Tuesday, February 19, 2019

Hunt continues for disbarred attorney accused of murder

The multi-state manhunt for former Smyrna attorney Richard Merritt continues while family members are in hiding from the suspected killer.

Merritt pleaded guilty last month to theft, forgery and elder-exploitation charges, admitting to settling clients’ lawsuits without telling them and keeping their checks for himself.

Cobb Superior Court Judge Robert Flournoy III sentenced Merritt to 30 years with 15 to serve in prison and the rest on probation, and ordered to pay $454,706 in restitution.

Flournoy also gave Merritt two weeks to get his affairs in order before reporting to prison, but investigators believe he instead stabbed his mother to death, removed his tracking ankle monitor and fled in his mother’s car. 77-year-old Shirley Merritt was found dead in her Stone Mountain home Feb. 2.
Merritt’s ex-wife, Jenine Merritt, told FOX 5’s senior reporter Dale Russell she is staying in an undisclosed location while her ex-husband is on the loose.
“He’s a deceitful, immoral person, but I never thought he would kill someone,” she said. “The kids and I are scared, and now that we know what he’s capable of, we are afraid that he’s going to turn up.”
Jenine Merritt told Russell her now-ex had called her the night before he was to begin his prison sentence and told her he refused to let anybody else have her.
Jenine Merritt told the TV station her former husband has connections with the Florida panhandle, New Orleans and New York. She said he loves fishing and Irish pubs and that she doubts he’ll be able to keep in hiding for long.

“I think he’s such a narcissist and he has to have an audience. I don’t think he can keep to himself forever. I think he’s going to start going out in public and chit-chatting with people and getting cocky,” she said.

Richard Merritt was last seen driving a silver 2009 Lexus RX350 with Georgia tag CBV 6004. Authorities believe he may have shaved his head or otherwise changed his appearance.

Jenine Merritt said he can grow back his fine, sandy brown hair in a month or so, and grow a goatee in two weeks, though he can’t grow a beard.

The U.S. Marshals said Merritt should be considered armed and dangerous, and his brother Robert Merritt agrees.

Jean and Victor Nennig charged with financial exploitation

Victor Alfred Nennig, 49, Wadena, and Jean Laree Nennig, 62, Little Falls, are facing felony financial exploitation of a vulnerable adult charges in Morrison County District Court.

The charges stem from an incident in June 2018, when a relative of an individual at a nursing home in Little Falls became their emergency guardian and conservator because the individual was about to be evicted.

This triggered an investigation into the handling of the victim’s finances, which were allegedly handled by the Nennigs since 2017.

The two allegedly lived at the victim’s home rent free after he was placed in the nursing home in December 2017, and allowed others to stay there.

The victim’s name was not removed from the utilities for the home, the criminal complaint said.
The Nennigs also allegedly failed to sign the victim up for medical assistance to help maintain the victim’s care at the nursing home, the criminal complaint said.

Social Services allegedly found $30,000 in transactions from the victim’s account that did not benefit him.

These allegedly included the purchase of ATV parts, computer games and mobile phones, the criminal complaint said.

During an interview with police and Social Services, Victor and Jean allegedly admitted they had made numerous purchases with the victim’s money.

The two allegedly became agitated at the allegations and left the interview
If convicted, both Victor and Jean could face up to 10 years in prison and/or a $20,000 fine.

Full Article & Source: 
Jean and Victor Nennig charged with financial exploitation

Monday, February 18, 2019

Tonight on Marti Oakley's TS Radio: The Ultimate Scam - Systems Exploiting the Vulnerable for Profit










with Marcia Southwick

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

All around us, private industries, contracted by public agencies, are profiting off the poor, the elderly, the homeless, the mentally ill, prisoners, persons with disabilities, and children.

These people aren’t vulnerable in and of themselves—they simply need assistance– but they are the first in line in terms of being vulnerable to exploitation by public agencies and private companies. In truth, there are accepted institutionalized court practices and revenue maximizing schemes on every level that steal from those who need it most.

In this show, we’ll discuss how the very systems set up to aid those who need help the most have morphed into profiteering industries.

LISTEN to the show live or listen to the archive later

To ‘love, honor, and protect’: Man seeking answers in wife's nursing home death

On March 21, 1984, Robert Horozy took a vow.

