Sunday, October 11, 2020

Not even a global pandemic could stop this 102-year-old from voting in this election

By Scottie Andrew

Bea Lumpkin, 102, cast her vote in the 2020 election by mail, decked out in personal protective equipment. She told CNN this election is one of the most critical of her lifetime.

(CNN)Bea Lumpkin is 102 years old and has never missed an election as long as she's been eligible to vote.

Not even a global pandemic could stop her from voting in this one
 
Lumpkin, a former Chicago public school teacher, dressed in personal protective equipment from head to toe to drop off her ballot for the 2020 presidential election at the mailbox last week. The Chicago Teachers Union, of which she was a member, shared the image
 
At her age, Bea's at high risk for becoming severely ill if she contracted coronavirus. But she would never have missed her chance to vote. She urges every registered voter in the US to exercise their right, too. 
 
"The most important reason to vote in this election is that there's so much at stake, more than any other vote I've cast, because of the great challenge to the survival of our democracy," Lumpkin told CNN.
 
If she could vote this year, so can anyone who's registered, she said. And the retired educator knows better than most the value of voting. Here's why Bea Lumpkin, proud voter and centenarian, says it's so critical to vote in 2020. 
 

There's a lot on the line

 
Many of the issues Bea cares about are especially relevant in 2020: health care, racism and climate change among them. She believes in health care for every American; she wants to see reforms in law enforcement to end brutality and racism in policing; and she warns of the destruction wrought by climate change, such as the wildfires that burned down her son's California home. 
 
She's also very over living through the pandemic, and she disagrees with the ways in which science has been undermined by the President and other federal officials charged with leading the pandemic response. She once taught biology, she said, and she's a "great respecter" of the advances scientists have made since her birth. 
 
"I'm sick and tired of this pandemic, and we'll never get rid of it unless we follow the experience of so many other countries, of the advice of science," she said. 
 
She misses her daily trips to her local YMCA, where she'd work out everyday before the pandemic. She misses hugging her grandkids and seeing her friends and getting out of the house every once and awhile. 
 
Her hairdo has also suffered as a result of the pandemic, she says. 
 
"I wear my hair short, and it's so long now -- it's going down my back!" she joked. 
 
2020 is also, she points out, the 100th anniversary of the 19th Amendment, which granted women (mostly White women, at the time) the right to vote. A lifelong feminist, Bea encourages women to vote not only to mark that anniversary but to protect their rights.
 
"Women still have so many additional reasons to vote because in this election, all rights that women have won in the hundred-odd years I've been on earth -- they're all on the line," she said. "But then, this fight for our rights is much older than we are -- it's even older than I am." 
 

Voting by mail was simple, she says

 
In a typical election year, Bea would vote early, usually at the YMCA where she worked out daily pre-pandemic. But this year, it was safest for her to vote by mail, she said. 
 
Her ballot was received within 48 hours of submission, a process she tracked online, she said. It was a quick and simple way to vote, and she's wearing a big "I Voted" button this week to celebrate. 
 
She knows many voters are anxious about mail-in voting due to the misinformation that surrounds it, so she encourages voting early to avoid crowds on Election Day. She's seen lines for early voting in Chicago stretch around an entire city block -- and she's "very proud of everyone coming out," she says. 
 

2020 might be the most important election of her lifetime

 
Lumpkin has lived -- and voted -- through some of the most pivotal periods in American history: the Great Depression and World War II, the civil rights movement and the end of segregation, the Vietnam War, the Cold War, threats of terrorism and financial crises to the present, with questions now on how the US will emerge from the pandemic. 
 
It's essential to vote this year to determine what that future will look like, she says.
 
Lumpkin, a staunch supporter of labor unions, makes a point about wealth inequality in the US as one reason to vote -- "You're not getting the value of the work you do. So unless you own everything, it's to your interest to have more equality."
 
And in spite of all the pain of this year, she's hopeful for the future. 
 
"There's a possibility of correcting so many of the wrongs if we have an overwhelming vote for our democratic rights," she said. "We don't want to just restore what we had before. And people who aren't interested in voting usually think it's not going to make a difference. And this time it can make such a big difference, not only in preventing the loss of the freedoms that we do have ... but we can gain so much. There's so much good in people that could come out if it had the chance." 
 
