Showing posts with label trial. Show all posts
Showing posts with label trial. Show all posts

Monday, September 9, 2024

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

by: Bobbie Pottorff

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

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

Tammy Tripp, 51

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

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

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

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

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

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

Wednesday, September 21, 2022

Mistrial declared in case of woman charged with client's abuse, neglect

Rebecca Fierle, a guardian to 75-year-old Steven Stryker, is accused of placing a "do not resuscitate" order on him. He died in May 2019. 


Author: Andrew Krietz, Hannah Dineen

TAMPA, Fla. — A Hillsborough County judge declared a mistrial Monday in the case of a former Florida guardian accused of causing the death of an elderly man in May 2019.

The judge issued the ruling when a jury deadlocked since deliberating in the case charging Rebecca Fierle with aggravated abuse and neglect of an elderly person, 75-year-old Steven Stryker. 


Jurors on Friday told the judge that they needed more time to deliberate the case. It resumed Monday with the judge telling them to take as much time as needed to reach a verdict before the mistrial was called.

Fierle was appointed to be Stryker's guardian in September 2018. A guardian is appointed to someone when they aren’t able to make medical and financial decisions for themselves. 

In 2019, the Florida Department of Law Enforcement investigated claims he did not want a "do not resuscitate" order and he had stated, many times, that he wanted to live. Fierle ordered his doctors not to perform any life-prolonging procedures, the FDLE said.

She reportedly ordered doctors at St. Joseph’s Hospital in Tampa to cap Stryker's feeding tube.

Stryker died on May 13, 2019.

Fierle was arrested in February 2020. She allegedly placed "do not resuscitate" orders on other clients without their permission.

"All I can say is that this is extremely emotional for me. I’ve waited a long time to see her held accountable for how she treated my father," said the daughter of Stryker, Kim Stryker, to WKMG-TV at the time of Fierle's arrest. 


 
Full Article & Source:

I-Team: Mistrial declared for woman who had the largest guardianship practice in Florida

by Danielle DaRos

A judge declared a mistrial on Monday in the trial Rebecca Fierle, the woman considered to be Florida's most notorious guardian.

Fierle faced felony abuse charge related to the death of 75-year-old Steven Stryker, a ward in her care.

As the CBS12 News I-Team reported last year, Fierle had the largest guardianship practice in the state, overseeing the medical care and finances of more than 400 people spanning 19 counties.

A judge put her in charge of Stryker, and against his wishes, Fierle signed a "Do Not Resuscitate" order for him, and decided to cap his feeding tube.

Days later, he choked while in the hospital. Because of the DNR, hospital staff could not save him.

An investigation revealed Fierle had put DNRs on a number of her wards, and an audit found she collected millions of dollars in fees that were not authorized by courts.

Fierle was on trial for the abuse and neglect charge. The judge declared a mistrial for the case after a hung jury.

Her defense team told a jury she was doing her best to handle complicated cases, while prosecutors showed she only spoke to Stryker a few times before making life and death decisions for him.


Full Article & Source:

Monday, September 19, 2022

Testimony wraps in trial of former professional guardian accused of elderly abuse


By: Adam Walser

HILLSBOROUGH COUNTY, Fla. — On Thursday, the trial continued in the case of former professional guardian Rebecca Fierle, who was accused of contributing to the death of a man under her care.

Testimony wrapped up and both sides rested after the jury heard from more than a dozen total witnesses. Fierle did not take the stand in her own defense.

She is charged with felony, aggravated abuse of an elderly person, and neglect of an elderly person. Fierle was appointed by a judge to be Steven Stryker‘s guardian in 2018 after Stryker was baker acted and ended up in an Orlando hospital.

Investigators said Fierle allegedly ordered his feeding tube to be capped and requested a do-not-resuscitate (DNR) order against his wishes while he was a patient at Saint Joseph’s hospital in May 2019. The record showed that he choked to death five days later.

Several experts testified for the defense on Thursday about Stryker's medical, psychological and behavioral problems that led to the guardianship and made it difficult for Fierle to find a place for him to live. 

Stryker was a convicted sex offender who pleaded guilty to charges that he exposed himself in 2000 while intoxicated. That meant nursing homes wouldn’t take him and assisted living facilities couldn't care for him.

