A proposal to change the makeup of the entity that investigates complaints against Tennessee judges has passed the Senate.
Republican Sen. Mike Faulk of Kingsport is the primary sponsor of the legislation that was approved 30-0 on Thursday.
The measure would terminate the Court of the Judiciary and replace it with a 16-member board of judicial conduct, which would pretty much have the same function as the court.
Under the proposal, the board must report four times a year to the chief clerk of each legislative chamber, information that includes "complaints opened, closed or pending" and "the number of complaints for which probable cause has been found."
The companion bill is being scheduled for a vote on the House floor.
Full Article and Source:
Senate Bill Would Change Make Up of Judiciary Court
Saturday, March 31, 2012
Houston Hospital Pulls Life-Preserving Treatment Against Family's Wishes
A hospital is now actively killing a patient whose family called me at the 11th hour yesterday, pleading to save their father’s life.Despite the family’s desperation to protect their father’s life, and everything Texas Right to Life did for them, the hospital’s death panel declared his life futile and moved with steps to kill him.
I could not protect him, and I want to tell you what happened.
His family calls him Willie.
A few weeks ago, he was making plans to travel with his family for a vacation in Europe, but he had chest pains and went to the hospital to check what’s wrong. To his surprise, they discovered pneumonia and, shockingly, leukemia.
His doctors suggested surgery and chemo. Willie didn’t want to die. Before sedation, his daughter told me that he looked lovingly into her eyes and said, “Fight for me, baby; I ain’t done living.”
His family — armed with a medical power of attorney — obeyed his wishes and told the doctors to continue his medical care and treatment.
But his doctors disagreed. They had other plans.
Full Article and Source:
Houston Hospital Pulls Life-Preserving Treatment Against Family's Wishes
Note: This article was written on March 20, and the author says Willie died that same afternoon.
Daughter Allegedly Takes More Than $143,000 From Mother With Dementia
A Sandy woman has been accused of stealing more than a hundred thousand dollars from her mom, who suffers from dementia.
Dorothy Jean Henderson, 65, was charged in 3rd District Court Thursday with exploitation of a vulnerable adult, a second-degree felony.
On Dec. 29, 2010, Henderson was appointed by the courts as a guardian and conservator over her 84-year-old mother’s needs. The appointment gave Henderson the power under law to act on behalf of her mother to make medical, residential, financial, end of life and other decisions, according to court documents.
As soon as the paperwork was done, Henderson began taking out large sums of money from her mother’s bank accounts. None of the money was spent in any way to benefit the mother, court records state.
A Salt Lake City police detective reviewed the mother’s financial records and discovered that over nearly a year, Henderson had withdrawn about $143,000 from the accounts for herself or her children. Some of the accounts included money contributed by the mother’s spouse throughout the couple’s 62 years of marriage.
When police interviewed Henderson, she said she "borrowed" about $43,600 from her mother since losing her job in April 2011. Even though Henderson was told by her attorney that these funds were not for her use, but for her mother’s well-being, she didn’t see the problem, "because she always borrowed money from her mother," according to the charges.
Full Article and Source:
Daughter Allegedly Takes More Than $143,000 From Mother With Dementia
Dorothy Jean Henderson, 65, was charged in 3rd District Court Thursday with exploitation of a vulnerable adult, a second-degree felony.
On Dec. 29, 2010, Henderson was appointed by the courts as a guardian and conservator over her 84-year-old mother’s needs. The appointment gave Henderson the power under law to act on behalf of her mother to make medical, residential, financial, end of life and other decisions, according to court documents.
As soon as the paperwork was done, Henderson began taking out large sums of money from her mother’s bank accounts. None of the money was spent in any way to benefit the mother, court records state.
A Salt Lake City police detective reviewed the mother’s financial records and discovered that over nearly a year, Henderson had withdrawn about $143,000 from the accounts for herself or her children. Some of the accounts included money contributed by the mother’s spouse throughout the couple’s 62 years of marriage.
When police interviewed Henderson, she said she "borrowed" about $43,600 from her mother since losing her job in April 2011. Even though Henderson was told by her attorney that these funds were not for her use, but for her mother’s well-being, she didn’t see the problem, "because she always borrowed money from her mother," according to the charges.