The longtime bachelor, then 39, had reunited with Patricia Misenti, then 40, a fellow member of the Francis T. Maloney High School Class of 1962 in Meriden. Bob and Pat rekindled their attraction to one another, dated for two years, and decided to get married. It was on that first day of spring in 1984 that Bob pledged to “love, honor, and protect” his wife.

Eight years later, Bob would have to make another vow to his wife.

In 1992, after experiencing episodes of fatigue, imbalance, and inexplicably dropping things, Pat was diagnosed with multiple sclerosis. For the couple, who hadn’t planned on having kids but did plan on growing old together, it changed things dramatically. After receiving the diagnosis, they drove to Hammonasset Beach State Park, where they walked out onto the jetty and exchanged promises to one another.

Bob told Pat they were dealing with an “unknown,” but going forward Pat would “never face MS alone on any given day.” However, Pat also had to promise that she would tell Bob when she’d had enough, because it wouldn’t be fair to either of them for him to continue fighting for someone who no longer wanted to live. According to Bob, Pat saw it as an “even exchange.”

“That was the foundation — I wouldn’t let her face anything by herself in the future, but when it came time that she had had enough because we don’t know what we’re facing, she had to tell me, ‘This is it, Bob, I’ve had enough,’” he said.

By 1995, Pat’s illness started affecting her work as a senior pension specialist at Aetna, but she qualified for early retirement, which included a pension and health care benefits, and she took it. Bob was downsized from Aetna the following year.

Over the next decade, Bob cared for Pat in their townhouse-style condominium in Meriden, which had been outfitted with durable medical fixtures that included a special alternating air mattress to help with bedsores. Over time, Bob learned everything he could about Pat’s illness and increasing comorbidities, becoming well acquainted with the Merck Manual Home Health Handbook, and picking the brains of Pat’s caregivers.

In March 2006, Pat started having severe seizures, launching them on what Bob calls the “institutionalization voyage.” Though the goal was always to bring Pat back home, where Bob could care for her with the help of a home health care aide, her stints in acute care, acute rehabilitation, and skilled nursing facilities became more frequent.

In 2007, while Pat was recovering from a seizure at Yale-New Haven Hospital, a group of caregivers, struck by the couple’s devotion to one another, presented them with paperwork that would designate Bob as Pat’s power of attorney.

They were told it was the “gold standard” in health care protection, and, when it was explained to Pat that she would giving him the  right to make decisions in her stead, she said something to the effect of “Well, I signed the marriage certificate, so why not sign this?” Bob recalls.

The power of attorney became increasingly important as the years passed, and Pat’s medical troubles compounded to the point of leaving her bed-bound, quadriplegic, and fitted with a feeding tube. Though her speech was affected, making it harder for her to talk with people unfamiliar to her, she and Bob continued to communicate on levels spoken and unspoken.

Hawkish oversight

As Pat’s condition deteriorated, Bob’s hawkish oversight of Pat’s care grew. Having observed varying degrees of quality, attentiveness, and understanding of his wife’s medical history in certain caregivers, he started keeping a list of hospitals and nursing facilities that he wouldn’t permit Pat to be transported to, leading to long stand-offs with hospital administrators.

In August 2017, an administrator from the Hospital of Central Connecticut in New Britain petitioned the Berlin Probate Court to have a conservator of the person appointed for Pat, saying she had been eligible for discharge since April, but her discharge couldn’t be completed due to a “lack of cooperation” from Bob.

Though Judge Walter A. Clebowicz ruled that Bob was the most appropriate person to be Pat’s conservator and appointed him as such, he ordered Bob to cooperate with the hospital on a safe discharge, be it home, to a skilled nursing facility, or to a skilled nursing facility and then home.

Bob was unable to take Pat home because her alternating air mattress, which promoted blood flow to minimize the bedsores she was prone to, was broken. So the court eventually ordered Pat’s release to Fresh River Healthcare in East Windsor, one of the few skilled nursing facilities that offered to take her.

Bob protested Pat’s discharge to Fresh River on the grounds that the facility wasn’t equipped to accommodate her needs, but the judge overruled him and Pat was sent there in February 2018.

Through the spring and summer, Pat was between Fresh River and St. Francis Hospital and Medical Center in Hartford for treatment.