Several experts also testified about Stryker's poor health prognosis at the time of his death.

"He was a sick man and it was just a question of time for this guy to have expired naturally," said Dr. Philip Atigre who treated Stryker.

After being asked whether having or not having a feeding tube would have a good outcome for Stryker, Dr. Arigre said, "next to none."

The jury will return Friday at 8:30 a.m. to hear their instructions and opening statements, then begin their deliberations.


Full Article & Source:
 
 
 
See Also: 
 

Friday, September 16, 2022

Opening state­ments Wednesday in trial of ousted Central Florida guardian


By Jason Lanning

TAMPA, Fla. — Opening statements are scheduled to start on Wednesday in the trial of a former Central Florida guardian.

Rebecca Fierle, the professional guardian ousted from hundreds of cases following the death of a ward in her care, is facing charges of abusing and neglecting an incapacitated client.

The case sparked a statewide scandal in Florida’s guardianship system and eventually led to new laws in 2020 to better protect seniors.


What You Need To Know

  • Professional guardian on trial after the death of seniors in her care

  • Rebecca Fierle facing charges of abusing and neglecting an incapacitated client

  • Fierle oversaw the medical care of dozens of seniors across the state; case led to new laws in 2020 to better protect seniors

Fierle oversaw the medical care of dozens of seniors across the state, but that came to a halt in May of 2019. The family of 74-year-old Steven Stryker, one of her patients, says she issued a do not resuscitate order for Stryker, even though he wanted to live.

According to Stryker's daughter Kim, that's what happened on May 13, 2019, at St. Joseph's Hospital in Tampa. Because of the DNR order from Fierle, hospital staff couldn't work to help Stryker and he died as a result.

The case now has Fierle facing charges of abusing and neglecting the elder Stryker. A jury was selected Tuesday.

The case forced a state investigation into the guardianship program in Orange County. It found a dozen problem cases out of 3,000 dating back to 2007. There had been eight prior complaints concerning Fierle before the Stryker case.

Rebecca Fierle, the professional guardian ousted from hundreds of cases following the death of a ward in her care, is facing charges of abusing and neglecting an incapacitated client. (Marion Co. Sheriff's Office)

Fierlie resigned as a result of the audit and was removed from 98 patient cases in Orange and Osceola counties.

The case ultimately drove lawmakers to unanimously vote to amend Florida's guardianship law in 2020. The law required permission from a family member or judge before requesting a DNR order.

Since her arrest, Fierle has not talked to the media.

It's unclear how long this trial will last or exactly how long she could spend in prison if convicted.

COMPLETE COVERAGE:

 
Full Article & Source:
 
See Also: 
 
 

Ex-guardian Rebecca Fierle asks judge to pause lawsuit by family of man who died under DNR

Marion deputies release video of arrest of former Florida guardian Rebecca Fierle

Attorney General Ashley Moody fires back at embattled former Florida guardian

Guardian at center of Florida scandal appeals judge’s ruling that she broke state rules by misusing DNRs

Ex-guardian Rebecca Fierle charged Altamonte Springs facility $100K, illegally pocketed refunds, investigation finds

Florida Elder Affairs chief announces ‘immediate’ changes as embattled Orlando guardian Rebecca Fierle resigns from all cases

Florida professional guardian Rebecca Fierle: Devoted or dangerous? | Exclusive

Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle

Expert’s complaint against Florida guardian Rebecca Fierle was ignored for years before scandal erupted | Exclusive

Orlando guardian accused of filing unauthorized ‘do not resuscitate’ orders resigns from Seminole cases

Watchdog: In Short Hearing, Fierle Given Guardianship Over Patient

Judge releases confidential information to authorities investigating former Orlando guardian Rebecca Fierle

Thursday, September 15, 2022

Orlando guardian’s client wanted to live, but she overruled him, hospital staff testify

By Monivette Cordeiro 

Rebecca Fierle, sits in a Tampa courtroom on trial having been charged with aggravated abuse and neglect of an elderly or disabled adult in Tampa, Fla., Wednesday, Sept. 14, 2022. Fierle is charged in the case of Steven Stryker, a 75-year-old man whose death sparked a statewide scandal in Florida’s guardianship system. (Willie J. Allen Jr./Orlando Sentinel)

TAMPA — When psychiatrist Dr. Kirtikumar Pandya examined Steven Stryker at Tampa’s St. Joseph’s Hospital in 2019, the 75-year-old man showed cognitive problems with memory and judgment but was clear on his desire to continue treatment, Pandya testified in court Wednesday.