As for the result of the 2020 election, she's both "scared to death" and "excited about the possibility of creating a much better country." 
 
"I want to see everybody who's coming out to vote to stay involved in the process -- that's the way we can make huge advances for working people," she said. 
 
She's especially proud of American youth, whom she believes will fight for a fair future. 
 
"I have great confidence in young people, and I know they're going to do what needs to be done," she said. "So hooray for the youth!" 
 
She's got decades on this election's first-time voters, but at 102, Bea's done her fair share for democracy, too.
 
Full Article & Source:

Duty of care: the trouble with America’s nursing homes

We will sacrifice so much to save lives. So why are we indifferent to the quality of those lives?

 
by Ben Sixsmith

A couple reunite at the Life Care Center in Kirkland, Washington (Getty)

We can debate the value of sacrificing normal life to COVID-19. Personally I think the measures are increasingly destructive — but nobody can deny their scale. Social and economic activity has been tightly limited. Jobs have been lost. Businesses have collapsed, and boredom and anger set in.

Yet Western politicians have done a bad job of protecting the most vulnerable. In Europe and the US, COVID has torn through nursing homes. Sometimes, as in New York under Gov. Andrew Cuomo, infected elderly patients were knowingly returned to them.

The failure to anticipate this crisis — by politicians, public health authorities and, yes, the media — reflects a broader indifference towards the state of nursing homes. ‘I get a steady trickle of psychiatric patients who are perfectly happy to be in the psychiatric hospital,’ the psychiatrist Scott Alexander writes, ‘but who freak out when I tell them that they seem all better now and it’s time to send them back to their nursing home, saying it’s terrible and they’re abused and neglected and they refuse to go.’

There is data to back up this anecdote. In 2014, an OIG report suggested that at least one allegation of abuse or neglect had been made in 85 percent of nursing homes. Of course an allegation can be unsubstantiated, but there are grounds to believe that elderly people are often too slow rather than too quick to report mistreatment. As Professor Catherine Hawes has written, ‘many are either unable to report abuse or neglect or fearful that such reporting may lead to retaliation or otherwise negatively affect their lives’.

Abuse perpetrated by staff includes physical violence, financial exploitation and rape. A CNN investigation found that the federal government has cited over 1,000 nursing homes for ‘mishandling or failing to prevent alleged cases of rape, sexual assault and sexual abuse at their facilities during this period’.

Abuse can also be perpetrated by other residents. Sometimes this is unavoidable; other times it is the result of clear negligence. This year, a video went viral of a young man beating his bedridden 75-year-old roommate in a care home. The old man suffered four broken fingers, broken ribs and a broken jaw. Why was an unstable young man sharing a room with a septuagenarian in the first place? It defies belief.

Of course, nursing homes can be inadequate without there being actual abuse. Local reporters in Colorado investigated nursing homes where patients had been dying from COVID-19 and found that two had been previously cited for ‘dirty facilities’ and ‘improper hand-washing while providing wound care’. Loneliness is also acute in long-term care institutions, where 22 to 42 percent of residents report feelings of loneliness compared to 10 percent of the community population.

None of this means there are not admirable nursing homes, and good men and women working with harder jobs than most of us will ever have. But that does not excuse dysfunction and abuse. We could easily blame some of these failures on owners trying to minimize expenditure to maximize profits, and on weak and inefficient governmental regulations. That would not be unfair, but it would be too easy. There has been no urgency behind calls for reform. As Scott Alexander wrote, ‘Bedridden old people are very bad at complaining in ways anyone else can notice, and if we don’t want to think about them we don’t have to.’ You won’t see them on the streets, or on the TV, or even on social media. You don’t have to think about them.’

If we are prepared to sacrifice so much in order to save lives, why are we so indifferent to the quality of lives? Our year has been spent agonizing over case rates, hospitalizations and deaths — but rarely do think about the wellbeing of the people most at risk. This seems peculiar. Protecting life is valuable, of course, but protecting lives without expending time, energy and resources to ensure they are free of abuse, neglect and isolation is absurd. Perhaps we have been too absorbed with COVID in the abstract and not interested enough in the communities it threatens. Certainly, that would explain why Andrew Cuomo is treated as one of 2020’s success stories rather than a failure.

