Sunday, June 19, 2022

SC Supreme Court summons disgraced lawyer Alex Murdaugh to appear in person on disbarment

By John Monk 


The South Carolina Supreme Court has summoned suspended Hampton County attorney Alex Murdaugh, who remains jailed in Richland County on a slew of financial charges, to its courtroom on June 22 to show cause why he should not be disbarred. 

In an order published Thursday, the high court in essence said that Murdaugh’s financial crimes are so great, and he has confessed to some of them, that it is a waste of the court’s investigative arm’s time and resources to investigate them any more. 

“Respondent shall appear in the Supreme Court Courtroom at 11:00 a.m. on June 22, 2022, to present legal argument on the question of whether this Court should disbar Respondent from the practice of law,” the court’s order said.

It was signed by Chief Justice Donald Beatty for all five justices. 

“In this unique case, (Murdaugh’s) admissions in the public record lead to only one conclusion — that (Murdaugh’s) egregious ethical misconduct subjects him to the most significant sanction available — disbarment. Accordingly, we find there is no need to expend additional resources to proceed through the normal disciplinary process,” the court’s order said.

Murdaugh’s attorney, Jim Griffin, said he doesn’t expect Murdaugh to contest the motion. He also said he expects Murdaugh to be there in person because the Supreme Court has also ordered a sheriff’s van to transport Murdaugh from the jail to the Supreme Court courtroom. 

If Murdaugh is disbarred because of this order, it means the public won’t get to see a full public accounting by the court of the extent of Murdaugh’s misdeeds and how he carried them out. 

Normally, the court’s investigative arm, called the Office of Disciplinary Council, conducts an investigation and after an in-depth process submits its findings for the court. The court then usually issues lengthy public findings of fact before taking serious disciplinary action. 

In a final order of disbarment, the Supreme Court could still issue findings of fact, but how detailed that document would be is open to question. 

State grand jury indictments issued last fall, winter and this spring charge Murdaugh with using sham bank accounts and con schemes to steal more than $8 million from his law firm, his clients and associates for a 12-year period.

But the indictments are only generally worded accusations and do not give the kind of details that would surface in a full-fledged Supreme Court investigation or a trial. 

“There is no factual dispute about whether (Murdaugh) engaged in dishonest conduct,” the court said. 

Murdaugh has been in the Richland County jail since last fall unable to post $7 million bond for his alleged financial crimes. It is one of the highest bonds ever set for a state criminal defendant. 

Murdaugh has appeared by remote video in previous hearings. In this case, however, the high court said it wanted him in its courtroom.


Full Article & Source:

Socially Isolated People Have Differently Wired Brains and Poorer Cognition

Summary: Social isolation is linked to alterations in brain structure and cognitive deficits. Additionally, social isolation can increase the risk of developing dementia as a person ages.

Source: The Conversation

Why do we get a buzz from being in large groups at festivals, jubilees and other public events? According to the social brain hypothesis, it’s because the human brain specifically evolved to support social interactions. Studies have shown that belonging to a group can lead to improved wellbeing and increased satisfaction with life.

People who are isolated from others do worse on cognitive tests. Image is in the public domain

Unfortunately though, many people are lonely or socially isolated. And if the human brain really did evolve for social interaction, we should expect this to affect it significantly. Our recent study, published in Neurology, shows that social isolation is linked to changes in brain structure and cognition – the mental process of acquiring knowledge – it even carries an increased risk of dementia in older adults.

There’s already a lot of evidence in support of the social brain hypothesis. One study mapped the brain regions associated with social interaction in approximately 7,000 people.

It showed that brain regions consistently involved in diverse social interactions are strongly linked to networks that support cognition, including the default mode network (which is active when we are not focusing on the outside world), the salience network (which helps us select what we pay attention to), the subcortical network (involved in memory, emotion and motivation) and the central executive network (which enables us to regulate our emotions).