“Did you indicate ... that he was able to determine that he wanted to live?” Assistant Statewide Prosecutor Cass Castillo asked.

“Yes,” Pandya answered.

“Was that your opinion — that he was able to make that decision?” Castillo asked.

“Yes,” the psychiatrist said.

Prosecutors say that went contrary to the desires of his court-appointed caretaker, former Orlando guardian Rebecca Fierle, who signed a “do not resuscitate” order on Stryker’s behalf against his wishes and ordered medical staff at a Tampa hospital to cap his feeding tube, despite warnings that he could choke and die.

Stryker aspirated and died five days after the tube was capped.

Fierle, 53, is charged with aggravated abuse and neglect of an elderly or disabled adult in the case of Stryker, whose death sparked a statewide scandal in Florida’s guardianship system. Fierle, who pleaded not guilty, has denied wrongdoing in the past.

Prosecutors are expected to rest their case against Fierle early Thursday. On Wednesday, jurors heard from an array of hospital staff members who said she went against Stryker’s wishes, favoring choices she claimed would prioritize the “quality” of his life over its length.

A Florida Department of Law Enforcement investigation found Fierle left St. Joseph’s staffers unable to take lifesaving measures because of the DNR order. Jurors, though, did not hear about the order after a judge ruled to exclude it from the trial.

Fierle’s attorneys argued the DNR “never came into play” in Stryker’s death because Stryker was found deceased in his hospital room and no care or treatment was ever withheld from him because of the order.

“Any discussion of the DNR has the risk of inflaming the jury and improperly appealing to their emotions,” Circuit Judge Robin Fuson wrote in a June 13 order.

Stryker was a patient at AdventHealth Orlando in 2018 when the hospital asked a judge to declare him incapacitated and appoint Fierle to make all his decisions. Stryker had a history of dementia and suffered from multiple conditions, including esophageal strictures, which made swallowing difficult and required him to use a feeding tube, medical staff testified.

While under Fierle’s care, Stryker was in different hospitals and assisted living facilities, staff said. It was difficult to place Stryker in an assisted living facility because of his feeding tube and his registration as a sex offender for lewd exhibition, according to staff.

While Stryker was at St. Joseph’s Hospital starting in April 2019, nurse practitioner Julie Thomas said Stryker told her he wanted to continue aggressive medical measures to prolong his life. She told jurors she takes what dementia patients say with “a grain of salt” because they’re not consistent.

Pandya told jurors Stryker did not have the capacity to make quality-of-life decisions or understand the full scope of his medical issues, so he asked for a consultation between the hospital ethics committee and Fierle.

Nelson Lezcano, a doctor at St. Joseph’s Hospital who treated Stryker, said Fierle told medical staff at the meeting that she wanted Stryker’s feeding tube capped so he would be accepted into an assisted living facility despite their warnings of the risk.

“Why did you cap the feeding tube if it didn’t have a medical benefit?” Castillo asked.

“It was a request from [Fierle],” Lezcano said. “... At some point, specifically, she said she preferred the patient to have quality over quantity of life.”  (Click to continue reading)

Full Article & Source:
 
See Also: 
 

Ex-guardian Rebecca Fierle asks judge to pause lawsuit by family of man who died under DNR

Marion deputies release video of arrest of former Florida guardian Rebecca Fierle

Attorney General Ashley Moody fires back at embattled former Florida guardian

Guardian at center of Florida scandal appeals judge’s ruling that she broke state rules by misusing DNRs

Ex-guardian Rebecca Fierle charged Altamonte Springs facility $100K, illegally pocketed refunds, investigation finds

Florida Elder Affairs chief announces ‘immediate’ changes as embattled Orlando guardian Rebecca Fierle resigns from all cases

Florida professional guardian Rebecca Fierle: Devoted or dangerous? | Exclusive

Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle

Expert’s complaint against Florida guardian Rebecca Fierle was ignored for years before scandal erupted | Exclusive

