Tuesday, May 20, 2014

New Placement gives DCF hostage Justina Pelletier more privileges


CONNECTICUT, May 14, 2014 —  Last Monday, the Commonwealth of Massachusetts moved 15-year old Justina Pelletier across state lines to her new placement at the JRI Susan Wayne Center for Excellence in Thompson, Connecticut. According to the Pelletier family, the move comes as a welcome, but not ideal, change of circumstances for their child, who was removed from their care under highly questionable circumstances last year by the Massachusetts Department of Children and Families (DCF). Yesterday, the family emerged hopeful from a meeting with the Wayne Center, after learning that their daughter would have more privileges, education time, and access to her family in the Connecticut facility.

“The people at Susan Wayne were very nice to us and have assured us that Justina will have more time with her family while we wait for her to come home,” says Justina’s older sister Jennifer, age 22. “But it’s still a three hour trip for us to see Justina at her new placement in Connecticut, which is just as far from our house in West Hartford as Justina’s last placement at the Wayside Center in Framingham, Massachusetts.”

At the time Justina was taken into State custody in February 2013, she was also a competitive figure skater. Currently, Justina is wheelchair bound and has lost much of her hair while in State care, going nearly a year without adequate medical treatment for her deadly metabolic disorder at Boston Children’s Hospital’s psychiatric lock down facility. Throughout the process, Jennifer, a West Hartford skating instructor, has been a staunch advocate for her little sister, regularly meeting with State officials and leaders on Justina’s behalf, and only missed one week of visitation.

“Our concerns for Justina’s medical care are still there,” says Jennifer, who questions whether a psychiatric facility is an appropriate placement for a child with such serious medical issues. She points out that the lack of medical specialists working for the Wayne Center means that Justina’s physical therapist will be an outside contractor who is brought in twice per week to work with her sister, which may not be enough.

Full Article & Source:
New Placement gives DCF hostage Justina Pelletier more privileges

See Also:
DCF refuses to let Justina Pelletier be with her Mother on Mother's Day

Shocking Note Apparently Penned by Justina Pelletier to Her Parents

Justina Pelletier's Parents File Emergency Petition With Supreme Court to Gain Custody

Boston Children's Hospital to be Investigated by the MA Department of Public Health Over the Justina Pelletier Case 

Major Update in Justina Pelletier Case; Lawmakers Get Involved, Teen Will Not be Transferred to Foster Care

NJ jury awards $13.2 million to family of nursing home rehab patient who died


A nursing home negligence case in New Jersey ended last week with a $13.2 million award to a former resident's family, lawyers have announced.

The case involved Mary Dwyer, who was admitted to the Alaris Health at Harborview facility in Jersey City for short-term rehabilitation after falling at home and dislocating a shoulder, according to plaintiffs' law firm Stark & Stark. Over the course of about three months, the 87-year-old Dwyer developed large Stage IV ulcers, lost 20 pounds, underwent nine wound debridements, two bone shavings and a colostomy — conditions and treatments that attorneys said were “unnecessary and preventable.” She died on Feb. 27, 2010.

“With adequate staffing and a properly run facility she would have completed her rehab and gone back home,” reads a statement from Stark & Stark. “Instead, she died an undignified death in pain.”
The 180-bed, for-profit facility vigorously denies the charges, calling them “false” and erroneous” in a statement. It also noted that the facility "recently received" a 5-star quality measures rating from the government. Harborview intends to appeal the verdict, which it describes as a “gross miscarriage of justice.”

Full Article & Source:
NJ jury awards $13.2 million to family of nursing home rehab patient who died

Family of grandmother attacked by nurse to file suit against Bronx nursing home


Norma Rosario
The family of a helpless Bronx grandmother who was brutally pushed and bloodied in a Williamsbridge nursing home plans to file a civil suit against the facility, their lawyer told the Daily News.

Norma Rosario suffered the vicious treatment on Jan. 4. — a day before her 73rd birthday — at Bronx Park Rehabilitation and Nursing Center, which will be named in the suit.

“The family entrusts this lady into their care and look what happens to her,” said attorney Adam Slater, who plans to file the suit in Bronx County Supreme Court on Tuesday. “She winds up with staples in her head.”