We wanted to look more closely at how social isolation affects grey matter – brain regions in the outer layer of the brain, consisting of neurons. We, therefore, investigated data from nearly 500,000 people from the UK Biobank, with a mean age of 57. People were classified as socially isolated if they were living alone, had social contact less than monthly and participated in social activities less than weekly.

Our study also included neuroimaging (MRI) data from approximately 32,000 people. This showed that socially isolated people had poorer cognition, including in memory and reaction time, and lower volume of grey matter in many parts of the brain.

These areas included the temporal region (which processes sounds and helps encode memory), the frontal lobe (which is involved in attention, planning and complex cognitive tasks) and the hippocampus – a key area involved in learning and memory, which is typically disrupted early in Alzheimer’s disease.

We also found a link between the lower grey matter volumes and specific genetic processes that are involved in Alzheimer’s disease.

There were follow-ups with participants 12 years later. This showed that those who were socially isolated, but not lonely, had a 26% increased risk of dementia.

Underlying processes

Social isolation needs to be examined in more detail in future studies to determine the exact mechanisms behind its profound effects on our brains. But it is clear that, if you are isolated, you may be suffering from chronic stress. This in turn has a major impact on your brain, and also on your physical health.

Another factor may be that if we don’t use certain brain areas, we lose some of their function. A study with taxi drivers showed that the more they memorised routes and addresses, the more the volume of the hippocampus increased. It is possible that if we don’t regularly engage in social discussion, for example, our use of language and other cognitive processes, such as attention and memory, will diminish.

This may affect our ability to do many complex cognitive tasks – memory and attention are crucial to complex cognitive thinking in general.

Tackling loneliness

We know that a strong set of thinking abilities throughout life, called “cognitive reserve”, can be built up through keeping your brain active. A good way to do this is by learning new things, such as another language or a musical instrument.

Cognitive reserve has been shown to ameliorate the course and severity of aging. For example, it can protect against a number of illnesses or mental health disorders, including forms of dementia, schizophrenia and depression, especially following traumatic brain injury.

There are also lifestyle elements that can improve your cognition and wellbeing, which include a healthy diet and exercise. For Alzheimer’s disease, there are a few pharmacological treatments, but the efficacy of these need to be improved and side effects need to be reduced.

There is hope that in the future there will be better treatments for aging and dementia. One avenue of inquiry in this regard is exogenous ketones – an alternative energy source to glucose – which can be ingested via nutritional supplements.

But as our study shows, tackling social isolation could also help, particularly in old age. Health authorities should do more to check on who is isolated and arrange social activities to help them.

When people are not in a position to interact in person, technology may provide a substitute. However, this may be more applicable to younger generations who are familiar with using technology to communicate. But with training, it may also be effective in reducing social isolation in older adults.

Social interaction is hugely important. One study found that the size of our social group is actually associated with the volume of the orbitofrontal cortex (involved in social cognition and emotion).

But how many friends do we need? Researchers often refer to “Dunbar’s number” to describe the size of social groups, finding that we are not able to maintain more than 150 relationships and only typically manage five close relationships.

However, there are some reports which suggest a lack of empirical evidence surrounding Dunbar’s number and further research into the optimal size of social groups is required.

It is hard to argue with the fact that humans are social animals and gain enjoyment from connecting with others, whatever age we are. But, as we are increasingly uncovering, it also crucial for the health of our cognition.

About this social isolation research news

Authors: Barbara Jacquelyn Sahakian, Christelle Langley, Chun Shen, and Jianfeng Feng
Source: The Conversation
Contact: Barbara Jacquelyn Sahakian, Christelle Langley, Chun Shen, and Jianfeng Feng – The Conversation
Image: The image is in the public domain

Full Article & Source:

Saturday, June 18, 2022

For some adults, it takes a team, not a guardian, to make life decisions


I am 19 years old and live with my family. I happen to have autism and am a cancer survivor. A lot of people like me have a guardian. I don’t. Instead, I use something called supported decision-making.