This has to change. In March, Bill Barr announced that the Department of Justice had found ‘facilities unfit for living, plagued by filth, mold, insects, and rodents,’ and pledged to ‘pursue nursing homes that provide grossly-substandard care to their residents.’ This would be a very positive step, though it will demand the Trump administration reversing its rolling back of regulations intended to prevent mistreatment, such as, for example, the ability to fine homes which unnecessarily prescribe antipsychotic drugs. Greater investment in social interventions could ease loneliness and, perhaps, make it easier for residents to report their problems.

Overall, far greater investment will be needed in residential care over the coming decades. Perhaps the answer is to appeal to selfishness and rather than just compassion. According to the National Research Council, the ‘occurrence and severity of elder mistreatment are likely to increase markedly over the coming decades, as the population ages, caregiving responsibilities and relationships change, and increasing numbers of older persons require long-term care’ All of us will be ‘older persons’ one day.

Full Article & Source:

Disbarred Flushing Attorney Charged for Allegedly Stealing Client’s Personal Injury Settlement


By Christian Murray

A disbarred Flushing attorney who allegedly stole $66,000 from a client who had won a personal injury settlement has been charged with grand larceny, forgery and other financial crimes.

Yohan Choi, 44, who had a legal practice on Northern Boulevard, was charged for bilking his client out of the settlement proceeds from a case involving a 2016 car crash.

“The defendant was entrusted to uphold the law,” said Queens District Attorney Melinda Katz. “Instead he allegedly lied, manipulated and then enriched himself with funds intended for his client. This defendant is accused of violating his fiduciary duties to feed his own greed.”

According to the charges, the insurance company awarded the victim $93,000 in November 2017, shortly after Choi had been disbarred for reasons not dealing with the case.

Choi allegedly convinced his client at the time that he could negotiate a larger settlement and deposited the $93,000 into his law firm account after forging his client’s signature on the check.

The defendant then told the victim in December 2019 that the case had finally been settled. Choi then wrote the victim out a fraudulent check for $100,000, which had a stop payment order placed on.

The victim then confronted Choi, who allegedly said the insurance company put the hold on the check. He wrote him out a second check that also could not be cashed.

The District Attorney’s office said that the victim then learned that Choi had been disbarred and confronted him yet again. In March, the defendant finally paid.

Choi was charged with grand larceny in the fourth degree, forgery in the third degree, criminal possession of a forged instrument in the third degree and for practicing law after being disbarred.

He faces up to 4 years in prison if convicted.

 
Full Article & Source:

Saturday, October 10, 2020

Guardian for vulnerable adults gets a year for stealing $250k from clients

by Andrew Binion

A guardian for disabled and elderly people, appointed by Kitsap and Suquamish tribal courts, was sentenced Thursday to a year-and-a-day in prison for scamming more than $250,000 from his clients, including almost $50,000 from a tribal elder.

An attorney for Wayne Jerome Houston, 61, of Port Ludlow, wrote in court documents that Houston started the thefts by skimming from accounts while telling himself he was working hard for his clients.

“Mr. Houston offers no excuses,” his public defender wrote in documents filed with U.S. District Court, adding that he had already paid back $54,000. “He knows what he did was wrong.” 

Houston had lived on Bainbridge Island, coached youth sports there and had worked as a pilot for DHL before operating Cross Point Services LLC and moving to Jefferson County.


Houston managed the finances of about 15 to 20 people per month, all of whom were disabled or elderly adults, incapacitated and unable to handle their finances without help, according to federal prosecutors. 

Beginning in 2010, according to the U.S. Attorney’s Office, Houston started stealing from wealthier clients so that the theft was less likely to be noticed, with sums ranging from $200 to $66,500.

In addition to the year in prison for pleading guilty to a count of “Social Security fraud - representative payee fraud,” U.S. District Court Judge Robert J. Bryan ordered Houston to pay back $256,336.23 taken from 22 people listed by initials in court documents.

“But for his detection by Adult Protective Services and termination from his guardianships, there is no telling how long this pattern may have continued, or how many more may have been victimized,” prosecutors wrote in court documents.

Prosecutors added: “There is simply no explanation for Houston’s repeated decision to steal from his clients hundreds of times over the course of almost a decade, other than a desire to, as he put it, ‘live above his means.’”

Full Article & Source:

Greeley nursing home residents protest pandemic lockdown: “I’d rather die of COVID than loneliness”

By Sherrie Peif

GREELEY — Waving signs that read such things as “I’d rather die of COVID than loneliness,” and “We are prisoners in our home,” residents of one nursing facility staged their own anti-lockdown protest along one of the busiest streets in Greeley, directly across the street from the city’s largest and longest operating hospital.

“Freedom, freedom, freedom,” one lady chanted while waving a sign that read “we want our families back.”

The protest against the Colorado Department of Public Health and Environment (CDPHE) and Gov. Jared Polis’ mandates that do not allow nursing home residents to see their loved ones, was thought up, organized and carried out by the residents, with oversight from their nurses and other staff members, said the Assistant Administrator of Fairacres Manor Ben Gonzales.

Gonzales said the facility has a resident council that meets monthly to discuss things that are on residents’ minds. They usually discuss caregivers, things they’d like to do, or offer suggestions, among other things.

However, recently, they brought up the idea of protesting the lockdown as they enter their eighth month of no hugs, no smiles, no kisses from their loved ones.

“We are here to support our residents,” Gonzales said. “If they want to get their voices heard, they have rights just like we should have rights as well. We wanted to make sure that they were able to express those.”

Gonzales said the staff made sure the residents were all placed six feet apart on the grass across from the entrance to North Colorado Medical Center, along a busy 16th Street in the center of town. They were wearing masks and each one had their own member of the staff nearby. The nurses and other personnel were also in all the appropriate personal protection equipment required for their jobs.

Hospital administration who happened to hear of the protest, applauded their efforts and took time to go across the street as well.

One woman, who was not from Greeley, but happened to be at the hospital during the protest yelled across the street “tell them to let you out of jail.”

She identified herself only as a nursing home administrator in another community. She said has seen more deaths due to depression among her residents since the pandemic than she has COVID itself, blaming mandates and restrictions more than the virus.

“The isolation is what kills these people,” she said. “It’s just incredibly sad that they can’t live out the last part of their lives with their family surrounding them.”

Gonzales agreed. He said although the homes are now preparing for indoor visits as the weather gets colder, residents will still not be able to touch or hug their loved ones.

“But that’s what they need,” Gonzales said. “They need that physical contact, to hug their grandchildren.”

Gonzales agreed some of the signs they created were tough to read.

“We as staff members get to go see our family and our loved ones,” Gonzales said. “So, it’s tough when they don’t get to do that. We are held to standards by the government and the state health department. But it’s very understandable. I feel for them. I can’t imagine what they are going through. So, it’s nice to be able to support them in this way. We are here to come together and to support each other.”

Weld County Commissioner Scott James stopped by the facility to lend his support for the protest as well. He said his heart breaks for all the residents of Fairacres and every other facility like it in Colorado.

“They are members of the greatest generation,” James said. “The very generation who fought to overturn tyranny and protect our freedoms. Now these members of that generation have had their freedom taken away via a tyrannous act by unelected bureaucrats. The governor and the CDPHE should immediately work with these facilities to give them a way by which they may hug their loved ones.”

Full Article & Source:

Justice Department awards $144 Million to improve services for crime victims

The Department of Justice Tuesday awarded grants totaling over $144 million to enhance services for victims of crime across the United States.

“The Department of Justice is steadfast in its commitment to protecting public safety and bringing justice to those who have been victimized,” said Attorney General William P. Barr. “The investments we are making today will support service providers as they work to secure the legal rights of victims and put survivors of criminal acts on the road to recovery.”

All grant money being awarded today comes from offices within the department’s Office of Justice Programs (OJP). Approximately $64.3 million was awarded under Office for Victims of Crime (OVC) grant programs; over $54.1 million was awarded under Office of Juvenile Justice and Delinquency Prevention (OJJDP) programs; over $19.9 million was awarded under Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART) grant programs; and nearly $5.7 million was awarded under two National Institute of Justice (NIJ) grant programs.

“As lockdowns and lawlessness fuel crime in America’s homes and communities, more people are vulnerable to victimization and those who have been victimized face new hurdles,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is committed to giving our victim service partners the tools they need to better serve their clients and protect victims’ rights.”

Grants awarded under FY 2020 OVC programs further the department’s mission to enhance the field’s response to victims of crime. Specific programs are:

  • The Emergency and Transitional Shelter and Housing Assistance for Domestic Violence, Sexual Assault and Stalking Victims and their Companion Animals Grant program gives over $2.2 million to six organizations for shelter and transitional housing to victims of domestic violence, dating violence, sexual assault or stalking and their companion animals.
  • The Improving Community Preparedness to Assist Victims of Mass Violence or Domestic Terrorism: Training and Technical Assistance Project awards nearly $3 million to provide individualized training and technical assistance to state, local and tribal law enforcement; units of government; emergency managers; victim service providers; and other stakeholders to help augment their community emergency management response plans to ensure that the needs of victims, families and first responders are addressed after incidents of criminal mass violence or domestic terrorism.
  • The Advancing the Use of Technology to Assist Victims of Crime program gives over $6.2 million to five organizations to support projects that demonstrate innovative strategies to create, expand or enhance the use of technology to interact directly with crime victims and to provide information, referrals, crisis assistance and long-term help.
  • The Addressing Female Genital Mutilation and Cutting program gives nearly $1.8 million to six recipients to address communities’ responses to victims of female genital mutilation and over $1 million to one organization to provide targeted technical assistance to inform front-line providers on how to identify and serve victims and persons at-risk of being victimized.
  • The Targeted Training and Technical Assistance for VOCA Victim Assistance and Compensation Administrators program awards nearly $5 million specifically to provide peer-to-peer training on federal grants management and administration for Victims of Crime Act victim assistance grantees and subgrantees.
  • The Crime Victims’ Rights Legal Clinics program gives nearly $4 million to four recipients to enforce crime victims’ rights at the federal level under the Crime Victims’ Rights Act and at the state, local or tribal level under substantially similar state, local, or tribal laws. Another $1 million is awarded to a training and technical assistance provider to support the clinics as they launch or expand their crime victims’ rights clinics and train allied professionals.
  • The Law Enforcement-Based Victim Specialist program gives over $8.6 million to 22 recipients to develop or enhance crime victim specialist programs within law enforcement agencies to better support victims through the criminal justice process, and another $2 million to one organization to support training and technical assistance for the grantees.
  • The Crime Victim Compensation Program Assessment program gives nearly $2.4 million to seven recipients to help selected states assess victims’ access to compensation programs with the goal of increasing the number of victims aware of this resource.
  • The State Victim Liaison Project gives over $4.7 million to 10 organizations to place one or more experienced crime victim liaisons within selected VOCA State Administrating Agencies to act as a bridge between the state and other state-based nongovernmental organizations in order to identify gaps in victim services and improve access to resources for crime victims in rural/tribal areas, older victims of crime and victims of violent crime.
  • The Training for Law Enforcement to Improve Identification of and Response to Elder Fraud Victims program awards nearly $2 million to provide training and technical assistance to enhance law enforcement’s ability to identify elder fraud victims, connect those victims with available services, and bring the fraudsters to justice.
  • The Enhancing Services for Older Victims of Abuse and Financial Exploitation program awards nearly $6 million to 12 organizations to support communities in providing services to older victims of abuse and exploitation using trauma-informed approaches that protect the safety and confidentiality of victims.
  • The Enhancing Community Responses to America’s Drug Crisis: Serving Our Youngest Crime Victims program gives over $12 million to 17 organizations to support direct services to children and youth who are crime victims as a result of the nation’s addiction crisis; and nearly $1.5 million to one organization to support training and technical assistance for the direct services grantees. In addition, OVC will award $250,000 in continuation funding to the Modoc Tribe of Oklahoma to provide services to Tribal children and youth who are victimized as the result of the opioid crisis.
  • The National Crime Victims’ Rights Week (NCVRW) Community Awareness Program gives $300,000 to an eligible organization to continue supporting public awareness, community outreach, and education activities for crime victims’ rights and services during NCVRW in April 2021.