Rosemarie Brooks, the nurse who was arrested and criminally charged in the incident, will also be named in the suit, Slater said.

Brooks, 47, was captured on surveillance video violently pushing Rosario out of a room and into a door across the hallway at the Carpenter Ave. nursing home.

Rosario, who suffers from dementia, hit her head against the door and fell to the floor, and had to receive staples to close the laceration, according to a criminal court complaint.

Brooks was charged with endangering the welfare of a vulnerable elderly person and falsifying records. She is due to appear in Bronx criminal court on June 13.

The family accuses the nursing home of breaching its duty.

Full Article & Source:
Family of grandmother attacked by nurse to file suit against Bronx nursing home

Monday, May 19, 2014

The War on the Elderly and Disabled - 18 USCA 4 Report

If you need more convincing as to our own holocaust check out the Alice Gore case. After she was railroaded into one of the nursing home 'death camps' the miscreants mined her teeth for their gold filings!  

Across America this outrage continues! The evening news reports the kidnapping of several hundred children by terrorists, and the anguished statements of our political leaders; however, these same pols are silent as hundreds of elderly and disabled people are kidnapped and herded into abusive guardianships to be ravaged, stripped of their liberty, stripped of their money, and denied all rights of American citizenship.

The hypocrisy is amazing!
 
Our congress has enacted laws to protect the elderly and the disabled; however, except on rare occasions they (the laws) are ignored. Here in Illinois it is not uncommon for elderly people to find themselves under the dominion and control of ultra vires judicial domination that is akin to the gulag or the holocaust. I attached a copy of a brief that Ms. Denison and I filed in the 7th Circuit Court of Appeals that details how a senior citizen was railroaded into a guardianship, and when her friends and family tried to obtain JUSTICE for her they were thwarted and Ms. Denison and I have had to deal with the problem of being unwelcome whistle blowers who will not adhere to the code of silence.
 
The brief has been filed and is of record. Therefore, the 4th estate can reprint any of the statements made therein without fear of defamation. The miscreants including but not limited to the Administrator of the Attorney Registration and Disciplinary Commission, Guardian ad Litem Adam Stern, Guardian ad Litem Cynthia Farenga et al cannot censor the content and if you chose to be upset by the kidnapping of hundred of elderly people ****. (Even social media was intimidate by our miscreants - video's of Mary were posted demonstrating that she was very competent and demanding legal representation - legal representation was denied her - Mr. Stern told the Court she did not want to represented. He did this in the fact of handwritten notes smuggled out by Mary! (See Appendix)
The brief deals with a Taliban type assault on the First Amendment and demonstrates how vulnerable American liberties have become. I invite you to do an INDEPENDENT, HONEST, COMPLETE AND COMPREHENSIVE INVESTIGATION. I respectfully you sojourn to the Daley Center, go to the clerk's office on the 12th floor and access the Mary Sykes file 09 P 4585. It is an interesting read, if you also access the guardianship statute 755 ILCS 5/11a - 1 et seq.
 
The first step in any litigation is to check and see if jurisdiction has been obtained. 755 ILCS 5/11a - 10 deals with the method of obtaining jurisdiction. Examine the summons. The form of the summons is not compliant. Look to see if Mary was served with any process. There is no sheriff's return! Worse yet, the address on the summons is a Chicago address - Mary had been forcibly moved to Naperville! Thus, from the file it is apparent that Mary was not before the Court.
 
To make certain that a senior citizen is not railroaded, the statute requires that close relatives be notified 14 days prior to a hearing on competency. The Supreme Court of Illinois has said that such is jurisdictional. The file does not indicate that there was any notification of Mary's younger daughter or her two sisters. In point of fact none of these three individuals was notified and in fact in an effort to keep the proceedings secret Mary's two sisters were not disclosed on the Petition to appoint a guardian for her so as to strip her of her citizenship rights.
 
Mr. Schmiedel (the guardian's attorney) is not ashamed of the fact that there was no incompetency hearing - neither are the guardians. To Hell with the requirement that before a senior can be kidnapped and rendered a non-entity he/she has to be proven incompetent by clear and convincing evidence! All that was necessary was an agreement by the people who count - i.e. the elder cleansers.
  