During this time, Bob didn’t visit Pat at Fresh River. They’d agreed he should focus on getting her out of there, and Bob also didn’t want to be pressured to sign Pat’s admission documents to Fresh River, which, according to him, contained a paragraph that would exculpate Fresh River from being sued if anything were to happen to Pat.

In July 2018, Pat was at St. Francis, and Bob was blocking her discharge back to Fresh River. Jurisdiction at this point had shifted to the Greater Windsor Probate Court, and on July 19, Judge Marianne Lassman Fisher suspended the power of attorney that gave Bob power over Pat’s health care decisions, appointing New Hartford lawyer David C. Shepard conservator of the person for Pat. Shepard allowed Pat’s release back to Fresh River.

On Nov. 12, Bob got a call from Shepard saying that Pat had been admitted to St. Francis for what they’d later find out were fractures in each of her thighbones. In a Nov. 16 email to Judge Lassman Fisher, Shepard described the injuries as “unexplained” bilateral femur fractures that were causing “significant bleeding into her pelvis, dropping blood pressure, infection, and significant pain.”

Alhough Pat had osteoporosis, Bob was baffled as to how she could break both thighbones. When he saw her in the hospital, he asked her if she knew why she was there. She said she didn’t know. He told her about her legs, and she was beside herself. Then he asked her about the level of care she was receiving at Fresh River.

“All she kept saying was, ‘They don’t listen to me, and they’re too rough with me,’” he said.

Judge allowed code status change

Though her condition was serious, Bob believed Pat would bounce back, as she always had. But the doctors believed she was at the end of her life.

In court documents, Shepard reported that the complexity of Pat’s medical problems prohibited surgery to mend the fractures, and that doctors were recommending only pain relief and comfort care be administered.

However Pat was listed as “full code status,” which meant she wanted all life-saving measures to be applied, and Shepard’s limited conservatorship didn’t give him the authority to change it.

In his Nov. 16 email to Lassman Fisher, Shepard requested an emergency hearing to consider the request, as well as to consider whether decision-making authority should be returned to Bob.

The emergency hearing was held in the St. Francis intensive care unit on Nov. 17, and Lassman Fisher ruled that Shepard could change Pat’s code status from full code to comfort measures only.

Once the judge issued the decree, Bob was crushed.

“I knew it was a death sentence,” he said.

Bob said Pat understood what the full code was, and that’s what she wanted. Over the years, they had established code words and phrases to help him determine whether she’d had enough, and there was one that she had yet to say.

“If she told me she couldn’t pull another rabbit out of the hat, I’d know that was enough,” he said, “and she never said that.”

Seven days after the emergency hearing, Pat died at 74. Her official cause of death is listed as hypertension and hypoglycemia.

David Skoczulek, a spokesman for the Manchester-based iCare Health Network, which owns and operates Fresh River, said the company is bound by privacy laws from commenting on the care of specific residents. He also said he couldn’t confirm that Pat was even a resident of Fresh River.

Skoczulek went on to say that it is Fresh River’s policy to “immediately and thoroughly” investigate any reports or findings related to an accident or injury suffered by a resident in its care, including findings related to “underlying and pre-existing conditions.”

“We do so whether an injury is reported by a resident, staff member, family member, or guest, or if a finding is discovered during care that merits further investigation,” he said.

Skoczulek added that Fresh River “stands by the quality of care it delivers,” and, like other nursing homes in the state, is subject to regular survey and inspection by the state Department of Public Health.

DPH wouldn’t answer specific questions about Pat Horozy. The Journal Inquirer also submitted a freedom-of-information request seeking access to documents related to any DPH investigation into injuries or suspicious deaths of patients at Fresh River in the pertinent time period.

An official with the department’s Facility and Licensing Investigations section responded to the request saying there was one such case, but it was still under investigation and therefore no information would be released.

The only call the East Windsor Police Department received from Fresh River during the time in which Pat’s legs would have been broken and she would have been hospitalized was a medical aid call on Nov. 11 requesting assistance with an “unruly patient.” The call log says that one person was transported to the hospital, though it is unclear whether it was Pat.

Since Pat’s death, Bob, now 74, has hired Cheshire lawyer Robert Santoro to help investigate “any possible claims.” They declined to speculate what they think may or may not have happened to Pat, acknowledging that they have yet to see any record of how she suffered her injuries. Bob said Fresh River had sent him a registered letter, but he declined to sign for it.