This is an alternative to guardianship where individuals pick a group of people they trust to help them make decisions. I am the decision-maker in my life.

State Senator Joan Lovely and Representative Paul Tucker have proposed a bill to provide a legal framework for supported decision-making in Massachusetts. I testified in favor of the bill at the State House. Passing this law would mean more people who want to could use supported decision-making. Fourteen other states and the District of Columbia already have laws like this one.

When I was in school, my mother and I were told that I needed full guardianship. This didn’t feel right for us. My mom had learned about supported decision-making and we found it was a great alternative for me. I chose my supporters and decided on the support I wanted.

Then came cancer. I was diagnosed during the pandemic. My supported decision-making team proved essential in helping me make my own decisions. Fighting cancer has been one of the hardest journeys of my life. But I was able to let my body and voice guide me, with support from my parents and others. I am so thankful for the freedom I’ve had to choose my treatments.

COVID-19-related visitor restrictions made supported decision-making harder. We had to advocate with the hospital to have my supporters with me at appointments. A law would make it easier for people to have supporters with them anywhere they need them.

Guardianship would have been worse than death to me because I would have lost my choice. I fully trust my team, but I want to make choices for my own life, and this law would protect that process.

Jonathan Gardner

East Bridgewater

Full Article & Source:

‘FINAL DISRESPECTS’: Marlboro County voters oust probate judge Mark Heath

Marlboro County Deputy Probate Judge Tammy Bullock walks into Hollis Slade’s home on Jan. 24, 2021 the day following his death. Bullock told someone in a phone call recorded on Slade’s back porch that she and the others spent the day “rummaging” through Slade’s home in search of a will.

MARLBORO COUNTY, S.C. (QUEEN CITY NEWS) — When the polls closed Tuesday night, Judge Mark Heath knew his days as the Marlboro County Probate Judge were over. Heath, first elected to the position in 1998, was beaten soundly in the June 14 Democratic primary.

Heath was unable to win a single precinct out of the 15 up for grabs in Tuesday night’s primary. 

Election results show Heath collected 342 votes – 13.4% of the total – out of the 2,540 votes cast. Heath lost his seat to Reneka McQueen McCoy who won the primary with 50.4% of the vote, or 1,280 votes. There is no Republican challenger.  

The primary result means Heath will no longer hold office when his term ends on Dec. 31, 2022.

The Marlboro County Board of Voter Registration and Elections confirmed Heath’s primary loss in a call Thursday. The board confirmed the probate election was confirmed final by state elections officials this week. 

Heath became part of our ‘Final Disrespects’ investigation last fall after his deputy probate judge, Tammy Bullock, was accused of ransacking a dead man’s home in January 2021 looking for a will. The man, Hollis Slade, died after a sudden illness and multiple security cameras captured Bullock and others discussing searching Slade’s home for a will.

The recordings also show Bullock and the group talking about concealing financial information the found in Slade’s home from his family. The videos also show some in the group walking out of the Slade home with property – all while Slade’s wife was inside. 

Slade’s wife, Joyce, suffers from dementia and requires full time care.  

Marlboro County Deputy Probate Judge Tammy Bullock looks at a FOX 46 camera as she watched our crew record video outside the county courthouse on Sept. 24, 2021. (WJZY Photo/Jody Barr)

The family filed criminal complaints against Bullock and the group, accusing Bullock of impersonating a public official and the others of theft. Bullock, Slade’s family alleged, introduced herself as a probate judge, although Bullock was not sworn in at the time.

Heath had appointed Bullock as the county’s deputy probate judge at the time of Slade’s death. She wasn’t administered an oath until mid-March.

The South Carolina Law Enforcement Division initially declined to investigate the Slade family’s complaint, telling Queen City News Chief Investigator Jody Barr the acts depicted in the video recordings were a “civil matter.”

