Judge sets new trial for former guardian charged in death

Rebecca Fierle trial to begin March 20

By: Adam Walser

TAMPA, Fla.  — A judge set a new trial date Tuesday for former professional guardian Rebecca Fierle after her felony trial ended in a hung jury last month.

Fierle will face trial again in Hillsborough County Circuit Court on the week of March 20, 2023.

She's charged with aggravated abuse of an elderly person and neglect of an elderly person in connection with the death of 75-year-old Steven Stryker in May of 2019.

Investigators allege that while serving as Stryker's professional guardian, Fierle plugged his feeding tube and sought a “do not resuscitate” order, causing him to choke to death days later.

Stryker's death got statewide attention and led to a new law requiring guardians to get a judge's approval before requesting a DNR order.

After a four-day trial in September, a judge declared a mistrial when the jury couldn't reach a unanimous verdict following two days of deliberation.

More than a dozen medical experts and Stryker’s estranged daughter testified at the trial.

Stryker had a history of mental illness and was listed on the Florida Sex Offender Registry after exposing himself in Brevard County in 2000.

He also had medical issues that made it difficult for him to swallow solid food.

That made it difficult for Fierle to place him since nursing homes wouldn’t accept him because of his status as a sex offender, and assisted living facilities were unable to care for his feeding tube.

Several doctors and counselors testified at Fierle’s trial that Stryker wanted to take every measure possible to continue to live, even though his quality of life was compromised in the months before his death.

A status hearing will take place on November 28 to make sure medical experts are available to testify.

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

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Judge sets new trial for former guardian charged in death

Judge Disciplined for Conducting Investigation

By Dan Trevas

A Portsmouth judge was publicly reprimanded by the Supreme Court of Ohio today for independently investigating a juvenile court matter, failing to recuse himself from the case, and failing to perform the duties of judicial office fairly and impartially.

On Jan. 12, 2017, D.M., a father of five children, was arrested on a charge of corrupting a juvenile with drugs and held in the Scioto County Jail. At the time, D.M. had legal custody of his three oldest children. A grandfather also lived with them. Another relative had custody of the two youngest children. The children’s mother was incarcerated. 

Childrens Services Agency Says Children Should Remain at Home
When D.M. was arrested, a caseworker for Scioto County Children Services Board (SCCSB) visited the home where D.M. lived and, as an alternative to removing the children from the home, made an in-home safety plan for the children.

The following day, a school resource officer contacted a staff member of Scioto County Probate and Juvenile Court Judge Richard Lemons. The resource officer expressed concern for the well-being of the children. The member of the judge’s staff and a probation officer went to the home. The staff member reported the water was turned off, the toilet was overflowing with human waste, the floor was littered with dog feces, the refrigerator was not working, and the children had no beds. He reported his concerns to the judge and SCCSB, which sent a caseworker to the home. SCCSB did not remove the children from the home.

Judge Visits Children’s Home
The next day, Judge Lemons, accompanied by law enforcement officers, conducted his own investigation of D.M.’s residence. In addition to confirming what his staff member saw, the judge observed the grandfather had a wall heater with an open flame within a few feet of his oxygen tanks and a child was using the oven to warm himself, among other concerning conditions.

Judge Lemons returned to his chambers and issued an entry, “[u]pon the court’s own motion” and without a case number, finding that two of the children in D.M.’s home were in imminent danger and ordering SCCSB to place the children in its temporary custody and to investigate the matter. Court staff notified SCCSB of the emergency order but did not notify D.M. or the children’s mother, whose notification is required by statute.

Within the week, SCCSB filed a new complaint alleging all five of D.M.’s children were dependent because their parents were incarcerated, and no other relatives could care for them.  SCCSB’s filing said the relative who had legal custody of the two youngest could no longer care for them. The agency asked for an ex parte order giving it custody of the children until the cases were resolved.

Judge Fails to Disclose Actions
Judge Lemons granted the order and presided over the probable cause hearing , where no evidence was presented about the conditions of the home. Both parents, though incarcerated, appeared for the hearing. Judge Lemons mentioned the conditions of the home but did not inform the parents he had been there.

Judge Lemons continued to preside over the hearings involving custody of the children in 2017 and 2019 and never informed the parties or their counsel he had personally visited their home, triggering the entire custody action.