In the meantime, Bob visits Pat every day at Sacred Heart Cemetery in Meriden, except when the weather makes driving hazardous. He still refers to her in the present tense, not only for the recency of her death but also because he remains driven by the same vow he took almost 35 years ago.

“My holy mission is to bring dignity and justice to my wife,” he said.

Full Article & Source:
To ‘love, honor, and protect’: Man seeking answers in wife's nursing home death

Legal woes adding up for suspended Chesco lawyer

Joshua Adam Janis
WEST CHESTER — As of noon Friday, a total of 30 individuals had been publicly identified by authorities as alleged victims of suspended Chester County attorney Joshua Adam Janis. By 1:30 p.m., the number had grown to 31.

This time, the target of his alleged theft was his former mother-in-law, an East Goshen woman from whom he is now accused of stealing about $5,000 by falsely applying for a line of credit using her personal identification and that of a business she co-owned with her daughter, who herself has been identified as one of Janis’s victims.

Chester County Detectives Gerald Davis Jr. and Sgt. Robert Dougherty filed a criminal complaint containing the new allegations following a preliminary hearing before District Judge Bret Binder on charges that Janis — whose license to practice law was suspended by the Pennsylvania Disciplinary Board in December 2015 — had improperly taken money from three women who had hired him to represent them in family law matters in 2014 and 2015.

It was the fifth such arrest for Janis, 38, who now lives with his family in New Jersey, since July 2018. Clients Janis allegedly bilked are from Chester, Montgomery and Berks counties.

The hearing before Binder lasted more than 2½ hours before the two sides concluded their presentations, but without a resolution. Binder took the unusual step of saying that he would wait two weeks before announcing whether he would hold Janis on all, some, or none of the theft charges against him.

The judge explained that the issues involved in the case were complex enough that he wanted the additional time to study the law involved and mull over the facts presented by the prosecution and the arguments made by Janis’ defense attorney.

In general, Chief Deputy District Attorney Ronald Yen, who is heading the prosecution against Janis on all the myriad charges against him, said that Janis had illegally taken money paid to him by the three women by not depositing it in a so-called “lawyers trust account,” as is described by the state’s Rules of Professional Conduct.

Funds deposited in such accounts are meant to be withdrawn as an attorney completes work on a client’s case, with proper billing identifying the withdrawals sent to the client. In the cases of the three women, Yen argued, he had instead put the fees in his own bank account and used them as his own.

“Mr. Janis put moneys he was required to hold in trust into his own account and he spent it,” Yen said in a closing argument Friday in Binder’s courtroom at the Chester County Justice Center. “He took those funds and used them as his own when he knew he could not. It is not his money. It is the client’s money.”

But attorney Dan McGarrigle of Media, representing Janis, argued strongly that the prosecution was attempting to transform what should be either a civil suit or a disciplinary matter into a criminal case.

“They haven’t proven anything,” McGarrigle said of the prosecution’s case. “We are not in a disciplinary hearing. There has to be an intent to do something criminal, and it was his money to do whatever he wanted to do.” he argued that the women had been told what Janis intended to do for them, and at least one seemed satisfied enough that she considered hiring him for new work on her behalf.

The three women involved — Bonnie Hains, Katherine Bailey, and Judith Borland — all testified at the hearing about their interactions with Janis, which took place in 2014 and 2015, before his license was suspended by the state. The suspension came after multiple clients told investigators for the Disciplinary Board that Janis had taken money for their cases and then did little or no work for them, and attempted to skirt their attempts to get refunds.

Hains said that she had paid Janis $2,500 in March 2014 for a custody case involving her daughter, Jami Hains. She said that Janis had initially told her that the “retainer” would be put into a secure account that he would withdrawl from as her worked, but that he later sent her daughter a written fee agreement that specified that the $2,500 was a one-time payment to his office that would be deposited into his operating account rather than a trust account.

Eventually, when Hains checked court dockets in Chester and Montgomery counties, she learned that Janis had never filed anything in her daughter’s behalf, according to a criminal complaint filed in January.

