage” of the fact that Carmen is representing himself in court.

Carman’s three aunts — Valerie Santilli, Elaine Chakalos and Charlene Gallagher — have filed a so-called “slayer” petition in New Hampshire to keep Carman from inheriting $7 million in light of his grandfather’s death in 2013 and his mother’s presumed death while on a fishing trip with Nathan Carman. The case is scheduled to go to trial in January.

Both Carman and his mother, Linda Carman, were on a fishing trip in 2016 when their boat sank. Carman was rescued from a raft eight days later and Linda Carman is presumed dead.

Carman was identified in a search warrant as a suspect in the 2013 shooting death of his father, John Chakalos. Carman has not been charged in his grandfather’s death and has denied killing him.

In Friday’s ruling, King wrote that “there have been a number of pleadings filed by petitioner’s counsels that are without merit such that one may question whether counsels are attempting to take advantage of Mr. Carman’s pro se status and lack of legal training.”

King held a three-hour hearing last month about concerns that Carman’s attorney in a Rhode Island boat insurance case had revealed parts of the nearly 22,000-page investigative report by Windsor police into the slaying of Chakalos, who was shot in his Windsor home in 2013. Police sought an arrest warrant for Nathan Carman. It was not approved.

In court documents filed in Rhode Island, federal court attorney David Anderson seeks to interview a woman referred to as “Mistress Y” about the weekend of Dec. 13-14, 2013 that she spent with John Chakalos at the Mohegan Sun. In an interview after the murder, the woman told Windsor police he gave her $3,500 for breast enhancement. She denied having sex with him. She told police that she did have a conversation with Chakalos on Dec. 19, 2013, that lasted about 20 minutes and was “sexual in nature.” She said they made plans during that phone call to go to New York City together over Christmas.

The timing of that phone call is a key issue for Carman’s defense. He has said that he left his grandfather’s house just as he started talking to the mistress and that Chakalos paused the conversation with her to say goodbye to Carman.

Also at last month’s hearing Carman sought sanctions against Small and Satterly for filing some of his medical and education records publicly instead of under seal and for using some of those medical records against him in yet another case pending in the West Hartford, Conn., probate court where Nathan Carman is trying to get a judge to remove Valerie Santilli as trustee of a trust in Nathan’s name so that he can get $150,000 to hire an attorney in the New Hampshire case.

King said the attempt to file Carman’s medical records without a seal is just the latest in a series of “uncivilized, bordering on unethical conduct.”

Full Article & Source: 
NH judge in Nathan Carman case rebukes attorneys, accuses them of trying to take advantage of him