During his disciplinary hearing, Judge Lemons said he investigated because he did not trust SCCSB’s judgment. He was upset with SCCSB for refusing to remove the children and wanted to “force [SCCSB] to do their job.” He explained that as the opioid epidemic worsened in Scioto County, he felt the agency was not investigating or filing enough cases and its inaction had the court flooded with calls from grandparents, schools, and hospitals asking the court to act. Judge Lemons said his frustration got the better of him.

Judge Violated Conduct Rules
The Board of Professional Conduct found Judge Lemons violated three rules of the Code of Judicial Conduct, including prohibiting a judge from independently investigating facts in a matter, rather than considering only the evidence presented, and requiring a judge to disqualify himself from any proceeding in which his impartiality might be reasonably questioned. And the board found Judge Lemons usurped SCCSB’s legal authority by disregarding its decision and conducting his own investigation, violating the rule against failing to apply the law and perform his duties fairly and impartially. The board concluded that no matter how well intentioned the judge was, he “could not be both the source of a private referral based on his knowledge and an impartial arbiter of the issues as a judge.”

The board found Judge Lemons engaged in multiple disciplinary offenses, which was an aggravating factor. However, Judge Lemons had a clean disciplinary record, lacked a dishonest or selfish motive, and cooperated with the board’s investigation, which were all mitigating factors.

In a 7-0 decision, the Supreme Court concluded that the judge’s good intentions do not excuse him from complying with the Code of Judicial Conduct.

Chief Justice Maureen O’Connor, in a concurring opinion, wrote that she agreed with the public reprimand, which will remain a part of the judge’s disciplinary record. She wished to “go a step further and observe that his actions ultimately benefited D.M.’s children by removing them from a dangerous environment devoid of capable caregivers that left the children at risk of a tragedy occurring at any minute.” And the chief justice emphasized that, standing alone, Judge Lemons’s disciplinary record will not inform the public that Judge Lemons was not acting in self-interest but in the best interests of D.M.’s children.

The chief justice noted that the judge felt compelled to act only when others neglected their duty to the children, which was the responsibility of the children services board.

The SCCSB has since disbanded, and there is a new children’s services agency in Scioto County. Judge Lemons agreed to recuse himself from any remaining dependency cases involving D.M.’s children.

The Court ordered Judge Lemons to pay the costs of the disciplinary proceedings.

2022-0713.Disciplinary Counsel v. Lemons, Slip Opinion No. 2022-Ohio-3625.

Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion, but only for noteworthy cases. Opinion summaries are not to be considered as official headnotes or syllabi of court opinions. The full text of this and other court opinions are available online.

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Judge Disciplined for Conducting Investigation

Woman worth millions fights temporary guardianship

FOX 26 Reporter Randy Wallace spoke with the woman who says the Harris County Probate Court is trying to find her incompetent.

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Woman worth millions fights temporary guardianship

Kevin Rennie: A CT probate judge charged with DUI served a short prison stint. He’s seeking reelection with a different political party.

By Kevin Rennie

A probate judge who served a short sentence in state prison earlier this year and has been barred from practicing law since last year is clambering for reelection.

In spite of Peter Mariano’s flagrant criminal misconduct — and despite a statement from the governor’s campaign that Mariano should not be a candidate — the disgraced judge is seeking a sixth term in a district comprised of Beacon Falls, Middlebury, Naugatuck and Prospect. The campaign is a test for the voters as well as the two candidates.

Mariano was arrested and charged last year three times for drunken driving and twice for driving with a suspended license. The videos of Mariano’s arrests revealed a jarring portrait of a judge who, drunk or sober, allegedly tried to use his connections and position in the community to avoid arrest. Mariano failed to intimidate police with repeated reminders to Naugatuck officers that he is a judge and knows their bosses.

Republican delegates rejected Mariano and endorsed state Rep. Rosa Rebimbas, a Naugatuck Republican. She defeated Mariano in an August primary by a wide margin. 

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Kevin Rennie: A CT probate judge charged with DUI served a short prison stint. He’s seeking reelection with a different political party.

Rebecca Fierle mistrial: Orlando guardian’s 2nd trial set for March

By Monivette Cordeiro

Almost a month after a mistrial in the case of former Orlando guardian Rebecca Fierle, a judge on Tuesday scheduled the retrial for March 2023.

During a virtual hearing, Fierle’s attorneys told Circuit Judge Samantha Ward their client was waiving the 90-day rule mandating the start of a new trial after a mistrial. After conferring with both sides on their availability, the judge set the second trial to start on March 20.

Fierle, 53, is accused of aggravated abuse and neglect of an elderly or disabled adult in the 2019 death of her 75-year-old incapacitated client Steven Stryker. She has pleaded not guilty.