Slade’s neighbor, Bobby Norris, told QCN he reported the videos and the allegations concerning Bullock to Heath on Jan. 29. When we questioned Heath about Norris’ call Heath would not talk about the call, what Norris told him, or what action he took to address the complaint.

Bullock continued working at the probate office until Oct. 27 when she resigned “effective immediately.” Bullock’s resignation happened on the final day of the South Carolina Association of Probate Judges’ annual conference at a Myrtle Beach resort. We found Bullock’s Cadillac SUV at the conference on the first day, but could not find Bullock or her vehicle on the final two days of the conference.

We found Heath at the conference and attempted to interview him as he got onto an elevator. Heath would not speak with us and a few minutes later, we saw Heath and his wife loading their luggage into the car and got back on the highway to Marlboro County. 

After we filed a South Carolina Freedom of Information Act with SLED requesting access to the Slade complaint, SLED denied the request claiming an exemption that allows agencies to block release of records while a criminal investigation is underway. SLED later claimed an internal “miscommunication” led to the agency telling QCN the Slade complaint was a “civil matter” and that the agency actually had an active investigation underway at the time.

When we last asked SLED and the South Carolina Attorney General for an update on the Slade investigation on April 29, the agency confirmed the investigations were still open. After SLED closes its investigation, the agency will submit the case file to the AG’s office for a prosecutor to determine whether anyone will face charges.

Full Article & Source:

'FINAL DISRESPECTS': Marlboro County voters oust probate judge Mark Heath - YouTube Video

 

Source:  

Friday, June 17, 2022

Some People With Disabilities Were Abused And Neglected After Global Company KKR Took Over More Than 600 Group Homes

This is a plain language version of a story published earlier this year, adapted by Sandy Mislow of the Self-Advocacy Association of New York State. Plain language is a type of writing that uses common words, short sentences, and images to make information more accessible.

Icon of a magnifying glass
The Noun Project

BrightSpring Health Services is a nationwide organization that provides support and services to people with disabilities. It was bought by a large investment company called KKR in 2019. BuzzFeed News investigated neglect, abuse, and death suffered by some people who lived in group homes run by BrightSpring. Here are the main things our investigation found:

Icon of 3 people under a roof
The Noun Project

1. BrightSpring runs more than 600 group homes for people with severe intellectual and developmental disabilities. Many of these people need help to bathe, eat, or communicate.

Icon of a person being assaulted by another person
The Noun Project

2. Since KKR bought BrightSpring, many of its group homes haven’t had enough staff members to keep the residents safe. After finding dangerous conditions in several homes, a state prohibited the company from accepting new residents. Some residents died. Despite these problems, BrightSpring bought even more companies to expand its business.

Icon of a dead person
The Noun Project

3. No one was watching when one man walked out of his group home. He got hit by a car. Another person who was left alone drank a poisonous chemical and did not get medical help for more than 9 hours. Someone else choked to death, and staff called the supervisor first instead of 911. Other residents were given the wrong medicine or no medicine at all. One woman was restrained in her bed and left alone; she later died from the injuries.

Warning icon
The Noun Project

4. From March 2019 to December 2021, many group homes run by KKR and BrightSpring were found to be very dangerous. Safety inspectors found problems more frequently at these homes than homes run by other organizations.

The Noun Project

5. A manager named Perry McAfee, who supervised 60 group homes, said that BrightSpring was more concerned about making money than providing high-quality services.

Icon of a neglected person
The Noun Project

6. Group home managers told their bosses at BrightSpring that they couldn’t get enough staff because the pay that was offered was so low. Several times, safety inspectors visited homes and found no staff at all. The people living in them were alone with no help.

Icon representing people in a classroom with a "no" sign overlaying the image
The Noun Project

7. Some staff did not get enough training on how to properly support the people who lived in these homes.

Icon of a calendar
The Noun Project

8. Staff sometimes had to work 3 days in a row without being allowed to go home. Some said their bosses threatened them with arrest if they tried to go home. Also, when staff did bad things, they were not always fired. One staff member pulled a gun on a client's family member and was not immediately fired.