Orlando guardian accused of filing unauthorized ‘do not resuscitate’ orders resigns from Seminole cases

Watchdog: In Short Hearing, Fierle Given Guardianship Over Patient

Judge releases confidential information to authorities investigating former Orlando guardian Rebecca Fierle

Tuesday, September 13, 2022

Trial scheduled to begin for former professional guardian accused in man's death

Rebecca Fierle trial expected to last all week

 
Photo by: WFTS
Stryker case led lawmakers to change Florida's guardianship law, requiring guardians to get a judge's permission to seek a DNR.

By: Adam Walser

TAMPA, Fla. — The trial of former professional guardian Rebecca Fierle is scheduled to begin Tuesday in Hillsborough County Circuit Court.

Fierle is charged with aggravated abuse of an elderly person and neglect of an elderly person, both felonies, in connection with the death of Steven Stryker in 2019.

The ABC Action News I-Team has been following the case since it first came to light more than three years ago and led to changes in Florida’s guardianship law.

We have completed dozens of stories since 2013 as part of our “The Price of Protection” series, focusing on problems with Florida’s court-appointed guardians.

“Rebecca demanded that his feeding tube be capped”

The Fierle case started with a report prepared by the Okaloosa County Inspector General’s Office, which was released in June of 2019. That report accused Fierle of taking actions that led to Stryker’s death while serving as his guardian.

Stryker, a 74-year-old Navy veteran, had a chronic medical condition that made it difficult for him to swallow and required him to have a feeding tube.

Steven Stryker
Steven Stryker

“Rebecca demanded that his feeding tube be capped,” Linda Lanier said in June 2019. Lanier was Stryker’s friend and power of attorney.

She was on vacation in another state when Stryker ended up in a hospital in Orlando.

A judge appointed Fierle as his professional guardian, allowing Fierle to make medical and financial decisions on his behalf. Fierle requested that Stryker be transferred to an assisted living facility in Tampa.

Rebecca Fierle in 2019
Rebecca Fierle in 2019

In May of 2019, Stryker had a medical episode and was taken to St. Joseph’s Hospital.

According to the investigative report, Fierle requested that Stryker’s feeding tube be removed and requested that a do-not-resuscitate order (DNR) be placed on Stryker.

“Knowing that he’s going to aspirate, because he couldn’t take anything by mouth yet, it’s pretty much a death sentence,” Lanier said.

Stryker’s daughter, Kimberly Stryker, sent an email to the judge in Stryker’s guardianship case on May 9, 2019, that said “his guardian has insisted on including a DNR… despite his vocal opposition."

Email sent to judge in Stryker case by Stryker's daughter regarding Fierle's performance as his guardian
Email sent to judge in Stryker case by Stryker's daughter regarding Fierle's performance as his guardian.

The email continued, “he is doing much better and is quite lucid and extremely upset that this woman has full control over his medical and financial records."

“To see him at the end literally begging, begging for his life. He was very lucid,” Lanier said. “He knew what Rebecca was doing.”

Stryker choked to death in the hospital six days after the email was sent.

Fierle had multiple prior complaints

Fierle had been the subject of eight complaints to the Office of Public and Professional Guardians, the state watchdog agency appointed to police professional guardians.

That agency had taken no disciplinary action against her at the time of Stryker’s death.

Months earlier, the I-Team previously uncovered out of 132 complaints that the watchdog office received during its first two years, OPPG didn’t revoke a single guardian’s registration.

“You’ve had over 130-some cases and nothing has happened to anybody? That just doesn’t strike me as being acceptable,” Florida Gov. Ron DeSantis said in February 2019 after we uncovered many of the investigations opened years earlier had not even been completed.

At the time of Stryker’s death, Fierle had 450 wards from 15 counties under her care.

Adam Walser questions Rebecca Fierle in 2019
Adam Walser questions Rebecca Fierle after she was removed from more than 100 guardianship cases in 2019.

“I think that there’s going to be action taken, whether it’s administratively, or legislatively or a combination because I think something needs to be done,” Gov. DeSantis said after hearing about Stryker’s death.

The next month, the executive director of OPPG resigned.