A six-person Tampa jury deadlocked on a verdict in the trial last month after deliberating for about 12 hours over two days.

Fierle was the court-ordered decision maker for Stryker and hundreds of other incapacitated people in Florida before details of his death sparked a statewide scandal in the state’s guardianship system.

Multiple investigations into Fierle by authorities and news outlets, including the Orlando Sentinel, exposed widespread flaws in the guardianship program, prompting lawmakers to pass reforms in 2020.  (Continue Reading)

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Rebecca Fierle mistrial: Orlando guardian’s 2nd trial set for March

Heartbreaking: Man with Down Syndrome Has Life Upended After Horrible Call from Wendy's

By Warner Todd Huston

A man with Down syndrome was unexpectedly fired from the job he held at a Wendy’s restaurant in North Carolina for 20 years, shocking his family and friends.

Dennis Peek worked for years at the Wendy’s in Stanley, North Carolina, but during the first week of October, he received some bad news, according to the Today Show.

On Oct. 5, his sister, Cona Turner, wrote a Facebook post in which she related how shocked she was over the firing.

Like any other big corporation, Wendy’s has had its issues, of course. The woman who the restaurant’s founder patterned his famed character after, Wendy Thomas, even noted that being the face of the chain since she was little put a lot of pressure on her growing up.

But firing Dennis was a big error.

“My brother Dennis has worked at Wendy’s in Stanley for over 20 years and I am heart broken to say they have fired him,” Turner wrote.

Turner added that due to his more limited abilities, her brother can’t understand why he was fired. And she added that they fired him because “he was unable to perform the duties of a normal persons job.” Oddly, it was the same job he had already been doing for two decades.

Turner wrote that she was considering filing a wrongful termination lawsuit against the corporation for firing Dennis.

After Turner’s anguished note went viral on social media, though, the group that operates the Wendy’s quickly reversed the firing and said it was a “mistake.”

“We are committed to creating a welcoming and inclusive environment for our employees and our customers. This was an unfortunate mistake and lapse in protocol; we are in touch with the employee’s family, and we are looking forward to welcoming him back to work in the restaurant,” the Carolina Restaurant Group said in a statement, according to WBTV. “We cannot comment further on personnel matters, but we’re taking appropriate action. This was an unfortunate mistake that we’re working through with the team member, his job coach and family. We’re also using this as an opportunity to retrain all our teams on our protocol.”

On the heels of the company’s actions, Turner added an update to her post reading, “They have offered Dennis his job back starting next week. My heart is overwhelmed by the support that you all have given my brother and myself! Thank you all so much.”

However, despite the company’s concession, Turner added that they decided that Dennis would, indeed, retire, instead of going back to work.

“Dennis will not be returning to Wendy’s, He will be having his BIG RETIREMENT party that he has been wanting. Wendy’s has offered to help with expenses and anything else they can for his special day,” Turner wrote in a final update.

“I feel in my heart at this point i should do what is best for my brother. I will have more details Monday or Tuesday. I am going to try to make an event page.” Turner concluded, “Thank you all again for all your love and support for my brother.”

Just after being fired, WBTV interviewed Dennis, and he said “I work there a long time.”

Dennis added that he loves Wendy’s food, “A lot of food to eat. It’s good stuff. I love Baconator,” he said. “I love my job at Wendy’s.”

WBTV also reported that when Dennis’ sister asked to see her brother’s termination report, the Wendy’s manager who fired the long-time worker refused to allow it.

“He’s always excited to go to work. He loves seeing people come in and speak to him. He loves to interact with the people,” Turner told WBTV. “He don’t understand if someone is coming against him. He don’t understand not being treated fair. He don’t understand none of that. He don’t … it just breaks my heart.”

The restaurant group said that if Dennis changed his mind, his job will be waiting for him.

“Should Dennis retire and ever want to work again, we’ll also be happy to welcome him back,” the company said in a statement, according to the Today Show.

This is the least of troubles the restaurant chain recently suffered. Wendy’s fell into the spotlight for an even worse reason in August when an enraged Wendy’s worker killed a customer at an Arizona location after the man complained about the service. Then, in September, Wendy’s suffered an e. coli outbreak across six states. Fortunately, no one died from the problem, but at least 43 were hospitalized.

In the end, the outpouring of love and support Dennis received through this ordeal was amazing and shows how blessed this man is, especially to have such a supporting family.