The Noun Project

9. Some nurses quit because they were afraid that they would lose their nursing licenses if they kept working somewhere that was so unsafe. They warned their bosses that some people living in these homes could die because of the poor care they were given.

The Noun Project

10. Group home managers said their supervisors made them take in new people into the homes, even when there were not enough staff to support them.

Icon of a hand holding a bag of money
The Noun Project

11. KKR approved a plan for BrightSpring to borrow over $1 billion to buy more companies. Because of this, BrightSpring had to pay more than $135 million each year in interest fees. This money could have been spent on improving the group homes and increasing staff pay.

Icon of a finger wagging in disagreement
The Noun Project

KKR and BrightSpring said they strongly disagree with the information being reported about them. They said it was incorrect and gave readers the wrong idea.

Icon of hands receiving an award
The Noun Project

KKR told BuzzFeed News that it spent $200 million per year on its group homes to improve the quality of care provided, and it has increased staff pay by 28% since 2019. BrightSpring said 99.99% of the time spent supporting people in its group homes was without any incidents, and that medication was properly given 98% of the time.

Icon of a man holding a bag of money
The Noun Project
 Full Article & Source:

General Assembly approves to lower elder financial exploitation age

by Kevin Perrington-Turner


PROVIDENCE, R.I. (WLNE) — The General Assembly approved a bill Thursday that would lower the age of eligibility for a Rhode Islander to be considered a victim in elder financial exploitation.

Currently, Rhode Islanders are required to report elderly exploitation for anyone 60 or older, however, a person can’t be charged unless the victim is at least 65.

If passed, the bill will lower that age to 60.

Senator Cynthia Armour Coyne, who helped fight against elderly financial exploitation from 2018 to 2019, wants to help protect residents.

She said, “This legislation closes a confusing and unintended gap between our requirement to report abuse and when charges can be brought for elder financial exploitation. Ultimately, it also protects more Rhode Islanders. A wider definition better ensures that more cases can be successfully prosecuted, and ultimately provides greater protection to Rhode Islanders.”

Elder financial exploitation is the illegal mishandling of an elderly persons funds. Typically using trust to gain access to someones financial resources.

The bill will now go to the governor.

Full Article & Source:

Thursday, June 16, 2022

A Proclamation on World Elder Abuse Awareness Day, 2022

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

It is more vital than ever that we ensure our older adults can age with the dignity, security, and appreciation that every person deserves.  Honoring and respecting older Americans is a matter of basic human dignity and justice — it is part of the character of our Nation.  Yet every year, many Americans aged 60 and older experience abuse and neglect.  On World Elder Abuse Awareness Day, we join the international community to raise awareness and help end elder abuse here at home and across the world. 

Elder abuse takes many forms, such as financial, emotional, physical, and sexual harm, including intimate partner violence in later life.  It often comes in the form of neglect, abandonment, or exploitation.  It is estimated that approximately 1 in 10 elderly Americans are abused annually.  However, many of those who are abused suffer in silence, and many cases are never reported or brought to light.  In the past few years, while the pandemic isolated all of us to different extents, it especially exacerbated the isolation felt by too many older adults.  All of us have a role to play in preventing elder abuse and ensuring that our Nation’s seniors are able to age with dignity.  With a majority of elder abuse victims being women, my Administration is focused particularly on improving our support for all women and preventing and addressing gender-based violence that impacts older adults both domestically and abroad.

We must remain steadfast in our commitment to preventing elder abuse.  My Administration allotted $178 million through the American Rescue Plan and the COVID-19 recovery bill to improve and strengthen the work of Adult Protective Services (APS).  Additionally, my budget proposal for 2023 would provide ongoing support for APS and State Long-Term Care Ombudsman programs.  Our comprehensive, collaborative efforts to respond to elder abuse, neglect, and exploitation include initiatives to reform guardianship, support adult decision-making, crack down on scammers and fraudsters, and empower victims of exploitation.  Our commitment to supporting survivors of all ages is reflected in the reauthorization of the Violence Against Women Act, which includes dedicated Federal funds to support survivor service providers, law enforcement, and prosecutors working to respond to domestic and sexual violence experienced by older adults.