Likewise, Bailey testified that she had paid Janis $2,500 in January 2015 to represent her in a child custody matter. She said he seemed to do little to present her case at a mediation hearing held in the Justice Center in March 2015, and afterwards told her. “He was going to take care of everything.”

But she said she later learned he had never spoken with the attorney for the child’s father, and never sent her an itemized bill for his services. There was a complete lack of communication, and she never received a refund for her payment    after he was suspended.

Finally, Borland said she paid Janis $3,000 to handle her divorce in July 2015, at a time when he was being investigated by the Disciplinary Board. He told her nothing of the investigation, and gave her no written fee agreement. He filed a divorce complaint in her behalf, she said in her testimony, but “not a lot happened after that.”

Eventually, when she saw an article in the Daily Local News about his suspension, she contacted him and received $920 back from him, although he never explained what he had done to earn the $2,080.

McGarrigle objected frequently to much of the women’s testimony, and argued that the alleged thefts might be attributed to sloppy bookkeeping, but lacked any showing of criminal intent. The charges that Janis faces include theft by failure to make required disposition of funds, theft by deception, and receiving stolen property. 

According to a press release from the District Attorney’s Office announcing the latest arrest, the total sum of alleged thefts from former clients is now in excess of $100,000, in addition to the thefts from his mother-in-law.

Said District Attorney Tom Hogan: "The defendant’s pattern of conduct is reprehensible.  He regarded everybody he met as a potential victim - - his clients, his wife, even his mother-in-law.”

The allegations from the criminal complaint are as follows:

 After Janis was arrested for the first time in July and charged with stealing money from the West Chester law firm he worked at from 2006 to 2013, his wife, Jennifer Hulnick, left him and divorced him.  During the subsequent time period, she discovered that he had opened multiple credit card accounts in her name without her permission and incurred substantial debts in her name.

In August, Hulnick went to the mailbox that she and Janis had shared at their former home in East Caln and found a bank statement from JP Morgan Chase identifying $3,931 in an outstanding balance. The account was in the name of Ellen Hulnick, her mother, and the company they ran together.

In their investigation, Davis and Dougherty discovered that the defendant had set up a Chase account in Ellen Hulnick’s name, but with his own contact information and phone number, preventing his mother-in-law from knowing about the account.  He used his mother-in-law’s name, Social Security number, and date of birth to open the account, and incurred $5,000 in unpaid debt on this account, less fees and costs.

Hulnick told the detectives that she had earlier caught Janis trying to open an account in her name in March 2016, just after she and her daughter started their business. When she confronted him, he told her he was “just trying something” and “messing around” without any further explanation, according to the criminal complaint. She told him he did not have any permission to open any account in her name. The new account was opened by Janis that same month, according to the investigators. 

Janis is charged with identity theft, forgery, theft by deception, and receiving stolen property. After arraigning him, Binder set bail at $10,000 unsecured. The three cases that have been held for Common Pleas Court have been assigned to Judge Patrick Carmody.

Anyone with additional information is asked to contact Dougherty at 610-344-6866.

Full Article & Source: 
Legal woes adding up for suspended Chesco lawyer

Accessibility isn’t charity — it’s a lifesaving responsibility | Opinion

ALEJANDRO A. ALVAREZ / Staff Photographer
A mother carrying her child should not meet her death because of a subway staircase. But on Jan. 28, Malaysia Goodson, struggling to carry her baby’s stroller into the New York City subway, fell and lost her life. The city’s medical examiner still hasn’t determined the cause of her death. Regardless, her death has shaken people across the country who question how it could have happened.

One group who has not expressed surprise has been the disabled community. Because, while Goodson’s death was entirely preventable, we are familiar with the reality of inaccessibility in transport and in society as a whole.

As a disabled person who uses SEPTA to get to work, I regularly confront inaccessibility. Each morning, I wonder how my day might be derailed by the dangers of a world that isn’t designed for me. Winter is especially rough. There’s ice and condensation everywhere, and, because a majority of nondisabled people do not use accessible infrastructure, those ramps and entrances are often neglected and remain dangerous for people like me. Getting to the train I take to work is only half the battle (I actually take a train that is nearly five miles away because the one half a mile from me is inaccessible).