It was also a great opportunity to see how these sorts of situations should be handled. Dennis’ sister deserves great credit for eschewing vitriol and adding updates as the company responded with positive changes.

Further, the company was right to move as quickly as it did so as not to hurt its brand, and more importantly, not to hurt its employees. And it’s idea of offering further training for managers is probably a good idea, too.

We are hopeful that other companies will also learn a lesson from this incident. The fact is, people with Down syndrome are not all unemployable. And many can lead vital and productive lives in public. That must be remembered. Fortunately, it all ended well for Dennis and his family.

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Heartbreaking: Man with Down Syndrome Has Life Upended After Horrible Call from Wendy's

Supreme Court Case Could Sharply Limit Disability Rights

by Michelle Diament

The U.S. Supreme Court is expected to hear arguments in the case Health and Hospital Corporation of Marion County v. Talevski in November. (Yuri Gripas/Abaca Press/TNS)

Disability advocates are warning that a case going before the U.S. Supreme Court could severely threaten the rights of millions of people who rely on Medicaid and other government programs.

At issue is whether beneficiaries of programs like Medicaid have the right to sue state and local governments — or essentially have any form of recourse — if their civil rights are violated.

The case known as Talevski v. Health and Hospital Corporation of Marion County was brought by the estate of Gorgi Talevski, who is no longer living, alleging that he was chemically restrained and medicated so that he would go to sleep instead of being treated for his dementia while living in an Indiana nursing home.

A lower court determined that Talevski’s estate could sue under the Nursing Home Reform Act provisions of Medicaid, but the Health and Hospital Corporation of Marion County, or HHC, appealed to the Supreme Court arguing that nursing home residents shouldn’t be able to bring suit in federal court.

The case is now scheduled to be argued before the high court Nov. 8.

For decades, disability advocates say that the Supreme Court has recognized the ability of beneficiaries to sue if their rights under a whole host of safety net programs are violated. A court ruling in HHC’s favor would change that.

“With Talevski, the Supreme Court could cut off the right to go to court if state officials unlawfully deny, reduce or terminate benefits guaranteed by federal law. This would make it nearly impossible to hold state and local governments accountable for violating the rights of those depending on federally funded safety net programs,” reads a petition from the Bazelon Center for Mental Health Law and a handful of organizations in Indiana that are pushing back against HHC.

The impact would be far reaching, advocates say, affecting millions of people who rely on everything from Medicaid to the Supplemental Nutrition Assistance Program, the Children’s Health Insurance Program, Temporary Assistance to Needy Families and more.

Groups supporting the Talevski estate say the case could also influence the right to sue under Title IX of the Education Amendments of 1972, which bars discrimination based on sex, as well as Title VI of the Civil Rights Act, which speaks to discrimination based on race, color or national origin, and Section 504 of the Rehabilitation Act, which prohibits disability discrimination.

“This case is a large-scale assault on disability rights around the country,” said Peter Berns, CEO of The Arc. “Medicaid is the primary source of health care for people with intellectual or developmental disabilities, the vast majority of whom want to live with dignity in their homes and communities. Protecting their right to private action when such rights are violated would ensure they aren’t unnecessarily institutionalized and prevent the unraveling of anti-discrimination progress set forth by the ADA for over 30 years.”

Now, advocates are pressuring HHC to drop the case. Jalyn Radziminski at the Bazelon Center said more than 13,000 people have emailed HHC and elected officials in Marion County, Ind. — who appoint members to HHC’s board — urging them to withdraw the matter.

More than 20 amicus briefs supporting the Talevski estate have been filed by groups including the Bazelon Center, The Arc, the American Association of People with Disabilities, AARP and top Democrats in Congress.

Meanwhile, an amicus brief from a long-term care industry group as well as one filed by Indiana and 16 other states are backing HHC.

“This case is no joke,” said Jane Perkins, legal director at the National Health Law Program, which filed an amicus brief along with 42 other legal organizations supporting Talevski. “An adverse decision will have huge implications for government program beneficiaries and for holding governments accountable.”

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Supreme Court Case Could Sharply Limit Disability Rights

Frank Fritz, of 'American Pickers,' under guardianship after stroke

by Courtney Crowder

Frank Fritz

Frank Fritz, Iowan and former co-host of the reality show “American Pickers,” has been placed under a temporary guardianship following a debilitating stroke, according to court documents.

“Because of his stroke, Mr. Fritz’s decision-making capacity is so impaired that he is unable to care for his own safety, or to provide for necessities such as food, shelter, clothing, or medical care,” states a petition for guardianship filed in August. He is also “unable to make, communicate, or carry out important decisions concerning his own financial affairs.”

