‘I was being a parent’: Birmingham woman alleges unfair treatment, threats from benched judge

by: Aubree Bailey

JEFFERSON COUNTY, Ala. (WIAT) — On the same day the Judicial Inquiry Commission filed a complaint against Jefferson County Judge Nakita Blocton, a Birmingham mother filed a complaint against her as well.

According to the complaint, Angelik Sims claimed that Blocton, a domestic relations judge from the Tenth Judicial Circuit, “conspired and acted under color of state law to deprive her and her two minor children of their Fourteenth Amendment right to due process of law.”

Sims said she encountered Blocton when her husband, Victor Sims II, filed proceedings for dissolution of marriage in the Circuit Court of Jefferson County. An Ex Parte hearing was held on December 9, 2019, in which Blocton barred the mother from any contact with her two young children after her husband verbally alleged she was of unsound mental health. 

Sims alleges that Blocton’s ruling was unfair because, according to the mother of two, there was no hard evidence against her to suggest she was not able to care for her children or that she has had mental health difficulties.

“Even judges can’t just make rulings; they have to have evidence and witnesses,” Sims said in a phone interview with CBS 42. “It doesn’t take being a lawyer to see that she didn’t have something to show that I was on drugs or anything. I’ve never had any of issues that would cause me not to be able to care for my children.” 

“She began to use her position and authority as a weapon. She left that order in place and did not revisit it for five months… truly you could drive a mother crazy allowing no contact with their children,” detailed Sims in the interview.

Sims claimed that Blocton’s personal relationship with Kathryn E. Thompkins, her children’s attorney, stood in the way of a fair ruling. According to the complaint, Blocton and Thompkins “engaged in unconstitutional practices contravening 42 U.S.C 1983” and “corruptly conspired to improperly interfere with Angelik’s fundamental rights and privileges to familiar relationships”.

Sims alleged in the same complaint that she was threatened by Blocton on social media, and the mother shared in the phone interview that she believed it was because she expressed dissatisfaction with the ruling.

“I expressed to her that this doesn’t make sense,” she said. “You can’t take a person’s child just because someone said they have issues. You have to have hard evidence. Me sharing that possibly made her feel like I was challenging her authority. Truly, I wasn’t challenging her authority; I was being a parent.”

According to the complaint, Sims filed a separate complaint to the Federal Bureau of Investigation against Blocton due to the alleged threats.

“First and foremost, I would like to receive justice because that time I spent away from my children I cannot get that time back. I lost so many memories,” Sims said in her interview with CBS 42. “My prayer is that the JIC holds her accountable. The things that she’s done not only to me but other families is scary; to know that someone with that type authority over so many lives and people is scary. I would like to encourage all of those with titles and previsions to operate with integrity to not make judgements or rulings based off personal relationships.”

Attempts to reach Emory Anthony, Blocton’s attorney, for comment were not successful.

To read the full complaint from Angelik Sims, clickhere.

 

To read the full complaint from the JIC click,here.

A previous version of this story stated that Kathyrn E. Thompkins was the attorney for Sims’ ex-husband. She was the attorney for Sims’ children, also known as guardian ad litem.

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‘I was being a parent’: Birmingham woman alleges unfair treatment, threats from benched judge

Jefferson County judge removed from bench for behavior

MONTGOMERY, Ala. (AP) — An Alabama judge who handles domestic relations cases has been removed from office after being accused of inappropriate behavior.

 

The Alabama Court of the Judiciary on Friday issued the order removing Nakita Blocton from her position as a circuit judge in Jefferson County.

The panel said Blocton made derogatory comments about staff and other judges and used fake social media accounts to communicate with people in a case.

The court ruled Blocton had demonstrated a pattern of inappropriate behavior and comments as well as a pattern of deception and dishonesty.

Blocton’s attorney, Emory Anthony, told a local news outlet Friday that Blocton could choose to appeal the ruling.

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Jefferson County judge removed from bench for behavior

Difficult discussions can help avoid messy family fights – Press Telegram

Benjamin Franklin said, “… I can’t say anything for sure in this world, except for death and taxes.”

I add, “And I hate talking about either.”

Parents are often wary of talking about money with adult children, and children often do not want to talk about their parents’ death, no matter how far or imminent their death is. This can lead to conflicts in the final stages of a parent’s life and irreparable damage to the relationships of the surviving children.

Communication on these important issues is important and is often overlooked in the name of privacy.

What the family should know

Of course, each family is different, but there are some issues that you should discuss with your family if you are ill or incapacitated, or with your heirs. Discussions with family meetings and all or at least most of the members present will help avoid future grudges.

Healthcare wishes

It is important that all adults have a pre-medical order detailing their wishes for health care (painkillers, end-of-life care, religious beliefs, etc.) and post-mortem problems (organ donation, autopsy, cremation, burial). is. , Funeral arrangements). It is just as important to discuss exactly what their wishes are with designated agents and relatives.

If you are incapacitated, the designated agent will make certain decisions based on the general conditions of the Directive. Therefore, it is important to understand what “quality of life” means to you for the agents and families you may be involved with. Do you mean you can communicate? read? Do you understand when someone is talking to you? Do you breathe yourself?

Make sure that everyone understands those wishes, not just those nominated by the Directive. As one doctor said, regardless of the content of the document, the decision may be the loudest in the room.

Who are your decision makers?

The power of attorney is a document that allows other parties to act on your behalf if you become incapacitated. People tend to think of the power of attorney as a document dealing with financial issues. It’s possible, but it’s more or less.

If all your assets are in a living trust, the trustee will treat them, not the power of your lawyer. The power of your lawyer deals with assets that are out of your trust (or all your assets if you do not have trust). This includes claiming claims, proceedings, choosing a medical facility, hiring a caretaker, and making all personal decisions on your behalf. It’s not a small job.

Make sure your family knows who and why they are designated to act on your behalf. Disagree with them and give them the opportunity to respond to these disputes.

Discord can quickly occur when the family is surprised at your choice, especially when it is stressful.

Wills and conditions of trust

Parents often don’t want to know how wealthy they are, no matter how old their children are. I’ve heard several parents half-heartedly joking that they want to kill their parents if they know how much money their children have.

But inevitably, the children will know it (and when they did, I haven’t seen the case of parricide yet). It’s always good to be able to talk with parents (or other heirs), avoid surprises, and set realistic expectations.

Children may be happy to say that they are not interested in inheritance, and moms and dads can leave everything to poorer children. It will often change when a child learns that his father and mother have far more wealth than expected, and then controversy is likely to arise.

If you still don’t want to speak numbers, consider discussing them with your child or other heirs in common language. Let them know that you have a will or trust, who you have chosen as a trustee, how your property will be divided, and if you have a particular gift.

If you are giving a particular gift, such as a home or family business, please inform your heirs of this and the terms.

I used to have a client who often said that Child A, who is in the family business, would take over the business. Child A mistakenly assumed that when his father died, Child A would take over the business and this would be a direct gift before the other assets were split into Child A and Child B.

Child A overlooked that the mother was still alive and dependent on income from the business, and that the business far exceeded half the value of the property. A business gift to Child A, whose other assets were evenly divided between the two children, would have dramatically reduced Child B’s share.

Dad meant that while mom was alive, the business would continue to be owned by the trust with income to support her. Only after the mother has taken over will Child A receive the business as part of Child A’s half share. This misunderstanding caused a serious conflict between Child A, Mother and Child B.

The devil is always in the details

Family meetings to discuss your property and your desire for care can alleviate family difficulties in the long run. Please be as clear and detailed as possible so that all parties can express their views. You don’t have to change your plan, but you’ll be amazed at the response and find a better way.

Real estate planning documents can only do that — the rest is up to you.

Teresa J. Rhyne is a lawyer practicing real estate planning and trust management at Riverside and Paso Robles. She is also the New York Times best-selling author of “The Dog Lived (and So Will I)” and “Poppy in the Wild.” Teresa@trlawgroup.net

Difficult discussions can help avoid messy family fights – Press Telegram Source link Difficult discussions can help avoid messy family fights – Press Telegram

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Difficult discussions can help avoid messy family fights – Press Telegram 

Police: Brothers forcibly removed deaf and blind sister from Seymour probate hearing

by Ethan Fry

The Seymour Police Department

Contributed

MILFORD — Two brothers are due in court next month on charges they forcibly removed their deaf and legally blind sister from a probate court hearing that was taking place at her Seymour home.

Gary Marsala, 56, of Seymour, and Randy Marsala, 46, of Beacon Falls, face charges of witness intimidation, second-degree unlawful restraint, and conspiracy in the case.

A lawyer representing the brothers did not return a message seeking comment Wednesday.

According to an arrest warrant, the brothers’ 52-year-old sister has a medical condition that led to several brain surgeries. One of the surgeries rendered her deaf early in life. Another in 1997 damaged her optic nerve and resulted in her being declared legally blind, though she can communicate via sign language.

A medical malpractice lawsuit filed on the woman’s behalf resulted in a structured settlement from which she receives monthly payments of $3,700, according to the warrant.

The woman’s father served as her conservator until just prior to his death in April, after which a lawyer who goes to church with one of the woman’s friends petitioned a court for an involuntary conservatorship to “get a handle” on the woman’s finances and “life in general.”

At a May 25 hearing inside the woman’s Greenwood Circle home, the lawyer told police that the Marsala brothers yelled at and insulted her as soon as she arrived, saying “You’re the troublemaker, why are you getting involved in this, you don’t know what’s going on.”

The warrant says that later, after the brothers were told to wait outside by Probate Judge Clifford Hoyle, they yelled at one of their sister’s friends, who was arriving late to the hearing, to “get the (expletive) out of here.”

The lawyer told police that after the hearing was stopped so the judge could address the disruption, the brothers came running into the house and removed their sister from the building.

While the lawyer described the brothers’ actions as “violent,” another witness told police the brothers “guided” her out of the house.

The sister was taken to Gary Marsala’s SUV in the driveway, according to the warrant, and driven away before eventually being returned to the home later.

In an interview with police conducted with the help of a sign language interpreter, the woman told police Randy Marsala had taken her from the property against her will.

“Yes, he forced me,” the warrant quotes her as saying — though she also said she didn’t want him or Gary to be arrested.

“Regarding her feelings about what happened to her that day, (the victim) said that she is very upset, it was bad, and she didn’t know what to do,” the warrant says.

The brothers were arrested Sept. 2 and released on $10,000 non-surety bonds.

They appeared in court Dec. 3, where Assistant State’s Attorney Alexander Beck said he had ordered a transcript of the probate court hearing so he could review it with the Marsalas’ lawyer.

The brothers are scheduled to return to court Jan. 28.

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Police: Brothers forcibly removed deaf and blind sister from Seymour probate hearing

Alex Murdaugh hit with 21 new charges connected to over $6M in alleged swindles

 by Jesse O’Neill

Former legal scion Alex Murdaugh has been charged for money laundering, computer crimes, breach of trust and forgery. AP Photo/Lewis M. Levine, Pool

Disgraced South Carolina legal scion Alex Murdaugh was hit with 21 new charges in connection to his massive alleged scam to defraud victims out of $6.2 million.

A state grand jury slapped the 53-year-old with seven new indictments Thursday that contained a slew of charges including money laundering, computer crimes, breach of trust and forgery connected to more than $1 million dollars of theft, according to court documents obtained by The Post.

Murdaugh — who is also facing charges for trying to stage his own shooting death to leave his son a $10 million life insurance payout — was already facing 28 counts in connection to an alleged $5 million theft.

The latest wave of charges allege that Murdaugh created a bank account under the name ” Richard A Murdaugh Sole Prop DBA Forge,” where he deposited money that he stole from clients.

“He created this account for the purpose of misappropriating funds belonging to others with the illusion that the money was being paid to the legitimate settlement planning company Forge Consulting, LLC,” the indictments read.  