Stryker case led to changes in law

Florida legislators immediately began taking action to address the concerns raised by the case.

“I was horrified. I was not aware that that practice was being employed by her or any other guardian. So immediately jumped into action,” Sen. Kathleen Passidomo said.

Lawmakers unanimously voted to amend Florida’s guardianship law in 2020, requiring guardians to get permission from a family member or a judge before requesting a do-not-resuscitate order.

The legislation also changed how guardians are appointed and how many wards professional guardians can be assigned

In February 2020, Fierle was arrested following an eight-month investigation by the Florida Department of Law Enforcement and the Florida Attorney General’s Office.

During a search of her office, FDLE agents found unidentified cremains of nine people and a dog.

Jury selection is expected to begin at 8:30 Tuesday morning and the trial should last through the week. Fierle has pleaded “not guilty” to the charges.

If you have a story you’d like the I-Team to investigate, email at adam@abcactionnews.com

Full Article & Source:
 
See Also: 

Ex-guardian Rebecca Fierle asks judge to pause lawsuit by family of man who died under DNR

Marion deputies release video of arrest of former Florida guardian Rebecca Fierle

Attorney General Ashley Moody fires back at embattled former Florida guardian

Guardian at center of Florida scandal appeals judge’s ruling that she broke state rules by misusing DNRs

Ex-guardian Rebecca Fierle charged Altamonte Springs facility $100K, illegally pocketed refunds, investigation finds

Florida Elder Affairs chief announces ‘immediate’ changes as embattled Orlando guardian Rebecca Fierle resigns from all cases

Florida professional guardian Rebecca Fierle: Devoted or dangerous? | Exclusive

Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle

Expert’s complaint against Florida guardian Rebecca Fierle was ignored for years before scandal erupted | Exclusive

Orlando guardian accused of filing unauthorized ‘do not resuscitate’ orders resigns from Seminole cases

Watchdog: In Short Hearing, Fierle Given Guardianship Over Patient

Judge releases confidential information to authorities investigating former Orlando guardian Rebecca Fierle
 

Friday, September 2, 2022

Trial underway in Albany elderly exploitation case

Video from WALB

 By Riley Armant

ALBANY, Ga. (WALB) - The trial for an Albany woman accused of exploiting elderly people is underway.

Michelle Oliver is standing trial after she was charged with taking checks from people but not taking care of them. She is facing a jury on operating an unlicensed personal care home, multiple counts of deprivation of services to elderly and disabled adults and exploitation of disabled adults.

The trial comes five years after Oliver was arrested in September 2017. Oliver is representing herself in court.

Several officers and state employees testified on Tuesday. All of them described the living facilities and the residents as dirty, unkempt and hungry. 

“As soon as I came in there, I knew it was an unlicensed facility,” Leisha Lavender, a witness, said.

Officials said there are multiple witnesses and law enforcement officers involved in the case.

Oliver is currently representing herself during the trial and being prosecuted by the state.

Full Article & Source:
Trial underway in Albany elderly exploitation case 

Thursday, September 3, 2020

Judge dismisses AdventHealth from lawsuit by family of man at center of guardianship scandal — for now

Steven Stryker, seen here during his time working for the Environmental Protection Agency, according to his daughter. Stryker died while under the care of Rebecca Fierle, who according to investigators filed a "do not resuscitate order against Stryker's wishes. (Courtesy of Kim Stryker)
By Monivette Cordeiro

A judge has dismissed AdventHealth Orlando from a lawsuit filed by the family of a man who died under the care of a private guardian paid by the hospital company, finding that the plaintiffs failed to comply with Florida’s medical negligence claim requirements.

Robin Treto, one of the attorneys representing the family of 75-year-old Navy veteran Steven Stryker, called the dismissal filed Monday “temporary.”

“We’ll be able to resume claims against AdventHealth in a few months,” he said.

Stryker died May 2019 at St. Joseph’s Hospital after medical staff were unable to attempt to save his life because former guardian Rebecca Fierle signed a “do not resuscitate” order against his wishes and the protests of his daughter, health-care surrogate and psychiatrist.

His death sparked a statewide scandal that led to reforms of Florida’s troubled guardianship system and landed Fierle behind bars on charges of aggravated abuse and neglect of an elderly person.

Stryker was a patient at AdventHealth in 2018 when the hospital asked a judge to declare him incapacitated and appoint Fierle to make all medical, financial, housing, legal and personal decisions instead of his chosen health-care surrogate and friend, Linda Lanier.

Lanier has told the Orlando Sentinel that AdventHealth seemed determined to put Stryker into guardianship and get him discharged from the hospital, despite her efforts to find him a new place to live.

Without the required court approval, Fierle billed AdventHealth for providing services to Stryker and nearly 700 other vulnerable patients over a decade — to the tune of nearly $4 million, according to an audit by the office of Orange County Comptroller Phil Diamond.

Months later at St. Joseph’s, Fierle authorized a DNR order on behalf of Stryker and insisted his feeding tube be capped, despite Stryker stating “several times” he wanted to live and medical staff warning her he could choke and die, according to the Florida Department of Law Enforcement.

Stryker aspirated and went into cardiac arrest, according to the lawsuit. He died May 13.

The lawsuit filed against Fierle and AdventHealth by Kimberly Stryker, the man’s daughter who is in charge of his estate, alleged negligence in her father’s care.

“Rebecca Fierle’s negligence, neglect, abuse, and exploitation of Steven Stryker caused his death,” the lawsuit said. “AdventHealth created, facilitated, and funded the guardianship relationship between Rebecca Fierle and Steven Stryker and is therefore responsible for the actions that led to Mr. Stryker’s death.”

The hospital company argued the complaint is actually a medical negligence claim. Florida law requires that, before filing such a lawsuit, claimants have to conduct an investigation to find “reasonable grounds” for the suit with a corroborating opinion by a medical expert, as well as give 90 days notice to the defendants.

AdventHealth said there are “no allegations” that it played a role in Fierle’s decision to authorize a DNR order on Stryker or that it exercised control over his care after he was discharged from the hospital, court records show.

Treto had argued the claim was not a medical negligence claim because Fierle is not a health care provider like a doctor or surgeon.

“What Rebecca Fierle did and the relationship she had [with AdventHealth], none of that is diagnosed as care or treatment,” he said. “We’re saying they’re ordinary negligence claims.”

When reached for comment, AdventHealth spokesman Bryan Malenius said the hospital company would “continue to respond as appropriate in court.”

Full Article & Source:
Judge dismisses AdventHealth from lawsuit by family of man at center of guardianship scandal — for now

See Also:
Ex-guardian Rebecca Fierle may not stand trial in ward’s death until 2021, attorney says

Ex-guardian Rebecca Fierle asks judge to pause lawsuit by family of man who died under DNR

Marion deputies release video of arrest of former Florida guardian Rebecca Fierle

Attorney General Ashley Moody fires back at embattled former Florida guardian

Guardian at center of Florida scandal appeals judge’s ruling that she broke state rules by misusing DNRs

Ex-guardian Rebecca Fierle charged Altamonte Springs facility $100K, illegally pocketed refunds, investigation finds

Florida Elder Affairs chief announces ‘immediate’ changes as embattled Orlando guardian Rebecca Fierle resigns from all cases

Florida professional guardian Rebecca Fierle: Devoted or dangerous? | Exclusive

Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle

Expert’s complaint against Florida guardian Rebecca Fierle was ignored for years before scandal erupted | Exclusive

Orlando guardian accused of filing unauthorized ‘do not resuscitate’ orders resigns from Seminole cases

Watchdog: In Short Hearing, Fierle Given Guardianship Over Patient

Judge releases confidential information to authorities investigating former Orlando guardian Rebecca Fierle

Thursday, July 30, 2020

Ex-guardian Rebecca Fierle may not stand trial in ward’s death until 2021, attorney says

Rebecca Fierle ignored reporters questions after she was released from the Marion County jail Tuesday. The former guardian is accused of abusing and neglecting a ward who died while in her care, 75-year-old Steven Stryker. (Monivette Cordeiro)
By Monivette Cordeiro

Rebecca Fierle, the former Orlando guardian accused of abusing and neglecting an incapacitated client whose death sparked a statewide scandal in Florida’s guardianship system, may not stand trial until 2021 due to the coronavirus pandemic, her attorney said Tuesday.