Trains along the regional rail lack consistency in accessible seating. Elevators break or are shut down for maintenance. Buses are at the mercy of other drivers blocking their ability to kneel at the curb for wheelchair users, and not every station or stop is accessible. Para transit isn’t any better. Transport services designed specifically for disabled passengers are overloaded and can run slowly, leading disabled people to miss important appointments and meetings.

These problems are systemic. But the way we think about accessibility needs to change as well. Accessibility isn’t charity, it is the law, outlined in the American Disabilities Act (ADA) signed in 1990. Not following it costs lives. But we, as a nation, have spent so much time debating semantics and marginalizing disabled people’s needs as “special” that many nondisabled folk do not realize they have many of the same needs. The ADA is meant to ensure that disabled people have a right to a safe and accommodating environment — an environment that benefits everyone. In fact, the modern disability rights movement began over protests highlighting broad transit inaccessibility.

Change is still needed. We can find it in universal design as the future of infrastructure. The core tenet of universal design is thinking about everyone’s needs from the start — not as an add-on later. A comic illustrates the point best: It shows a crowd waiting for a man to clear snow from the stairs to a building. A disabled person in a wheelchair is told they have to wait until the stairs are cleared before the man gets to the ramp, because more people want the stairs. The person responds that if the man clears the ramp first, everyone can get into the building.

Many people see accessible infrastructure as “not for them” — or worse, beneath them. But everyone can use ramps, elevators, grab bars, and nonslip surfaces. Malaysia Goodson’s life would not have been under threat had there been an elevator to use in that station. With an aging population and rates of disability on the rise, these are urgent needs. More of our citizens will depend on these accommodations

Such an accommodating future is still far off, though, as many structures are legally exempt from the ADA or can be made so. Churches and religious facilities are exempt. And a 2010 update to the law said that some proprietors would not have to make accessibility changes if they could prove it would be cost prohibitive or logistically impossible to do so.

To make progress, conversations about infrastructure need to center disabled people’s voices, and those outside the community must listen. This will likely take a long time. To SEPTA’s credit, more than a third of its regional rail stations are accessible and only around 35 percent of its Market-Frankford and Broad Street lines are not. They train staff and potential riders on accessibility and offer call lines to report elevator outages and learn more about accessibility options.

But more could be done. Clear bus lanes and stops need to be enforced, as does the rule requiring nondisabled riders to move from accessible spots for wheelchair users. And we need widespread education on why accessibility means safety for everyone.

Imani Barbarin is the communications director for Disability Rights Pennsylvania. In her free time, she writes the blog CrutchesAndSpice.com on the many intersections of disability rights and representation.

Full Article & Source:
Accessibility isn’t charity — it’s a lifesaving responsibility | Opinion

Sunday, February 17, 2019

When a Vegetative-State Patient Returns to Tell the Tale

One patient's recovery from a vegetative state sheds new light on consciousness.


On July 19, 2013, John spent the evening with friends, returning home around midnight. He made himself a snack, said goodnight to his parents, and turned in. Everything seemed normal. But at 6:30 a.m. the following morning, things were far from normal. Margaret awoke to the sound of her 19-year-old son choking to death in his bedroom, just a few yards away. She rushed into his room and found him unresponsive, lying face down in his own vomit.

John was rushed to his local emergency room. A CT scan showed extensive damage to the white matter in his brain, including the frontal and parietal lobes, regions critical for working memory, attention and other high-level cognitive functions. This kind of brain damage, widespread and diffuse with no clear borders between healthy and damaged tissue, is common when the brain has been starved of oxygen. When the oxygen dries up, the brain starts shutting down little by little, piece by piece, until there isn’t even enough functional tissue left to keep our most primitive bodily functions, like breathing, going. John wasn’t quite there, but he was close. On admission, he had a Glasgow Coma Score of three out of a possible fifteen. You can’t score lower than a three, not without being dead.

Several months later, John was declared to be in a vegetative state. Vegetative state patients open their eyes, grunt and groan, and occasionally utter isolated words, although they remain unresponsive to any form of external stimulation. Like zombies, they appear to live entirely in their own world, devoid of thoughts or feelings. The condition differs from a coma; comatose patients are also unresponsive, but their eyes remain closed and they do not exhibit any sleeping and waking cycles.