Full Article and Source:
Daughter Allegedly Takes More Than $143,000 From Mother With Dementia
Friday, March 30, 2012
DEMAND FOR DISCLOSURE OF THE WORDS THAT KENNETH DITKOWSKY UTTERED THAT WERE KNOWINGLY UNTRUE
One of the tactics that the Court appointed guardians has been able to get away with to discourage you and me from exercising our FIRST AMENDMENT RIGHTS is to be vague but very direct with accusations. For instance, the ARDC complaint against me charges me with lying to Dr. Patel and to Judicial Officials. If I knowingly told an untruth the accuser should be able to state specifically what words and phrases that I uttered that were untrue, and how she knows that I knew that they were untrue. For instance: Ms. L. Black accuses me of lying to Dr. Patel. OK – what words did I utter to Dr. Patel that were untrue. The letter that she refers to does not say anything that was untrue. If you look at the ARDC complaint filed against me (on the Illinois Attorney Registration and Discipline Commission website the complaint is long on accusations and conclusions but it is almost a void on specifically stating any words and phrases that were knowingly untrue. A lie is a specific statement - it is not a procrustean interpretation of some words and phrases that are randonly chosen. I submit to each person who reads this e-mail that every word that I communicated in connection with the Sykes case was accurate and is backed up by either a Court transcript, a communication from an aggrieved person, an affidavit, or something very tangible. I am very resentful at being called a liar on the website of the Illinois Attorney Registration and Discipline Commission. I urge everyone who reads this e-mail to write the ARDC and demand specifics. We all have First Amendment Rights.As the agency that regulates attorneys should set a high standard for transparency you each as citizens have a right to know if I am a liar. In particular, as the ARDC posted the complaint for the public to observe it should in the interests of fairness disclose sufficient facts to let the public know exactly what words and phrases I used to convey a false statement to whomever I allegedly made that statement. In particular, as an example in Count 1 I am accused of lying to Dr. Patel. You as a member of the public who has been told I liedm therefore are entitled to know what words I conveyed to Dr. Patel that were untrue. If I did not specifically use any words you should know that also. It, therefore, follows that I did not use the words; someone else has been frugal with the truth. You as a member of the public who has read the posting of the ARDC have the right to know all about that event as well.
Going one step further, I am supposed to have lied to Judicial Officials. You also should know who those judicial officials were and when, where and exactly what knowingly untrue words and phrases I uttered or conveyed to those officials. I, therefore, urge each and every person who is interested in fighting the cause of Elder Abuse and Financial Exploitation to inquire of the Illinois Attorney Registration and Discipline Commission and determine for yourself if I lied to anyone, and if so exactly what statements that I made that were knowingly untrue. I waive any right of privacy as to this matter as you as people who have trusted me have a right to know if I am indeed a liar!
Ken Ditkowsky
www.ditkowskylawoffice.com
See Also:
Mary Sykes, Illinois Victim
IN: Attorney Stacy Sheedy Pleads Guilty in $596K Fraud
An Indianapolis attorney and accountant pleaded guilty to theft as part of an agreement with prosecutors.
An investigation discovered late last year that $596,000 was missing from accounts managed for clients by attorney Stacy H. Sheedy. She was charged in January.
Sheedy admitted to two counts of theft, according to a release from Marion County Prosecutor Terry Curry, and will receive a sentence of up to eight years. Sentencing is scheduled for April 26 in Marion Superior Court.
The guardianship account supported an elderly widow with Alzheimer's disease residing in a nursing home. Grand jury investigators uncovered unauthorized withdrawals and unaccounted-for funds from the guardianship accounts totaling more than $172,000, the release stated. Sheedy made at least 32 unauthorized withdrawals over six months, investigators found.
That discovery led grand jury investigators to also examine Sheedy's role as trustee of a family trust. A brokerage account within the trust was valued at $501,000 when Sheedy became trustee, the release stated, and was valued at $168 in January. Prosecutors alleged that Sheedy made unauthorized withdrawals from the trust account of $412,500.
Full Article and Source:
Indianapolis Attorney Stacy Sheedy Pleads Guilty in $596,000 Fraud
An investigation discovered late last year that $596,000 was missing from accounts managed for clients by attorney Stacy H. Sheedy. She was charged in January.
Sheedy admitted to two counts of theft, according to a release from Marion County Prosecutor Terry Curry, and will receive a sentence of up to eight years. Sentencing is scheduled for April 26 in Marion Superior Court.
The guardianship account supported an elderly widow with Alzheimer's disease residing in a nursing home. Grand jury investigators uncovered unauthorized withdrawals and unaccounted-for funds from the guardianship accounts totaling more than $172,000, the release stated. Sheedy made at least 32 unauthorized withdrawals over six months, investigators found.
That discovery led grand jury investigators to also examine Sheedy's role as trustee of a family trust. A brokerage account within the trust was valued at $501,000 when Sheedy became trustee, the release stated, and was valued at $168 in January. Prosecutors alleged that Sheedy made unauthorized withdrawals from the trust account of $412,500.
Full Article and Source:
Indianapolis Attorney Stacy Sheedy Pleads Guilty in $596,000 Fraud
Former NH Police Captain Sentenced to 12 Months
Hillsborough County Superior Court Judge Gillian Abramson sentenced retired Manchester police Capt. Michael Tessier to 12 months in the Hillsborough County jail after he pleaded guilty to two theft charges Wednesday.Abramson said earlier she would order a hearing to determine whether Tessier should pay restitution in the theft cases.
Tessier will surrender to custody Monday at 2 p.m. to begin serving his sentence.
Tessier pleaded guilty to two counts of theft from trust funds of Thaddeus Jakobiec, a blind, disabled cousin whose trust Tessier was overseeing.
“I'm not persuaded at this point I understand it well enough to say no restitution is needed,” Abramson said.
Tessier's lawyer said his client has repaid $230,000 in restitution already.