And a lawsuit filed against Fierle by the family of her dead ward, Steven Stryker, will be delayed even longer after a judge granted her request to put the civil trial on hold until her criminal case is resolved. 

During a hearing Tuesday conducted by conference call, attorney Barry Postman argued Fierle would lose her Fifth Amendment right not to incriminate herself in the criminal case if she was forced to first defend herself against the same accusations in the civil trial.

The disgraced guardian is accused of aggravated abuse and neglect in the death of Stryker, a 75-year-old man who died at a Tampa hospital in 2019. Medical staff were unable to attempt to save Stryker’s life because Fierle had signed a “do not resuscitate” order against his wishes and the protests of his daughter, health-care surrogate and psychiatrist.

Despite Stryker stating “several times that he wanted to live,” Fierle signed the DNR order and opted to have his feeding tube capped May 9, according to the Florida Department of Law Enforcement. Stryker, who was using a feeding tube because he had difficulty swallowing, aspirated and went into cardiac arrest, the suit said.

He died May 13.

“If she testifies in a civil case, she’s going to be compelled to testify in a criminal case,” Postman said. “There is an absolute prejudice.”

But Robin Treto, the attorney representing Stryker’s family, said moving forward was important not only for his client but also for the “elderly and the vulnerable in our community to get justice and reform.”

In his ruling, Circuit Judge Kevin B. Weiss said it was an “undisputed fact” that both cases are based on the same circumstances. The order requires check-ins on the status of Fierle’s criminal case every six months starting in January. 

Weiss’ order does not apply to the other entities being sued — AdventHealth Orlando and Geriatric Management, Fierle’s business. Stryker was a patient at AdventHealth Orlando when the hospital petitioned a judge to declare him incapacitated and appoint Fierle his guardian.

Without telling the court, Fierle billed AdventHealth nearly $4 million over a decade for services she provided to 682 patients and sometimes double-billed her wards for the same services, according to an audit by the Orange County Comptroller’s office. 

Florida Supreme Court Chief Justice Charles Canady suspended all in-person jury trials in March but, as of early July, courts are allowed to loosen those restrictions when local public health conditions improve — though no courts in Florida have met the criteria.

“It does not appear that there will be any — no one knows for sure — jury trials in the rest of this calendar year in criminal cases, at least,” said Warren Lindsey, Fierle’s attorney in her criminal case out of Hillsborough. “We expect the case to be resolved sometime in calendar year 2021.”

Fierle has denied wrongdoing and pleaded not guilty.

Full Article & Source:
Ex-guardian Rebecca Fierle may not stand trial in ward’s death until 2021, attorney says

See Also:
Ex-guardian Rebecca Fierle asks judge to pause lawsuit by family of man who died under DNR

Marion deputies release video of arrest of former Florida guardian Rebecca Fierle

Attorney General Ashley Moody fires back at embattled former Florida guardian

Guardian at center of Florida scandal appeals judge’s ruling that she broke state rules by misusing DNRs

Ex-guardian Rebecca Fierle charged Altamonte Springs facility $100K, illegally pocketed refunds, investigation finds

Florida Elder Affairs chief announces ‘immediate’ changes as embattled Orlando guardian Rebecca Fierle resigns from all cases

Florida professional guardian Rebecca Fierle: Devoted or dangerous? | Exclusive

Cremated remains of 9 people found at Orlando office of disgraced former guardian Rebecca Fierle

Expert’s complaint against Florida guardian Rebecca Fierle was ignored for years before scandal erupted | Exclusive

Orlando guardian accused of filing unauthorized ‘do not resuscitate’ orders resigns from Seminole cases

Watchdog: In Short Hearing, Fierle Given Guardianship Over Patient

Judge releases confidential information to authorities investigating former Orlando guardian Rebecca Fierle

Tuesday, July 17, 2018

Trial for woman accused of taking from elderly woman will continue Tuesday

Sandra Steinberg
During opening arguments in the trial for a woman accused of stealing money from an elderly woman, the defense and prosecution offered vastly different pictures of the relationship between the two women.