Grants awarded under FY 2020 OJJDP programs further the department’s mission of supporting the effective investigation and prosecution of child abuse and neglect cases.

  • Under the Victims of Child Abuse Act Support for Children’s Advocacy Centers program, OJJDP awarded more than $18.3 million in continuation funding to the National Children’s Alliance in Washington D.C. This program will provide support to Children’s Advocacy Centers (CACs) through three funding categories: subgrants to local CACs, state chapters and multidisciplinary teams ($15.3 million); subgrants to provide services for victims of child pornography ($2 million); and efforts to help military installations address cases of child abuse, including subgrants to local CACs ($1 million).
  • OJJDP also awarded $5 million in continuation funding to four organizations via the VOCA Regional Children’s Advocacy Center. This program supports regional centers, one situated within each of the four U.S. Census regions, that help to build and establish multidisciplinary teams (MDTs), local programs, and state chapter organizations that respond to child abuse and neglect; and deliver training and technical assistance that strengthen existing MDTs, local CACs and state chapter organizations.
  • Through the Victims of Child Abuse Act (VOCA) Training and Technical Assistance for Child Abuse Professionals program, OJJDP awarded $2.5 million to the National Children’s Advocacy Center in Alabama. This program promotes improved child interview techniques, thorough investigative methods, interagency coordination and effective presentation of evidence in court. The program will provide training and technical assistance to establish coordinated multidisciplinary programs that address child maltreatment.
  • OJJDP awarded more than $10.8 million in continuation funding to the National Court Appointed Special Advocate Association in Washington under the Court Appointed Special Advocates Membership, Accreditation, and Subgrants Program and Training and Technical Assistance. This program aims to serve and improve outcomes for children in the dependency system; provide effective advocacy for abused and neglected children, including foster care youth; and build on the training and technical assistance program that OJJDP has developed in collaboration with the National CASA Association.
  • OJJDP awarded more than $3.1 million to the National Council of Juvenile and Family Court Judges in Nevada under the Child Abuse Training for Judicial and Court Personnel program to improve juvenile justice and dependency systems’ response to child abuse and neglect, as well as child sexual exploitation and sex trafficking. This program provides judicial, legal and social service professionals with training and technical assistance to improve their understanding of child abuse; their ability to prevent placement in foster care when possible; and their ability to reunify families after foster care placement.
  • OJJDP awarded more than $7.2 million to the National Children’s Alliance to support the American Indian and Alaska Native Subgrant Program. This program will support the expansion of new satellite CACs through the provision of subgrants to existing CACs in Alaska, and to tribes (or existing CACs serving tribes) interested in establishing a satellite CAC in the lower 48 states.
  • Another $4.8 million was awarded to eight organizations through the Alaska Children’s Advocacy Center Expansion Initiative for Child Abuse Victims to support programmatic enhancements for existing Alaska-based CACs to increase the range and quality of services as well as specific infrastructure needs.
  • Under the Training and Technical Assistance To Expand Children’s Advocacy Centers Serving American Indian/Alaska Native Communities program, OJJDP awarded $1 million to the University of Montana to improve the capacity of child abuse professionals and promote the effective delivery of the evidence-informed CACs model and the multidisciplinary response to child abuse across American Indian/Alaska Native communities.
  • OJJDP awarded $750,000 to the Choctaw Nation of Oklahoma via the Tribal Children’s Advocacy Center Expansion Initiative for Child Abuse Victims program to improve the capacity of child abuse professionals and promote the effective delivery of the evidence-informed CAC model and the multidisciplinary response to child abuse in tribal communities.
  • OJJDP awarded $500,000 to the Alaska Children’s Alliance (State Chapter) to enhance and expand the coordinated multidisciplinary investigation and prosecution of child abuse in Alaska through targeted training and technical assistance.