Full Article and Source:
Tessier Pleads Guilty, Sentenced to 12 Months
Thursday, March 29, 2012
TX: "Probate Judge is Shunting Aside TX Law"
Jack Hood is 88 years old, but I wouldn't place any bets against him in an arm wrestling match.
The World War II veteran says he still submits to workouts that include 200 curls of 25-pound dumbbells.
“Don't (mess) with me,” Hood warned Tuesday.
I can't print the expletive he actually said. But I also can't print an image of the grin that followed, proving the old man remains not only tough, but also funny and sharp.
It matters, though, because Hood's stepdaughter and her attorneys are arguing in court that he is not qualified to manage the assets he shares with his wife of 35 years, Billie Ray Hood, who suffers from Alzheimer's disease.
Debra Catalani, who is Billie Ray's daughter, is instead arguing that she should control the couple's assets, a claim that shunts aside state law.
The law — Section 883 of the Texas Probate Code — states that when one spouse is incapacitated, the other spouse “acquires full power to manage, control, and dispose of the entire community estate as community administrator.”
Nonetheless, the same probate judge who has considered the dispute for more than two years, Judge Tom Rickhoff, signed an order channeling much of Jack and Billie Ray's assets to Catalani.
Last month, the Fourth Court of Appeals reversed Rickhoff's partition order and remanded it back to his court for more hearings.
“Incredibly, Section 883 was not raised in the trial court by the parties or by the trial judge,” the chief justice wrote.
It's been a frustrating two years for Jack Hood.
I can understand why.
Full Article and Source:
Probate Judge is Shunting Aside Texas Law
The World War II veteran says he still submits to workouts that include 200 curls of 25-pound dumbbells.
“Don't (mess) with me,” Hood warned Tuesday.
I can't print the expletive he actually said. But I also can't print an image of the grin that followed, proving the old man remains not only tough, but also funny and sharp.
It matters, though, because Hood's stepdaughter and her attorneys are arguing in court that he is not qualified to manage the assets he shares with his wife of 35 years, Billie Ray Hood, who suffers from Alzheimer's disease.
Debra Catalani, who is Billie Ray's daughter, is instead arguing that she should control the couple's assets, a claim that shunts aside state law.
The law — Section 883 of the Texas Probate Code — states that when one spouse is incapacitated, the other spouse “acquires full power to manage, control, and dispose of the entire community estate as community administrator.”
Nonetheless, the same probate judge who has considered the dispute for more than two years, Judge Tom Rickhoff, signed an order channeling much of Jack and Billie Ray's assets to Catalani.
Last month, the Fourth Court of Appeals reversed Rickhoff's partition order and remanded it back to his court for more hearings.
“Incredibly, Section 883 was not raised in the trial court by the parties or by the trial judge,” the chief justice wrote.
It's been a frustrating two years for Jack Hood.
I can understand why.
Full Article and Source:
Probate Judge is Shunting Aside Texas Law
Settlement Reached in Brooke Astor Estate Battle
Brooke Astor’s only son saw his inheritance slashed in half and had his control of the estate’s powerful charitable contributions stripped away as part of a settlement that ended a bitter, five-year dispute over the family’s millions.The settlement, ratified on Wednesday in Westchester County Surrogate’s Court, also lays out how Mrs. Astor’s roughly $100 million fortune will be distributed: $30 million will go toward the creation of a Brooke Astor Fund for New York City Education, and millions more will go to Prospect Park, Central Park, city playgrounds and various cultural institutions.
The settlement, which exposed bitter splits in one of New York society’s historically glamorous families, was most noteworthy for what it took away from Mrs. Astor’s son, Anthony D. Marshall.
Mr. Marshall, 87, who was convicted three years ago of stealing from her in the later years of her life, had his inheritance cut to $14.5 million from about $31 million. In addition, he and his wife, Charlene, will not be able to choose which charities receive bequests from Mrs. Astor’s estate or how those bequests are to be used.
The settlement, negotiated by the office of Attorney General Eric T. Schneiderman, is binding, regardless of what happens with Mr. Marshall’s criminal appeal.
Full Article and Source:
Settlement Reached in Battle Over Brooke Astor's Estate
Ohio Woman Sentenced in Embezzlement Case
While Christina Lynn was supposed to be helping two veterans entrusted to her, federal prosecutors said she was busy stealing more than $305,000 from them.For that, and her guilty plea to a related charge in October, a judge sentenced her to serve 27 months in prison and repay the money.
Lynn, 41, of Williamsport, committed the crime while working as a legal assistant for the law firm of Huffer and Huffer in Circleville. While working in that capacity, she was appointed a legal guardian for the two veterans by the Veterans Administration and Social Security.
According to the U.S. Attorney's Office, Lynn received benefit payments for medical payments and to pay bills.
However, prosecutors said between April 2004 and April 2010, Lynn took $247,000 of the benefits for her personal use and took an additional $58,000 from the trust funds of several of the firm's clients.
She pleaded guilty in October to one count of embezzling public money and was ordered to pay $305,127 in restitution and will serve three years of supervised release after her prison term is done.
Full Article and Source:
Woman Sentenced in Embezzlement Case
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