As we continue to build a better America, we must ensure that we bring everyone along.  That is why my Administration is committed to safeguarding the rights of those who live in retirement and shared residential settings.  I have called on the Congress to deliver significant reforms to improve the safety and quality of care in our Nation’s nursing homes.  Recognizing the critical work of caregivers, I have also proposed measures to create a strong and well-compensated caregiving workforce to advance the well-being of our Nation’s older adults.  By ensuring a high quality of life and care for older Americans, we can support every community and honor the dignity of every person. 

On this World Elder Abuse Awareness Day, let us recommit to delivering all older Americans the promise of a comfortable and peaceful life with dignity.  Let us reaffirm our commitment to a world free from the scourge of abuse and neglect.  Let us join the world in celebrating the essential role older adults play in our lives.  

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim June 15, 2022, as World Elder Abuse Awareness Day.  I encourage all Americans to be diligent, work togetherto strengthen existing partnerships, and develop new opportunities to improve our Nation’s prevention and response to elder abuse, neglect, and exploitation.

IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of June, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-sixth.

                               JOSEPH R. BIDEN JR

 

Source:

House Approves Ban On Electric Shock Devices For Those With Developmental Disabilities

by Michelle Diament

A bill that would ban the use of electrical stimulation devices to address self-injurious or aggressive behavior is now headed to the U.S. Senate. (Thinkstock)

Congress is moving to ban devices used to administer electric shocks on people with developmental disabilities in an effort to modify their behavior, a practice that advocates have long decried as torturous.

The U.S. House of Representatives voted 392 to 28 last week to approve the Food and Drug Amendments Act, a broad bill reauthorizing programs at the Food and Drug Administration. Tucked inside the legislation is a provision that would put an end to the use of what are known as electrical stimulation devices, which send shocks through electrodes attached to the skin in order to condition people not to engage in self-injurious or aggressive behaviors.

The devices are believed to be used at only one facility in the U.S. — the Judge Rotenberg Educational Center in Canton, Mass., which serves children and adults with developmental disabilities as well as those with behavioral and emotional problems.

Disability advocates have worked for years to bar the practice. And in 2020, the FDA finalized a ban on the devices after determining that they pose an “unreasonable and substantial risk of illness or injury.” The agency cited evidence of psychological and physical risks including burns, tissue damage, worsening underlying symptoms, depression, anxiety and post-traumatic stress disorder.

But the Rotenberg Center sued and last summer the U.S. Court of Appeals for the D.C. Circuit found that the FDA had overstepped its authority and overturned the regulation.

The legislation now heads to the Senate where advocates say they are hopeful that the provision banning electrical stimulation devices will be included.

“Contingent electric shock for the purposes of behavior modification is inhumane and ineffective and has been condemned by the United Nations as torture,” said Julia Bascom, executive director of the Autistic Self Advocacy Network. “We hope the Senate will act swiftly — folks subjected to these shocks have been waiting for far too long.”

Supporters of the Rotenberg Center, however, are not backing down on what they say is a last resort for individuals with severe behaviors who have not responded to other treatments.

“The parents and guardians of clients of the Judge Rotenberg Educational Center (JRC) will continue to fight to preserve the life-saving electrical stimulation device (ESD) treatment for our loved ones, for whom all other treatment options have been tried and failed,” the Judge Rotenberg Educational Center Parents Association said in a statement to Disability Scoop. “Were the proposed legislation to be enacted, it would destroy the significant gains that have been achieved due to this treatment and inevitably result in self-mutilation and the reemergence of other severe behaviors that will lead to irreparable harm, permanent disfiguration, or even the death of our children.”

Full Article & Source: