Battle Over Royalty Rights

The family of Grammy award winning R & B artist, Donny Hathaway, is battling over royalty rights for the deceased singer.

Donny's daughter, Donnita is suing her step-mother Eulaulah Hathaway, her two half sisters, Kenya (a backup singer in the American Idol house band) and Lalah and Universal Music for fraud by not giving her royalties from her father's expansive and impressive music library catalogue.

Donnita claims that her step-mother has denied her existence, and that she was not Donny's daughter. However, A probate court has ruled that Donnita is one of Hathaway's heirs.

Full Article and Source:
Hathaway Family Lawsuit: Where Is The Love?

More information:
Court Documents (pdf)

Cohabitating Bill Fails

The legislature's House Health and Human Services Committee put a bill that would allow cohabitating people to adopt children on hold, after it didn't get enough support to pass.

The committee heard testimony from the public, with those against it arguing that traditional parents are better for children than a same-sex couple, and those in support stating there's no difference.

Those opposed to the bill argued that cohabitating couples could be granted guardianship and gain the same rights as adoption. But bill Sponsor Rebecca Chavez-Houck said there would be differences in Social Security and insurance benefits.

The bill failed five to one, and will how be held indefinitely.

Full Article and Source:
Bill to Allow Cohabitating People to Adopt Children Fails in Legislative Committee

More information:
Bill to Prohibit Discrimination Based on Sexual Orientation Fails in Legislative Committee

Brother Against Brother

In 2000, a doctor diagnosed Harry Sable with Alzheimer's disease. One year later, another physician found the elderly Cherry Hill man unable to care for himself or run his jewelry business, court papers say.

But in October 2003, one of his sons, Barry Sable, took him to a lawyer who drew up a new will. It left the entire estate of Harry Sable, then a married father of three, to one person -- Barry Sable.

That change, made weeks after Harry had been involuntarily committed, deepened a family feud and fueled a long legal battle between Barry Sable, a Burlington County resident, and a disinherited brother, Michael.

Now, a state appeals court has come down in Michael Sable's favor.

The three-judge panel upheld a Superior Court ruling that the October 2003 will, and another prepared a short time later, were invalid and were prepared under Barry Sable's undue influence. The judges also supported an order that Barry Sable must pay more than $700,000, an amount that includes money missing or spent improperly from his father's accounts, as well as legal expenses for his brother.

Full Article and Source:
Family feud reaches new heights

Seniors Being Victimized

Senior citizens increasingly are being victimized by desperate people looking for soft targets in Michigan's hard economy.

Fraud and violence against the elderly are on the rise throughout Metro Detroit, according to law enforcement and advocates for senior citizens.

"It's stunning, the level of violence we are beginning to see," said Thomas Wenzel, principal Wayne County prosecutor for elder abuse.

When seniors suffer physical, emotional and financial abuse, it's usually at the hands of relative caregivers. But local officials say they have seen a recent rise in violence and financial fraud against the elderly by strangers and others who won their trust. At a time when FBI statistics for Metro Detroit show decreases in the major reported criminal categories, prosecution of violent crimes against the elderly rose 75 percent last year in Macomb County. Overall crimes involving senior victims spiked 42 percent in Oakland County. In Wayne County, prosecutors say the numbers haven't risen, but the level of brutality involved in the crimes has.

Dangerous stereotype --
that the elderly are weak, easily confused and distrusting of banks during hard times -- is leading desperate people to believe they might be easy marks for scams, strong arm robbery and worse.

Full Article and Source:
Violence against seniors on the rise

Victim Breaks Silence

Exclusive Interview to Newschannel 15

The victim of an incest case says she endured more than a decade of abuse by her half brother, 46-year-old Donald Medsker. He is accused of fathering seven children with her over the course of about 15 years.

She tells Newschannel 15 that she's speaking out now because all five of the children who lived with her have been taken away by the state. She says she's never abused or neglected them, and feels like she's being blamed for what happened.

It started when Medsker gained custody of her when she was 1, right after their mother died.

"He was supposed to be my guardian. He was supposed to be the dad figure in my life and he abused that right, over and over again," she said.