Arriving in hospital after a serious brain injury there will be some period, usually days or a few weeks, when the prognosis – the likelihood of making a reasonable recovery – is completely uncertain. Yet paradoxically, as time passes, the possibility of recovery diminishes rapidly. With a brain injury like John’s, the chances of recovering after three months are very low and patients are usually reclassified as "permanently vegetative." We tested John using every tool we had at our disposal, looking for some sign of inner life, but we found nothing. A state-of-the-art fMRI scan revealed a moribund, unresponsive brain. High-density electroencephalography (EEG) also yielded null results. Everything we tried failed to kick start John’s severely damaged brain.

Seven months later, we called Margaret to see whether John’s condition had changed. “Why don’t you ask him?” Margaret said. Against all the odds, John was now talking, brushing his teeth, eating, and walking. When I heard the news, I couldn’t believe it. I checked his medical records. The circumstances of his case were clearly described by several neurologists who had examined him over the course of his illness. Everyone agreed that John had sustained very severe brain damage that had left him in a vegetative state. And the CT scan revealed just how extensive that damage had been. Yet, now he had recovered. And we had no idea how.

I arranged to examine John again to see if he remembered anything of his time in a vegetative state. As he sat opposite me in his wheelchair, he remained quiet and detached. Perhaps it was all part of his recovery. Perhaps only some parts of John had come back – maybe, some part of his personality had been left behind. “Do you remember anything of your previous visit to my lab?” I asked him. “I remember Steve, your student. He put electrodes on my head and he had a deep voice." Steve does have a deep voice and “he put electrodes on my head” is as good a lay description of EEG as I have ever heard. But that was only the beginning. John went on to tell us everything about that first visit, down to the tiniest detail. His account was extraordinary. Despite appearing to be completely vegetative for many months, John had been entirely aware all the time, silently watching, listening, and waiting.

A little over a year later, I drove to John’s home to see how he was doing. As the front door opened, my astonishment – and curiosity – deepened. I was immediately struck by John’s personality, which now broke through in a way that had been entirely absent when I’d seen him a year earlier. I started to wonder whether he had returned from the abyss in parts, bit by bit. The last time I’d seen John, some parts of him were definitely there—his body, his memory, his physical being. But some parts were definitely missing, and it was only clear now, a year later, what they were. Now John the person had returned; John the personality. The essence of John was finally back, perhaps not completely, but enough to know that he was going to make it eventually. All of him.

John is not the first person to have made a seemingly miraculous recovery from a coma or vegetative state. Jan Grzebski, a 65-five-year-old Polish Railway worker, woke up in 2007 after 19 years in a coma, which he had entered as the result of a brain tumor. Grzebski credited his wife Gertruda with his awakening. She would not give up on him, although doctors said he would never recover and gave him only two or three years to live. She moved him every hour for 19 years to keep him from getting bedsores.

Could anyone achieve the same miraculous result with enough willpower, love, and family support? I don’t think so. Every brain is different and every brain injury is different. We have learned a tremendous amount about the brain over the past 20 years, and about the tenuous, fragile nature of consciousness, yet we still know so little about how and why some people recover from brain injury and some don’t.

What we do know is that any sort of brain injury will likely have long-lasting pervasive effects. It’s not the same for any other organ of the body. We can replace kidneys, lungs, hearts, and livers and essentially we are still ourselves—a little wobbly for a while perhaps, but the same person. Many of us manage to return to live full and complete lives—perhaps the same lives we would have lived had we not fallen ill, notwithstanding the emotional scars we inevitably carry when our lives have been threatened.

But serious brain injury is fundamentally different. It changes us, it alters our ability to move, react, interact, and respond. And recovery is far harder, if it occurs at all. Of course, we can’t transplant brains (at least not yet) but even if we could it wouldn’t help us to recover in the way that transplanting a heart or a kidney helps us to recover. Because after a brain transplant, “we” would not recover; “we” would be someone else. We might look the same, but with someone else’s brain in our heads we would be an entirely different person. Conversely, transplant your brain into another body and you would still be you—not that other person. Of course, you’d look different. It’s tantalizing to think that you might even feel different in ways both subtle and apparent. But you would be essentially the same person living in another body. The same thoughts, the same memories, the same personality. Your sense of being, the cascade of thoughts, feelings, and emotions that comprise our conscious experience of the world would be largely identical. Like a perfect disguise, the appearance is different, but underneath the person is unchanged.