Grants awarded under FY 2020 SMART programs further the department’s mission of keeping communities safe by promoting innovation and best practices in preventing and protecting the public from sexual violence. Specific programs:

  • The National Sex Offender Public Website program awards over $900,000 for continued Maintenance and Operation of the Dru Sjodin National Sex Offender Public Website program.
  • The Keep Young Athletes Safe program awards over $2.2 million to support the ongoing implementation of prevention measures to safeguard amateur athletes from sexual, physical and emotional abuse in the athletic programs of the United States Olympic & Paralympic Committee, each national governing body and each Paralympic sports organization.
  • The Adam Walsh Act program awards over $16.7 million to 61 recipients to help jurisdictions develop and enhance programs designed to implement the Sex Offender Registration and Notification Act (SORNA), which provides a comprehensive set of minimum standards for sex offender registration and notification in the United States. Almost $800,000 is being awarded to provide training and technical assistance to jurisdictions implementing SORNA standards.

Grants awarded under FY 2020 NIJ programs aim to evaluate and fund research projects related to perpetrators and victims of elder abuse. Specific programs:

  • The Research and Evaluation of Victims of Crime program gives over $4.2 million to six recipients to evaluate programs that provide services for victims of crime and research the financial costs of victimization.
  • The Research on the Abuse, Neglect and Exploitation of Elderly Individuals program awarded just under $1.5 million to two recipients to fund research projects to, respectively, better differentiate physical abuse of elderly individuals from accidental injury and to improve the reporting of elder abuse.

For a complete list of individual grant programs, amounts to be awarded and the jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovcvictimsfactsheet.pdf.

In addition to the grants listed above, OJP awarded nearly $101 million in funding to combat human trafficking and provide vital services to trafficking victims throughout the United States. For a complete list of individual grant programs, award amounts and jurisdictions that will receive this funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/ovchumantraffickingfactsheet.pdf.

Full Article & Source:

Friday, October 9, 2020

Settlement approved in Faulkner County nursing home scandal case; details kept confidential


By Max Brantley

Here’s one of the final chapters of a nursing home negligence lawsuit that led to a political scandal and a couple of federal indictments.

Circuit Judge Dick Moore signed a Perry County probate court order today approving the distribution of funds received from the settlement of a lawsuit against nursing home magnate Michael Morton and former Republican Party chair and Sen. Gilbert Baker for allegedly interfering in a nursing home negligence case over the death of Martha Bull, a Perryville resident.

The judge reviewed the confidential settlement in private and its terms were not on the record in either the motion for approval of the settlement or his order to disburse the proceeds.

Bull, 76, died one month after entering the Greenbrier Nursing and Rehabilitation Center in Faulkner County in 2008. She had severe abdominal pain and a doctor ordered her admission to a hospital, but the order was overlooked despite her agonized cries for help and she died that night,

A lawsuit was filed in Faulkner County by her daughters, Rose Perkins and Rhonda Coppak, and it led to a $5.2 million jury verdict in the court of Circuit Judge Mike Maggio in 2013. Maggio subsequently reduced the verdict to $1 million. And then stuff started hitting the fan. Maggio, then running for Arkansas Court of Appeals, said the verdict shocked the conscience. Our report on the decision, the first on it, indicated our shock at his decision.

It soon developed that Morton had contributed heavily to Maggio’s campaign at that time, through multiple PACs orchestrated by Baker. He also gave $100,000 to UCA, which then employed Baker as a lobbyist.

Thomas Buchanan, attorney for the Bull estate, sued Maggio, Morton and Baker in 2014 alleging that the campaign contributions influenced Maggio’s reduction of the verdict. Separately, a federal criminal investigation began. Maggio pleaded guilty to reducing the verdict in return for the campaign contributions and is serving a 10-year term. Baker has been indicted and is awaiting trial. Morton was not charged and has insisted he made legal campaign contributions to Maggio (and many other judicial candidates).