The long and short is that State and Federal law are ignored as hundreds of senior citizens are taken prisoner and stripped of their liberty, property, and human rights the Administration on the Federal and State level are silent.
 
Full Article and Source:
The War on the Elderly and Disabled

See Also:
NASGA:  Alice Gore, Illinois Victim

NASGA:  Mary Sykes, Illinois Victim

Even though she's been paying rent, woman may be evicted from her home because she’s been hospitalized for too long


Macclenny, Florida woman Janice Crawford has been a patient in either a medical rehab facility or hospital since December 2013. Because of this, she received a letter from the property manager of the apartment complex she lives in explaining that she will have to move out of her apartment unless she returns to it by May 23. As First Coast News reports, it’s a difficult situation, made more difficult by attempts to interpret federal law.


Ms. Crawford has lived at Baker Manor for 12 years. Baker Manor is a privately owned United States Department of Housing and Urban Development (HUD) subsidized community. Even though the 57-year-old woman has paid her rent and “never had a problem” at the complex for over a decade, her medical condition, one that has kept her out of her home nearly 180 days, may mean she has to leave. Ms. Crawford received a letter from Baker Manor Business Manager Angela Tanner that read, in part:
“Tenancy may be terminated in response to extended absence or abandonment. Extended absence is when the tenant is absent from the unit for longer than 60 continuous days, or for longer than 180 continuous days for medical reasons.”
Ms. Tanner told FCN, “I don’t want Janice to lose her apartment, it is HUD’s rules and we don’t want to lose HUD funding, we have to comply.” She also mentioned that it’s a decision Baker Manor’s owners have made. Tanner is pointing to HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs (PDF) to make this claim. In fact, the letter quoted above takes the language from this handbook. However, the letter Ms. Tanner sent did not include one crucial sentence that immediately follows it: "Owners may allow exceptions for extenuating circumstances.” FCN’s report was unclear as to whether either Ms. Tanner or Ms. Crawford was aware of that sentence.

One could argue that Ms. Crawford is indeed dealing with, “extenuating circumstances.” Nancy Foss, a friend of Ms. Crawford, told FCN, “I have no idea how they can justify evicting a sick woman. Who, she needs a triple bypass, she is on dialysis and the stress from this is enough to harm her…It’s cruel. This is not something Baker County would do, we’re a family county."

As of FCN’s report, no eviction notices have actually been filed. Ms. Crawford told the station that she will attempt to be back in the apartment before May 23.

Sunday, May 18, 2014

Tonite on T.S. Radio: Guardian Abuse: Can You Spot the Predator?

In every State, elders and vulnerable adults are targeted by the "protection" industry for profit.

Probate courts can remove all or some of an elder's civil rights, leaving guardians and those who work with them in control the elder's life and assets.
  • Loopholes created by the law have allowed a criminal element into a system that has few protections for elders in place.
  • There is little or no monitoring in many counties of what happens to elders and their assets under guardianship.
  • There is no oversight by any entity outside of the court to ensure that it's proceedings are fair.   
For predators in the business of trafficking elders, it's all about the money.                  
  • Tonight, guest Marcia Southwick will be joining me to talk about the people who work under color of law.
  • Who are they?
  • Who do they target, and why?
  • How do they use the court system?
  • And how do they find their marks?
  • Is there any way to recognize them? And how can you avoid them?                                
Tune in for answers. Calls will be taken during the second half of the show.

5:00 pm PST … 6:00 pm MST … 7:00 pm CST … 8:00 pm EST

LISTEN LIVE or listen to the archive later

Illinois Attorney Ken Ditkowsky on his Suspension from the Practice of Law for Four Years

Every lawyer, to obtain his license, takes an oath to defend the Constitution. The oath is not benign, it creates obligation.  The League of Women Voters has a  slogn that captures the obligation:  "DEMOCRACY IS NOT A SPECTATOR SPORT!"

Over the centuries, despots have assaulted the Right of the public to speak out, and it is not a surprise that right here in America we have people who are assaulting the First Amendment.   It is also no surprise that we also have some dishonest citizens.   It is also not a surprise that some are in positions of power.    The surprise is that we are not jealous of the bounty that our founding fathers bequeath to us.
   