There’s no escaping it: We are our brains.

Full Article & Source:
When a Vegetative-State Patient Returns to Tell the Tale

Spring Valley Mayor Alan Simon disbarred for bad behavior as a judge

SPRING VALLEY - Mayor Alan Simon has been disbarred as an attorney after 50 years for the ranting, threatening behavior that got him stripped of his robes as a judge.

A state Supreme Court Appellate Division released its decision on Wednesday disbarring Simon immediately. Simon had been admitted as an attorney on Dec. 18, 1968, according to the decision.

The court's decision stated: "Ordered that the respondent, Alan Michael Simon, is disbarred, effective immediately, and his name is stricken from the roll of attorneys and counselors-at-law."

Simon didn't return a request for comment on Wednesday. The disbarment doesn't affect the 75-year-old Simon's job as mayor

Until being booted from the bench, Simon had served as a Spring Valley judge since 2005 and Ramapo Justice Court since 2011. He was appointed acting Hillburn village justice in 2016.

His indiscretions occurred in Spring Valley, a government known for its dysfunction during the past decade.

The disbarment decision cited the findings of the New York State Commission on Judicial Conduct and a state Court of Appeals upholding the commission's recommendation removing Simon as a judge in Spring Valley and Ramapo in 2016.

The courts upheld professional misconduct charges claiming Simon’s "actions reflect a pattern of calculated misconduct that mitigates against [his] assertion that the misbehavior complained of will not be repeated if he is allowed to remain on the bench."

Based on charges filed against Simon, the Judicial Commission had recommended Simon be removed from the bench.

The commission found the facts showed Simon guilty of ranting in court, and bullying, harassing and threatening his staff, fellow judges and village officials with arrest or contempt of court. The commission also found Simon gave false testimony at his hearing.

Simon repeatedly threatened to hold various employees and officials in contempt, the courts said, and "willfully interjected himself into the political process involving the election of an office other than his own."

The Court of Appeals upheld the judicial removal.

The state's highest court found Simon, "among other things ... used a sanction — a tool meant to shield from frivolous conduct — as a sword to punish a legal services organization for a perceived slight in an inexcusable and patently improper way."

While Simon in his appeal acknowledged being rude and abrasive at times, his lawyers argued the penalty of removal from the bench was too harsh and a sanction was more appropriate.

Simon's lawyers —  Joseph Maria of White Plains and Lawrence Mandelker of Manhattan — had maintained he would tame his behavior if reinstated to the bench.

His lawyers called Simon's behavior "a misguided attempt to either improve the physical conditions of the court, improve the performance of court personnel or improve the integrity and independence of the court from a corrupt mayor," a reference to then-Spring Valley Mayor Noramie Jasmin, who later went to prison on federal charges.

Simon won election as Spring Valley mayor in November 2017 after winning a September Democratic Party primary in the village where Democrats hold a heavy majority among registered voters.

He also has lost his temper as mayor, firing employees and, at one time, cursing at a trustee and employee.

Simon has had a long career in government, serving as a Bronx prosecutor and public defender in Rockland County before working for more than a decade as Ramapo's town attorney.


He also served a controversial stint as the town building and zoning administrator, leaving under a cloud of allegations that he overstepped his authority by signing and overriding engineering reports.

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Spring Valley Mayor Alan Simon disbarred for bad behavior as a judge

Wisconsin nursing homes face funding shortfalls, few workers

MADISON, Wis. — Advocates say Wisconsin’s nearly 400 nursing facilities are in crisis due to a shortage of workers and the state’s low Medicaid reimbursement rate.

Health groups Wisconsin Health Care Association and LeadingAge Wisconsin have requested that lawmakers allocate about $83 million in the next two-year budget to help the state’s nursing facilities cover costs and avoid closure.

The association’s CEO, John Vander Meer, tells Wisconsin Public Radio that 27 skilled nursing facilities have closed since 2016. He says eight facilities have announced closures this year alone.

A report last year also identified about 16,500 vacancies at nursing facilities across Wisconsin.

Vander Meer says state data show Wisconsin’s skilled nursing facilities lose over $70 a day for every Medicaid patient they serve.

He says the challenges won’t be addressed in one budget.

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Wisconsin nursing homes face funding shortfalls, few workers