By age 14, Medsker had allegedly gotten her pregnant. She says she felt helpless, had no where else to go, and no family to save her. Over the next 14 years, she says she had six more children by Medsker, and gave up two for adoption. She finally went to police after he allegedly began abusing one of them.

All five of her kids, ages one to ten, had been living with her until Thursday when police and social workers unexpectedly came and took them away.

"They acknowledged that they were here to take the kids and and I got no explanation."

Full Article and Source:
Incest victim breaks silence

Looking For Intruder

IN - An elderly Claymont woman was robbed by the same man she attempted to help earlier in the day, police reported.

About 10:30 p.m., the unemployed man returned to the woman’s home in the 300 block of Pyramid Avenue and told her his car had broken down and he needed to use her phone. The 75-year-old woman picked up her phone and handed it to the man, who was standing outside. When he was finished calling someone and she reached back outside to retrieve the phone, the man grabbed the her arm and forced his way inside.

New Castle County police spokesman Cpl. Trinidad Navarro said the intruder implied he was armed and threatened to kill the victim is she didn’t give him some money.

The victim, meanwhile, hit the man in the head with the phone and struck him in the body with a broom.

Navarro said the man ran upstairs to a bedroom while the woman ran to another room and called police. When officers arrived at the house minutes later, the man had already escaped.

The victim’s pocketbook was found in the bedroom turned upside down with no obvious items taken.

The victim told police the man first came to her door around 1 p.m. Thursday, asking if she needed someone to do her yard work. He told the woman he recently lost his job and needed to buy diapers for his child. The victim agreed to pay him $30 to rake leaves, which took about 40 minutes to complete.

After the woman paid him $30, he complained the she owed him more money. The woman refused to give him any more but allowed him to use her telephone outside before he left.

The man is about 5’9 inches tall, between 25-35, with short blonde hair. He was last seen wearing blue jeans and a plaid shirt.

Anyone with information on his identity is asked to call Detective Michael Zilinski at 395-8110 or Crime Stoppers at (800) TIP-3333.

Contact Terri Sanginiti at 324-2771 or tsanginiti@delawareonline.com

11-Year-Old Claims Guardian Abuse

The state Child Abuse Hotline was notified after an 11-year-old complained of excessive corporal punishment by his legal guardian.

The boy had been picked up by his mother for her weekly visitation when she noticed that his face was reddened and swollen. The boy told her that his guardian had slapped him several times following an argument.

The boy went on to say that he has been physically abused in the past, on occasion with a belt. An investigation is continuing.

Source:
Boy complains of abuse by legal guardian

Lawyer Offices Shut Down

The State Bar of California has shut down three Southern California offices of attorney Mitchell W. Roth, who was recently declared a "vexatious litigant" by a federal judge.

Roth, who had expanded his law practice to include foreclosure cases, has been hospitalized due to severe depression since Jan. 23, according to the State Bar. His other cases have involved credit, debt, collections, personal injury, medical malpractice, wills and trusts and probate. On Jan. 30, U.S. District Judge Manuel Real of the Central District of California declared Roth, who has filed dozens of lawsuits in recent months, a vexatious litigant.

The State Bar, using a court order, shut down Roth's offices in Sherman Oaks, San Diego and Riverside. A recording at his Sherman Oaks office said: "Due to the illness of attorney Mitchell W. Roth, this law office is temporarily closed."

The State Bar said it will inventory the files of Roth's law firm and notify clients of the developments.

Source:
Three Offices of Attorney Declared 'Vexatious Litigant' Shut Down

Elder Abuse Victims Act

The House of Representatives passed a bill that would fund elder abuse prosecution and establish education and therapy programs for victims and their families.

The Elder Abuse Victims Act sailed through the House with a 397-25 vote. As part of the bill, Congress would direct the attorney general's office to conduct research into current state and local elder abuse prevention programs. The legislation also would provide funding for elder abuse prosecution at local, state and federal levels, as well as law enforcement training and nurse-investigators to identify and evaluate elder abuse cases.

Full Article and Source:
House passes elder abuse legislation

See also:
Elder Abuse Victims Act of 2008