It is no secret that there are also some perfectly legitimate guardian ships that are well handled, well supervised and very necessary.  These latter guardian-ships are not the subject of our discussion.  However, it is no secret that 'elder cleansing' is a National cottage industry and thousands of senior citizens and disabled people are railroaded each year into un-necessary guardian-ships in which they are reduced to no class citizenship.    (See GAO reports to Congress). This is were the problem lies and that has to be addressed.

In the attached documents I discuss the problem as it relates to me.   I am a voyeur as I have no stake in the specific game, but, in the overall situation I have a huge stake.    I could wind up with Cynthia Farenga or Adam Stern in my future!   In fact any of us could.    

Thus, like it or not - we are all in the same boat.   When Alice Gore was rolled into a 'facility' to have her teeth mined for their gold, it was an offense against each of our rights!    When Mary Sykes' safety deposit box was drilled and the contents (of over a million dollars in gold coins) was looted each of us suffered a loss.   Indeed, when Ms. Wyman was sexually assaulted so was each of us!    18 USCA 4 required each of us to report these felonies to law enforcement!     

My participation in fighting against the War being waged on the elderly and disabled was involuntary.   Adam Stern and Peter Schmiedel recruited me when they threatened me with sanctions if I did my job as a lawyer. 
 
Jerome Larkin recruited me when he demanded that I repent for being outraged at seeing senior citizens robbed of their liberty, their property, their civil rights and their human rights.   My father and his brothers each enlisted in the United States Armed Services to fight when America was attacked in 1941.  When confronted with the cancer of 'elder cleansing' I also had no choice.   

An election is coming up - it is time to remove some of the political elite who foster (or cannot be bothered with fighting elder cleanings) from the offices that they temporarily enjoy and restore them to private employment. 
 
It is time to demand that law enforcement do HONEST intelligent complete and comprehensive investigations of each and every one of these cases.   If criminal activity or ultra vires activity is found the miscreants should be treated to the appropriate remediation.

~Ken Ditkowsky

 

Mug shot taken of former Judge Mark Belinky


YOUNGSTOWN, Ohio - He once presided over Mahoning County Probate Court.  But on Thursday, former Judge Mark Belinky found himself in the county jail posing for a mug shot.

Earlier that afternoon in Common Pleas Court, Belinky first pleaded not guilty, then changed his plea to guilty of a charge filed in connection with an investigation into his political campaigns.

Belinky appeared before a visiting judge to answer to a bill of information charging him with tampering with records.

A bill of information is usually filed when a defendant agrees to forego the grand jury indictment process.

In most cases, defendants plead guilty to a bill of information, but Belinky first entered a plea of not guilty.

But after some discussion in the courtroom, the former judge changed his plea to guilty.

According to the bill of information, Belinky failed to disclose 2008 campaign contributions, expenditures and loans in amounts ranging from $7,500 to $150,000.  The court document does not list a specific amount.

The crime is a fourth degree felony.

"As part of the plea agreement, the defendant did agree to and did resign from the probate court bench, did agree to and did surrender his license to practice law, and will no longer practice law again," said Atty. Dan Kasaris, Special Prosecutor.

Full Article & Source:
Mug shot taken of former Judge Mark Belinky

Harris County Launches Elder Abuse Prevention Billboard Campaign


(HOUSTON) — The Harris County District Attorney launched an elder abuse prevention billboard campaign Friday.

The new billboards read, “Too precious to neglect. Report elder abuse.”

District Attorney Devon Anderson says elder abuse is underreported and under-recognized. She says its not always physical abuse, noting all of the scams targeting the elderly.

“They may get a phone call from a young person purporting to be a grandchild, with a very staticky connection saying, ‘I am in jail, and I need you to send bond money to me right now.’”

Anderson says it’s important for citizens to pay attention to their neighbors.

“Many of these seniors suffer from disabilities and so they have caregivers that they depend on,” Anderson said. “Unfortunately, some of them have caregivers that abuse them them physically and financially.”

Harris County Sheriff Adrian Garcia says his deputies are ready to arrest anyone who abuses the elderly.

There will be six billboards that will be up for the next month in Harris County.

Full Article & Source:
Harris County Launches Elder Abuse Prevention Billboard Campaign