Sandra Steinberg, 50, was charged in April 2017 with exploitation of a vulnerable adult, a class B felony. Police and prosecutors claim that Steinberg stole thousands of dollars, including money from oil royalties, from an elderly woman she had been helping to care for.

In his opening statement, Nathan Madden, assistant state’s attorney for Williams County, said the woman Steinberg is accused of stealing from was 74 and barely able to leave home. He said the woman trusted Steinberg enough to add her to her checking account, and that eventually, Steinberg took thousands of dollars from that account.

“Once (Steinberg) started realizing the oilfield checks started coming in, you’re going to see a spike in the money coming out of (the elderly woman’s) account,” Madden told the jury.

Madden said the elderly woman wrote some checks to Steinberg but that Steinberg also wrote out checks to herself in the woman’s name, used the woman’s account to pay her utility bills and that she would deposit part of oil royalty checks while keeping money for herself.

According to police, Steinberg stole $9,500 in oil royalties from last August 2016 through March 2017. She also allegedly withdrew about $5,200 from the woman’s bank account, and wrote several unauthorized checks totaling more than $900.

During his opening statement, though, defense attorney Kevin Chapman said the woman wasn’t vulnerable and that while Steinberg had helped the woman, she hadn’t been an official caretaker, wasn’t in a position of trust and didn’t have power of attorney.

“There was nothing like that,” Chapman said. “They had a joint banking account that they both had the authority to operate out of.”

He said the pair were joint owners of the account, and that they became financially intertwined, but that there was no contract limiting what Steinberg was supposed to use money for.

Chapman also disputed that the woman met the legal definition of a vulnerable adult, saying she was able to drive when she and Steinberg became friends.

He said the woman had done well on a mental acuity test and while she had arthritis and limited mobility, that didn’t meet the legal standard.

“The state tries to equate limited mobility with that, but that’s simply not sufficient,” Chapman told the jury.

Steinberg’s trial had previously been set for April, but was delayed. Also in April, a judge rejected a plea deal between Steinberg and prosecutors. That deal would have given Steinberg a maximum sentence of one year in jail.

Monday was mostly taken up with jury selection, with questioning from attorneys lasting until after 2:30 p.m. and the jury being seated around 3:15 p.m. Testimony from prosecution witnesses is supposed to begin at 9 a.m. today.

The trial is scheduled to last until Wednesday.

Thursday, December 8, 2016

22 witnesses poised to testify in ex-judge's misconduct trial

David Tidd
The Pennsylvania Judicial Conduct Board plans to call Northampton County's president judge and one of its former president judges to testify in an upcoming misconduct trial.

A memo filed Dec. 5 lists President Judge Stephen Baratta and former President Judge F.P. Kimberly McFadden among the 22 witnesses to be called to testify against former District Judge David Tidd.

The Hellertown area district judge stands accused of running a "fast food court" where he brokered settlements at his counter without all parties present. He's accused of using profanity, bullying employees, throwing tantrums and using his judicial robes as a pillow while sleeping in his office.

Tidd attorney Samuel C. Stretton maintains Tidd was set up by his spy employees and was subject to illegal wiretaps in his office.

Deputy Court Administrator Debra French said Tidd specifically asked for audio recording devices when security upgrades were approved for his office. French is among the witnesses on the trial list.

Among the more than 100 exhibits on the judicial conduct board's list are at least four anonymous complaints filed against Tidd. The complaints themselves have not been made public.

Baratta said Monday he's not sure why he would be called as a witness. The document posted Dec. 5 says Baratta will be called to verify allegations of improper demeanor by Tidd and about retaliation Tidd threatened against his employees.

"This is the first I've heard that there's going to be a trial," Baratta said Monday. "If they subpoena me to be a witness, I'll be a witness. No one has contacted me since Judge Tidd's retirement."

French and McFadden didn't immediately respond to messages.

Tidd resigned July 25, less than a year into his second six-year term. The complaint was filed against him Aug. 26.

The witness list includes employees from Tidd's former office, district court in Lehigh Township, the Northampton County 911 center and for police from Lower Saucon Township, Hellertown and the Slate Belt Regional Police Department.

The complete list is on the website of the Pennsylvania Court of Judicial Discipline.

A trial date has yet to be set. 

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22 witnesses poised to testify in ex-judge's misconduct trial