Palo Alto Police Alleged to Have Kidnapped Autistic Daughter 12 Years Ago

The city of Palo Alto will go to trial next month over a lawsuit filed by a couple who says a police detective abused her power and wrongfully took their autistic daughter away from them 12 years ago. But the Palo Alto city attorney’s office contends that the police officer was just doing her job.

The daughter, now 42, now lives in the San Andreas regional center in Campbell, a state run home for the developmentally disabled. The police officer accused, Detective Lori Kratzer, no longer works for Palo Alto police, but the city is still on the hook in the lawsuit.

The trial is scheduled to begin Oct. 3 in San Mateo County Superior Court, according to the couple’s Lawyer, David Beauvais.  The city council is scheduled to discuss the lawsuit, which stems from a November 2001 incident, in closed session on Monday.

In November 2001, Jeffrey and Elsie Golan lived in a trailer at 809 San Antonio Road in Palo Alto with their epileptic, developmentally disabled, autistic daughter Nancy, who was 31. They were starting businesses at the rented office space.

 

‘Happy, simple, gregarious’

Nancy spoke a few words, but could dress, feed herself and go to the bathroom on her own. “She was generally a very happy, simple, gregarious, lovable, charming, outgoing person… capable of feeling and experiencing all normal emotions.” according to the lawsuit.

Nancy was well cared for, according to the suit.  Her parents watched her around the clock, took her on long walks and try to get her out to interact with other people whenever possible.
“Nancy always came first,” the Golins’ lawsuit stated.

On Nov. 15, 2001, Nancy Golin woke up from taking a nap in the family’s van and wandered away while her mother was in the bathroom.  It wasn’t the first time she had walked away without warning, in fact it happened dozens of times before, by all accounts. The Golins called police, who searched all night with dogs but didn’t find her.

 

Police declare home a crime scene

In the morning, police, taking direction from Kratzer, swarmed the couples abode. There were as many as 20 police officers and 10 patrol cars there, according to the Golins lawsuit. Police photographed the van, looked for the Golins daughter in a nearby dumpster and took photos of the van, which they referred to as a “crime scene,” according to the Golins lawsuit.

Police also investigated the couple, but didn’t read them their Miranda rights or formally arrest them, the Golins’ Lawsuit said.

Kratzer told the couple that police needed to take Nancy to Stanford hospital for a checkup, according to the lawsuit. The couple claims that the detective never indicated that she was taking Nancy away because she suspected they weren’t caring for her.

After being brought to Stanford for a mental evaluation, she was put in the psychiatric ward. A year later, she would be placed in a residential care facility. She would never live with their parents again.

Full Article and Source:
Palo Alto Police Alleged to Have Kidnapped Autistic Daughter 12 Years Ago

See Also:
FreeNancy.com

NASGA:  Nancy Golin, California Victim

Exploitation of Elderly Woman by a "Friend" is Another Chapter in an Increasingly Common Story

No one who knew Erma Louise Giaccetti would have ever taken her as someone capable of being conned.

At age 84 in 2008, the Independence woman was a presence. She stood 5 feet 10, a railroad engineer’s widow with a sweep of coiffed white hair, a thin cigarette poised in her fingers and a gossipy tongue that, to the dismay even of her family, could turn as cold as it was more often kind.

Joyce Ciaccetti

“She was very domineering,” said daughter-in-law Joyce Giaccetti. “She would talk constantly about people. I think that’s why she didn’t have many friends.”

But in the summer of 2008, she got one: Linda Gayle Scaife, a neighbor from decades ago who had returned to the Kansas City area, knocked on Louise Giaccetti’s door and suddenly became what the widow called her “new best friend.” Giaccetti couldn’t have been more wrong. Over the next three years, until her death, her family ties were destroyed. She lost her home and most of her life savings.

As revealed by family and court documents, the deceit and theft perpetrated by Linda Scaife could easily serve as a cautionary tale for all those concerned about financial exploitation of the rapidly growing number of elderly Americans.

The scams have a vast range: greedy children and paid caregivers writing checks on their elders’ savings, identity and Medicaid fraud, unscrupulous financial advisers, and “sweetheart” scams that use romance to prey on people’s affections and bank accounts.

“The first thing I can tell you is that anyone who tells you they know how much of this is going on is blowing smoke. We don’t know,” said Doug Shadel, an expert on financial fraud with AARP in Washington state. “The reason we don’t know is that people are embarrassed to admit they’ve been taken. There is a lot of suffering in silence.”

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Exploitation of Elderly Woman by a "Friend" is Another Chapter in an Increasingly Common Story

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Alabama Judge's Former Assistant Indicted on Theft Charges

A former judicial assistant for Calhoun County district judges is charged with stealing from the courthouse, the state attorney general’s office announced.

A Calhoun County grand jury in August indicted Melody Warren, 52, of Oxford on two counts of first-degree theft of property and one count of using her position as a public employee for personal gain, according to a press release from the attorney general’s office.

The release states that Warren “exerted unauthorized control over money or checks” worth more than $2,500.

Warren last worked for former Calhoun County District Judge Mannon Bankson, but resigned after suspicions of the thefts surfaced, said Calhoun County Circuit Judge Brian Howell.

It was not clear Wednesday when Warren  is to appear in court, but if convicted she could be sentenced to as much as 20 years in prison and fines of up to $30,000 for each count, according to the release.

Full Article and Source:
Judge's Former Assistant Indicted on Theft Charges

Former Texas Justice of The Peace Named in Federal Complaint

Former McLennan County Justice of the Peace Jean Laster Boone, who resigned her office after she was caught up in a mileage scam to defraud the county, has now been named in a federal complaint that charges theft from the Social Security Administration.

Federal court records show she was named guardian for a friend who died but Boone kept receiving Social Security benefit checks in his name and cashing them.

One of her defense attorneys says she’s already repaid $16,517 to the federal government, which is the amount federal prosecutors say she took.

When her friend, Robert Martin Davis, died in 2010, Boone was named cosignatory for his accounts, which included the Social Security checks, Jim Dunnam, one of her attorneys said.

Social Security investigators learned when they tried to contact Davis last year that he had died.

When they checked his bank account, they found that $63,000 had been deposited since his death but more than $16,000 was missing.

Boone admitted she used the money to make repairs on her house.

Full Article and Source:
Former Justice of the Peace Named in Federal Complaint

Linda Kincaid Reports: Elder Abuse by Conservator Scott Phipps: Boomers Against Elder Abuse Speaks Out

Elinor Frerichs (91) has been  confined and isolated for two years. Acting on unlawful instructions from conservator Scott Phipps, assisted living facility Lakeside Park denied visitors and phone calls. Phipps told Elinor’s family and friends that Elinor did not wish to see them.

This Examiner met with Elinor on September 3 and September 5, 2014. Elinor reported that she very much wished to see her family and friends. Elinor was vehement in her statements that she did not wish Phipps to continue as her conservator.

"He is a bastard. I’ll tell the judge he is a bastard.
I want him gone anyway I can arrange it."

California’s Notice of Conservatee’s Rights states Elinor’s right to ask the judge to replace Phipps as her conservator. The Notice also states Elinor’s right to ask the judge to end the conservatorship. Elinor stated her wish to attend the September 12, 2014 hearing on her case. Elinor said she wished to address the court and ask to have Phipps removed.

On September 8, 2014, Boomers against Elder Abuse sent Phipps the following email, urging him to respect Elinor’s rights and allow her to attend her court hearing on September 12, 2014.

Dear Mr. Phipps 

It has come to the attention of the 69,000 followers of Boomers Against Elder Abuse that you are petitioning the court for further isolation of 91 year old Elinor Frerich, preventing her from receiving unrestricted visits from her loved ones. We have read documents concerning this case, and urge you to remove yourself as conservator if Elinor wishes it--this can only be determined by her presence at her own hearing. We also ask you to cease restricting her rights in a way that appears retaliatory. Your actions in restricting visits by her husband, and your animosity toward him on record, could even be perceived by some to be racially motivated. I urge you to repair your public image by demonstrating compassion and concern for Elinor's wishes and rights. We are watching this case with great interest, hoping that you will do the right thing by properly respecting the rights and wishes of an elder under your supervision, and her husband. 

Boomers Against Elder Abuse

Phipps disregarded Boomers’ request, just as he ignored Elinor’s rights and wishes.

Full Article and Source:
Elder Abuse by Conservator Scott Phipps:  Boomers Against Elder Abuse Speaks Out

See Also:
Boomers Beware of Elder Abuse

Linda Kincaid Reports: Elder Abuse at Lakeside Park in Oakland: Resident Denied Visits and Phone Calls

Lakeside Park assisted living facility advertises:

“Lakeside Park in Oakland is a nationally recognized community providing the highest level of assisted living for families and elders living with dementia.”

Resident Elinor Frerichs might not agree. Elinor’s family and friends report that Lakeside Park prevented Elinor having visitors and phone calls for the past year. Elder advocates recently confirmed that Elinor is confined and isolated. That isolation is in violation of California’s licensing regulations. It also constitutes criminal elder abuse as specified in Penal Code 368.

On September 16, 2014, Coalition for Elder & Dependent Adult Rights filed the following complaint with Community Care Licensing.

"Pam Gill, Regional Manager
Eastbay Delta Adult and Senior Care Regional Office
Community Care Licensing Division
Department of Social Services
1515 Clay Street, Suite 310, MS 29-21
Oakland, CA 94612

Telephone: (510) 286-4201;
FAX: (510) 286-4204
“pam.gill@dss.ca.gov"

Dear Ms. Gill,

Please accept this letter as a second complaint of elder abuse and violations of licensing regulations at Lakeside Park at 468 Perkins Street in Oakland, CA (RCFE License #015601384).

Chronology
On September 5, 2014, Dr. Robert Fettgather (408-371-6239) and I went to Lakeside Park and asked to visit resident Elinor Frerichs. Executive Director Cheryl Martin stated that Elinor was taking a nap and did not wish to see us. I asked if we could wait in the lobby for Elinor to wake from her nap. Ms. Martin ordered us to leave the facility. I stated that I would call Oakland Police Department for a welfare check, which I proceeded to do.

About twenty minutes later, Ms. Martin enthusiastically invited us back into the facility. She stated that that Elinor was awake from her nap and wished to visit with us. Ms. Martin required that we conduct our visit in her office where she could observe the visit and listen to the conversation.

On September 7, 2014, I went to Lakeside Park to visit with resident Elinor Frerichs. Richard Calhoun (408-926-0365) and two elder advocates from the Congress of California Seniors accompanied me. The front door to the facility was locked. We rang for entry, but staff ignored us for about five minutes. Another person arrived and also rang for entry. Lakeside Park Administrative Assistant Roxie Stevenson came to the door allowed the other person to enter. Then Ms. Stevenson rudely told us that Elinor was way from the facility. We asked if we could wait in the lobby for Elinor to return. Ms. Stevenson refused to allow us into the building...."

Full Article and Source:
Elder Abuse at Lakeside Park in Oakland: Resident Denied Visits and Phone Calls

Linda Kincaid Reports: Elder Abuse by Oakland Conservator Scott Phipps: Gwen Boozé Speaks Out

Oakland residents are concerned about Elinor Frerichs (91), fallen prey to an abusive conservator. Scott Phipps of Phisco Fiduciary instructs assisted living facility Lakeside Park to keep Elinor unlawfully isolated behind locked doors. No visitors. No phone calls. Elinor has no way to communicate with family, friends, or elder rights advocates.

On September 12, 2014, Phipps petitioned the court to permanently take away Elinor’s right to visitation. The Notice of Conservatee's Rights states Elinor’s right to attend hearings on her case. The Notice also states Elinor’s right to ask the judge to replace Phipps as conservator. Advocates across the country urged Phipps to allow Elinor to exercise her rights.

Phipps did not allow Elinor to attend her hearing. Phipps kept Elinor isolated on September 12, preventing Elinor telling the judge about the abuse she suffers at Phipps’ hands.

• Elinor had no way to tell the judge that Phipps sold her family ranch without her knowledge or consent.
• Elinor had no way to tell the judge that she loves her husband, and she opposed Phipps having their marriage annulled.
• Elinor had no way to tell the judge how much she misses her little dog, Barker, also taken away from her.

Many Oakland residents fear they could be next to fall victim to similar abuse. Long-term Oakland resident and elder advocate Gwen Boozé eloquently expressed the concerns and fears of the Oakland community.

"I am just so sad and so scared that this could happen to me or even you, Supervisor. The short version is that there is a spunky lovable 91 year old woman that happened to outlive her friends and family and did it with millions of dollars to boot. Our justice system has taken away her human rights by greedy slick attorneys that legally get to spend her money while they lock her away and deny her telephone calls and friendly visitors. They even disposed of her little dog companion, Barker.  

The thing is, I just do not understand how they can continually get away with taking away her human rights. Since she has so much money, why can't she be afforded the dignity of living out the rest of her days in her own home with 24/7 registered and certified nursing care. They did not have to kill her dog. And she could at least get a new one. But no, instead of being humane, this Friday, September 12th they are asking the courts to further restrict her ability to receive visitors or telephone calls.  

I challenge you, Madam Supervisor. I challenge you to just go visit Elinor Frerichs at the Lakeside Park Memory Care Facility at 468 Perkins, Oakland, CA 94610. If they don't call the police on you, and allow you to visit with her, you will see that she is an adorable little old lady that deserves the respect we once gave our elders. At the very least, let her attend her own hearing on September 12, 2014. 

If after visiting with Elinor you find it in your heart to do something to stop this case of Elder Abuse and give her the dignity and human rights she deserves, I can't promise you anything but a warm heart and maybe you will never find yourself in such an awful position. 

My name is Gwendolyn M. Boozé and you can reach me by responding to this email. I appreciate your consideration and expediency regarding Elinor Frerichs' human rights."

Full Article and Source:
Elder Abuse by Oakland Conservator Scott Phipps:  Gwen Boozé Speaks Out

See Also:
YouTube:  Elder Abuse by Conservator Scott Phipps in Oakland, CA

Holocaust Survivor's Guardianship Saga NEVER STOPS

In August, 89-year-old State Ward and Holocaust Survivor of the Warsaw Ghetto Marie Winkelman got another bill. This time, Marie owes her attorney, Audrey Bear of Sarasota more than $17,000.00 for services she provided to Marie from before she became Marie’s attorney until January 2014Amongst the multitudes of charges claimed by Bear are over $1,600.00 for the hours Bear, Marie, and Beverly Newman, elder advocate, spent together on the afternoon of New Year’s Eve, reviewing Marie’s case of gross guardianship abuse.

For four hours on December 31, 2013, Bear, Marie, and Newman discussed Marie’s appeal of the court order that ended her freedom as an independent woman and seized all of her bank accounts, investments, and a trust worth millions, pursuant to a mediated settlement agreement signed by Bear’s friends and fellow attorneys, Rebecca Proctor and Christopher Likens, in addition to attorneys Kimberly Bald and Barry Spivey. On November 25, 2013, these attorneys had signed the mediated settlement agreement without Marie being present or even seeing the agreement, without any record being made of the secret mediation meeting held at attorney Gary Larsen’s office, and without Marie’s consent to its terms or her signature upon the document.

The secret meeting produced an agreement that was subsequently adopted by Probate Judge Deno Economou on December 3, 2013, without holding the mandatory incapacity evidentiary hearing, thus denying Marie her Constitutionally-guaranteed rights to due process.

Although Bear charged Marie over $1,600.00 for the time she spent telling Marie about her rights to appeal the court order that stole her freedoms, Bear never filed the notice of appeal that she promised would be filed with the court that same day, when Marie gave Bear $400.00 in checks to pay for the appeal.

Now, hundreds of thousands of dollars later, dozens of attorneys, guardians, psychiatrists, physicians, and other service providers have reaped windfall benefits from Marie’s guardianship.

To support Marie Winkelman at her guardianship trial, please pray and come to:
Courtroom 8B
Lynn N. Silvertooth Judicial Center
2002 Ringling Blvd.
Sarasota, FL  34237

Judge Deno Economon
Monday, September 22, 2014 at 10 AM 

Source:  Email notification from Beverly Newman

FBI: Former Georgia Attorney Michael Rene Berlon Indicted for Stealing From Client Funds

Former attorney Michael Rene Berlon has been arraigned on federal charges of mail and wire fraud.

“This defendant is charged with defrauding his own clients out of over $1.8 million,” said United States Attorney Sally Quillian Yates. “They came to him for legal help, and instead he drained their bank accounts.”

J. Britt Johnson, Special Agent in Charge, FBI Atlanta Field Office, stated: “Individuals relying on the professionalism and trust of individuals like Mr. Berlon should be able to turn to someone when that trust is violated. The FBI, in being well positioned to investigate such allegations involving the diversion of funds through mail and wire fraud, is that someone.”

According to United States Attorney Yates, the charges, and other information presented in court: Berlon, who practiced in Grayson, Ga., through his law firm, the Law Office of Michael R. Berlon, is charged with obtaining funds from clients of his law firm and other individuals through false pretenses. The indictment alleges that some clients provided money to him believing that he would create a trust for them, and would hold the funds in trust. Instead, Berlon used the funds for personal expenses, including to pay his American Express bill and to repay other clients.

The indictment also alleges that in one instance, Berlon obtained money from two individuals who were looking for his assistance with starting a new business. He told the victims that he would help them get a loan, but they were required to provide a percentage of the requested loan amount as a down payment. Instead of assisting them with obtaining a loan, Berlon used the funds for his personal expenses and debts. In total, it is alleged that Berlon received at least $1.8 million in client funds from 2008-2013.

Berlon, 55, of Grayson, Ga., was arraigned before Linda T. Walker, United States Magistrate Judge. He was indicted by a federal grand jury on September 9, 2014.

Full Article and Source:
Former Gwinnett County Lawyer Indicted For Stealing Client Funds