While Fritz recovers, a guardian “is necessary to avoid immediate harm,” the petition states.

On July 14, Fritz — who owns Frank Fritz Finds, an antiques store in Savanna, Illinois — was found unresponsive in his Davenport home and rushed to a local hospital. He was released to a rehabilitation facility in mid-August, where he continues to recover, court documents show.

“There are sufficient allegations to warrant appointment of a guardian and conservator on an emergency basis, including a letter from the Protected Party’s physician indicating he is unable to make decisions for himself,” Judge Henry Latham wrote in an order approving the guardianship.

A longtime friend was installed as guardian of Fritz’s care, and a local bank took over conservatorship of his finances. The guardian, who has been assisting Fritz since his stroke, and others involved declined through a lawyer to speak with the Register.

Fritz and Mike Wolfe, his childhood friend and reality TV co-star, achieved fame for their series, “American Pickers,” which followed the collectors as they traveled the country looking for antiques.

Premiering in 2010, the show diverted from the “Antiques Roadshow” format of shooting on a controlled set and featuring expert commentary. Instead, Wolfe and Fritz leaned on their streetwise knowledge and razor-sharp gut feelings as they traveled backroads and small-town Main Streets for looking for stories in equal measure to picks — as fans call the objects they buy.

Their folksy formula created reality show gold, making “Pickers” a ratings and rerun juggernaut for years.

But fans noted that Fritz was missing from episodes dating back to the start of the pandemic. In July 2021, Wolfe made his co-star’s exit from the show official in an Instagram post.

“I have known Frank for as long as I can remember, he’s been like a brother to me,” Wolfe wrote. “…I will miss Frank, just like all of you, and I pray for the very best and all good things for him on the next part of his journey.”

View this post on Instagram

A post shared by Mike Wolfe (@mikewolfeamericanpicker)

In the ensuing two years, tabloids like The Sun have breathlessly covered Fritz’s post-“Pickers” life, including a split from his former fiancée, a stint in rehab for alcohol abuse and extreme weight loss.

Fritz’s stroke was first reported by Wolfe in an Instagram post this summer, asking viewers to pray for his former co-star.

“I have been very private in the past year in regards to Frank's life and the journey he’s been on,” Wolfe wrote. “There has been lots of opinions in regards to mine and Frank’s friendship and the show but now is not the time to set the record straight. Now is the time to pray for my friend.”

“Frank I pray more than anything that you make it through this okay. I love you buddy.”

View this post on Instagram

A post shared by Mike Wolfe (@mikewolfeamericanpicker)

A friend of Fritz’s told the Quad-City Times that Wolfe’s post came as a surprise, but the collector hopes “something positive” can come out of the attention his health has received.

"While Frank was not prepared at the time for his condition to be published, he is grateful for all the prayers and well wishes," the Times reported the friend said.

"He would like everyone to know he continues to get better every day and is very determined," she told the Times. "He really is getting better every single day."

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Frank Fritz, of 'American Pickers,' under guardianship after stroke

Modesto woman arrested for financial elder abuse, grand theft in Turlock

Catrina Moreno was booked in the Stanislaus County Jail Wednesday on charges of grand theft, obtaining money by false pretenses and financial elder abuse.

Author: Krys Shahin

TURLOCK, Calif. — Turlock police arrested a Modesto woman Wednesday for financial elder abuse and grand theft after an investigation began Sept. 2.

Catrina Moreno was booked in the Stanislaus County Jail on charges of grand theft, obtaining money by false pretenses, and financial elder abuse.

According to authorities, Moreno met the elderly victim on a website when she was looking for a maid service.

The two agreed to work beginning Aug. 24 in the victims' Turlock home. Four days after Moreno began cleaning the home, police say the victim discovered multiple jewelry items missing with an estimated value of over $14,000.

Authorities tracked the items that were allegedly sold and pawned by Moreno and found she had recently sold other high-value items that didn't belong to this victim.

The Turlock Police Department says they believe Moreno has stolen from others when operating her unlicensed cleaning business “Maid2Clean” in the Turlock area.

The Turlock Police Department asks anyone with information to call Detective Matthew Ulrich at (209) 668-6570. You can also contact the Turlock Police Department’s Tip Line at (209) 668-5550 extension 6780 or email at tpdtipline@turlock.ca.us.

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Modesto woman arrested for financial elder abuse, grand theft in Turlock