Murdaugh resigned from the prestigious and influential Hampton County law firm that his grandfather founded over 100 years ago in September and checked into rehab for a decades-long opioid addiction.

Alex Murdaugh (right) is accused of staging his death in order to secure a $10 million life insurance payout for his son, Buster (left).

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The new indictments came on the same day that the family of Murdaugh’s late housekeeper Gloria Satterfield sued the gunman that the suspended lawyer allegedly hired to kill him.

Satterfield, 57, died after Murdaugh said she tripped over his dogs, but no autopsy was ever conducted and the South Carolina Law Enforcement Division opened a criminal investigation into her death this summer after investigators said it was suspicious.

Murdaugh had promised her grown children that he would pay them $500,000 after suing himself to collect on personal liability insurance, but instead he collected $4 million and did not give Satterfield’s family a dime, lawyers alleged.

A big chunk of that money went to Murdaugh’s distant cousin and alleged drug dealer Curtis Edward Smith, lawyers alleged Thursday.

“From approximately 2015 through 2021 Cousin Eddie received either personal checks from Alex Murdaugh’s individual account and cashier’s checks from the fake BOA two ‘Forge’ accounts totaling approximately $2,000,000.00,” lawyers Eric Bland and Ronnie Richter wrote in a statement to The Post.

Smith, 61, was charged in September after confessing to the botched Labor Day weekend shooting of Murdaugh, in which the lawyer allegedly hired Smith to kill him so he could leave his son Buster with $10 million in insurance cash. Smith’s bullet only grazed him in the head.

Lawyers claim Alec Murdaugh never compensated Gloria Satterfield’s family after her suspicious death.

Orange County Department of Corrections/Handout via REUTERS

The disgraced attorney’s legal troubles started after Murdaugh’s wife Maggie, 52 and son Paul, 22, were found murdered on their property in June. No suspects or motive have been publicly identified in the case.

Paul had been waiting to stand trial on charges that he drunkenly crashed the family’s boat into a bridge, killing 19-year-old Mallory Beach in 2019.

Alec Murdaugh listens to prosecutors during a bond hearing in the Richland Judicial Center in Columbia, South Carolina on Oct. 19, 2021.

AP Photo/Lewis M. Levine, Pool

“Greed, power, betrayal. All the bad things. It’s like a Grisham novel,” Bland told The Post in September. “He doesn’t have to write fiction, he can just come to South Carolina and write the truth.”

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Alex Murdaugh hit with 21 new charges connected to over $6M in alleged swindles 

 

See Also: 

Alex Murdaugh denied bond as he faces charges of taking $3M from housekeeper's death settlement 

 

Assisted Suicide?! Arrest Made in Alex Murdaugh Shooting

 

Prominent lawyer whose wife, son were killed, misappropriated millions from law firm, attorney says

Home health aide charged with murder of Staten Island man, 80, found with ‘I touch little girls’ scrawled on chest

By Brittany Kriegstein and John Annese

A live-in home health aide has been charged with the murder of a Staten Island man under her care — a bizarre homicide in which “I touch little girls” was scrawled across the bare chest of the fatally beaten octogenarian.

Police on Monday arrested Rene Ayarde, 28, charging her with the July 19 slaying of Robert Raynor, 80, who was found dead in the first-floor hallway of his Corson Ave. home in Tompkinsville.

Renee Ayarde

Raynor’s daughter, Carolyn Whetstone, insisted her father was no pedophile and angrily accused Ayarde of killing him in an interview with the Daily News in July.

“That mess she wrote on his chest is not true. She wrote that on him to justify what she did, which you cannot justify — taking anyone’s life,” Whetstone said.

“My dad is not that kind of person. He had cancer and arthritis, so he didn’t even have the physical ability to do that,” she added.

Robert Raynor is pictured, on right. (Obtained by Daily News)

Ayarde and her 3-year-old daughter lived with Raynor. Just six hours after his body was found she was arrested on charges she assaulted the little girl.

Prosecutors accused Ayarde of dropping her daughter onto the concrete and dragging her along Hester St. near Eldridge St. on the Lower East Side and throwing a full water bottle at the child’s face. A passerby called 911, and Ayarde grabbed the cellphone out of the woman’s hands, knocking her to the ground and leaving her scratched and bruised, prosecutors charge.

 

Ayarde’s little girl was taken to a hospital with bruising to her neck, when investigators found old injuries in various states of healing still visible on the girl’s knees, face, and cheek, according to the criminal complaint.

The status of the assault case was not immediately available Monday night.

NYPD cops investigate the July 19 slaying on Corson Ave. in Staten Island. (Gardiner Anderson/for New York Daily News)

Investigators believe Raynor’s body was dragged into the hallway from his rear first-floor apartment, sources said.

A neighbor who discovered the body confirmed the message written in black marker, adding the phrase “I take dolls in my room for girls ages 1-5″ was also written across his stomach. Sources with knowledge of the investigation said Raynor also had the words “I touch” written on one foot.

Ayarde, who lives in Jersey City, was extradited to New York Monday after her arrest in New Jersey. Charged with murder, manslaughter and assault, Ayarde was indicted in Staten Island Supreme Court and ordered held without bail.

 

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Home health aide charged with murder of Staten Island man, 80, found with ‘I touch little girls’ scrawled on chest

Camille Harrison's Christmas Album: "Christmas With You"

Camille Harrison and her Mother are NASGA members, and we are pleased to promote Camille's new Christmas Album this holiday season:  "Christmas With You"!  Camille's Mother worked with her on this album, as always! 

The new album includes songs of then and now including four originals and six classics (total of eight tracks), are now available on all digital platforms including Spotify, Apple (iTunes), Amazon, and many more. 

 

1. Christmas Dreams Come True by Camille Harrison and Brucene Harrison
2. Jesus, the Good Shepherd by Camille Harrison
3. Lo, How a Rose E’er Blooming / O Little Town of Bethlehem 
4. Christmas with You in My Heart by Camille Harrison
5. The Holly and the Ivy 
6. What Child is This?
7. Bring a Torch, Jeannette, Isabella 
8. Christmas Dreams Come True (reprise) by Camille Harrison and Brucene Harrison

Source:
Camille Harrison Music

De Pere-area care facility resident sexually assaulted another, lawsuit says, and staff failed to notify victim's family and police

by Doug Schneider and Chris Mueller

Note: This story has been updated to correct that the assisted living facility is in the town of Ledgeview.

LEDGEVIEW - A woman with cognitive disabilities was sexually assaulted by a fellow resident of an assisted living facility, but staff didn't notify the woman's family or police, or get her prompt medical care, a lawsuit alleges.

Instead, staff at Caraton Commons 2 on Arcadian Lane in Ledgeview were directed to clean up the woman and lock her inside her room, according to the lawsuit filed last week in Brown County. The woman's guardian, who is a plaintiff in the lawsuit, would not find out what happened until four days later.

Lester Pines, the woman's attorney, told the Green Bay Press-Gazette on Tuesday that the behavior of the facility's management was "inexplicable." 

The woman, a 57-year-old born with Down syndrome and diagnosed with Alzheimer's disease, was sexually assaulted April 10 by a male resident of the facility, which is owned by Assisted Living by Hillcrest, the complaint says.

Pines said a jury will have to hear the evidence and "provide compensation for the horrible thing that happened to our client." 

"When a person is suffering from an illness like Alzheimer's, where it impairs verbal ability, that person is suffering in silence," Pines said. "A person who can't verbalize has to deal with that internally forever. That's a big deal and it's horrible."

Ann Patteson, an attorney with Renning Lewis & Lacy, said in a statement sent to the Press-Gazette Tuesday evening that "Assisted Living By Hillcrest LLC (ALBH) takes any allegations regarding residents’ care very seriously." Patteson said Assisted Living By Hillcrest notified the state regarding the alleged incident and "fully cooperated with its review."

"While ALBH was only recently served with the civil complaint filed by attorney Lester Pines, it has tendered the defense to its insurance company, and is awaiting their handling of the case," said Patteson in the statement. "ALBH is committed to providing a safe and caring environment for its residents, and will respond to all allegations through the appropriate channels."

The male resident was known to staff at the facility "to have engaged in a disturbing and continuous pattern of inappropriate sexual behaviors toward other residents," including a prior unreported sexual assault of another resident, the complaint says. 

Still, Caraton Commons took no "meaningful steps to monitor or control (the male resident's) dangerous behavior," but warned the male resident's guardian that the facility would impose one-to-one supervision "if he were to sexually assault another resident," the complaint says.

The woman, who has since been moved to a different facility, is in "frail physical health" and is "unable to protect herself from an assault, sexual or otherwise, and is not verbally able to call for help," the complaint says. She relied on staff for all of her needs, including eating, clothing, bathing and going to the bathroom.

The woman's family is "doing their best to ensure that she is as comfortable as possible," Pines said.

The male resident had been moved to the woman's building from another Caraton Commons building on April 1, the complaint says. Three days later, he was found in another resident's room on five separate occasions, standing over the sleeping resident while exposing himself.

A day before he allegedly sexually assaulted the woman, staff took note that the male resident "continues to seek out vulnerable residents," but took no further steps to protect other residents, the complaint says. 

When a staff member entered the woman's room shortly before dinner on April 10, she found the male resident sexually assaulting the woman, who was crying, the complaint says. Before the male resident left the room, he told the staff member: "I know I'm a molester."

The woman "was crying from the moment I entered (her) room," a staff member says in a 20-page report prepared by the Wisconsin Department of Health Services, and was "still noticeably distressed" days later.

An administrator directed staff to clean the woman, lock her room and "keep an eye on (the male resident)," the complaint says. Nobody from the facility told the woman's guardian or any family member what had happened. Nobody reported the sexual assault to police.

"We don't know what their explanation is, but there doesn't seem to be any explanation," Pines said. "They allowed his conduct to continue."

When a social worker attempted to visit the woman April 14, four days after the assault, she found the door to the woman's room locked, the complaint says. That social worker contacted the guardian, "who was distraught and who confirmed that no one from Hillcrest had informed them of the assault."

The guardian then contacted police and drove to Caraton Commons. The guardian arranged to have the woman taken to a Green Bay hospital for an examination, which revealed multiple injuries, including bruises, scratches and abrasions to her hips, shin, buttocks and inner thigh, as well as scratches to her jaw, the complaint says. 

The woman "continues to suffer significant physical, mental and emotional injury as a result of the sexual assault," according to the complaint, which accuses the facility of being negligent by failing to provide a safe environment.  

The lawsuit names Hillcrest, the operator of the facility, and West Bend Mutual, an insurer, as defendants. No response to the lawsuit had been filed by either defendant as of Tuesday afternoon.

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De Pere-area care facility resident sexually assaulted another, lawsuit says, and staff failed to notify victim's family and police

CUs in key position to deter scams targeting seniors

Many credit unions provide a full range of financial services, to their members, including seniors and their families, CUNA wrote to the Senate Special Committee on Aging Thursday. The committee scheduled a hearing on financial literacy challenges faced by older and disabled Americans, but it was postponed.

CUNA strongly supports efforts to help seniors avoid financial exploitation and to encourage responsible decisions regarding financial management.

“Credit unions also provide elder abuse information and additional resources to help consumers, including on the credit union’s websites and with account statements,” the letter reads. “The member-owner relationship means credit unions dedicate substantial resources to assist members in living healthy financial lives and are in a key position to assist regulators and law enforcement in the deterrence of scams targeting seniors.”

CUNA was heavily involved in and strongly supported the Senior Safe Act of 2018, which was enacted into law. The law provides reporting immunity under bank privacy laws and encourages education and training at financial institutions to recognize and appropriately deal with elder financial exploitation.

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CUs in key position to deter scams targeting seniors