The 2014 lawsuit was settled earlier this week. Maggio is no longer a defendant. Morton, as owner of many nursing homes, is the likely source of any money paid to settle the case. Baker, when he appeared in court last year, was said to be making $53,000 as a music faculty member at UCA. He’s being represented by a court-paid attorney.

The petition in probate court said the Bull estate had been represented by three law firms — the Buchannan law firm, the Brannon Sloan law firm and the firm of Dodds, Kidd, Ryan and Rowan — working on a contingency fee basis. They were to be paid all recovered money and costs because of what they said was the complexity and upfront costs of the litigation.

Their filing said the confidential settlement terms included a “certain sum of money.” The petitioners asked the probate judge to distribute that money — since no claims are pending against the estate — in equal shares after payment of attorney fees and costs to seven heirs, including Coppak and Perkins. The judge reviewed the settlement amount, attorney fees and expenses in camera. This request was filed in Perry County Sept. 17.

Today, Judge Moore signed an order approving the request. It said the contingency fee was “reasonable” and ordered the remainder distributed to seven heirs, except for one portion held in trust for the estate of an heir that is still in probate.

When Buchanan confirmed a settlement had been reached earlier this week, he said he could say no more.

What’s left?

Baker’s trial is set Feb. 22. It’s never been clear if the federal investigation into the matter is otherwise closed but Maggio is believed to have been cooperating. The investigation verged into Baker’s activities as a fund-raiser for several judicial candidates helped by Morton, including Supreme Court Justice Rhonda Wood. My effort to pin down some federal information gathering ran into a Supreme Court stonewall last year.

 
Full Article & Source:

Arkansas nursing home case said settled


by Linda Satter

FILE — Rosie Perkins, left, comforts sister Rhonda Coppak while discussing the death of their mother Martha Crow Bull at her grave site in Perryville November 19, 2015. The family has been involved in a lawsuit after their mother's death in a Greenbrier Nursing Home was deemed negligent.

A lawsuit accusing nursing home owner Michael Morton and former lobbyist Gilbert Baker of corruptly interfering in a negligence lawsuit to cause former Circuit Judge Michael Maggio to reduce a $5.2 million jury award to $1 million in 2013 has been resolved, the plaintiffs' attorney confirmed Monday.

"All I can say is the case has been resolved," Little Rock attorney Thomas Buchanan said Monday about the Faulkner County Circuit Court suit that challenged the outcome of a negligence lawsuit filed by two daughters of Martha Bull, a Perryville woman who died in Morton's Greenbrier Nursing and Rehabilitation Center in April 2008.

In July 2013, Maggio, then a Faulkner County circuit judge, lowered the jury's award in the negligence case. Attorneys for Bull's family contended in the newer lawsuit, which was resolved within the past month, that Morton and Baker conspired to bribe Maggio to lower the award substantially.

Maggio pleaded guilty in January 2015 to a bribery charge, for which he is serving a 10-year sentence in federal prison. Baker, who is also a former state senator and former chairman of the Arkansas Republican Party, is facing a jury trial starting Feb. 22 on federal charges of conspiracy, bribery and wire fraud. Morton hasn't been charged, and he and Baker deny wrongdoing.

Electronic Faulkner County Circuit Court records on Monday didn't reflect that the corruption lawsuit, filed on Nov. 14, 2018, had been officially dismissed. Buchanan refused to comment on that Monday but noted that in general, any settlement of a lawsuit involving an estate must be approved by a probate judge.

Neither John Everett of Farmington, an attorney for Morton, nor Richard Watts of Little Rock, an attorney for Baker, immediately returned a reporter's call Monday about the case.

The case was being presided over by Special Circuit Judge David Laser, who last year declined to dismiss the lawsuit, rejecting arguments from Everett and attorney Kirkman Dougherty that the plaintiffs couldn't cite "a single piece of admissible evidence that could establish that Morton ever spoke to or communicated with Maggio in any way."

Baker's attorneys said last year that he has "consistently maintained" that he never asked Maggio or Morton to do anything improper or illegal.

Two days before Maggio lowered the jury's award, Morton, a Fort Smith businessman, either wrote or had someone write 10 $3,000 checks on his behalf to 10 political action committees after Baker faxed him the PACs' names with specified amounts, according to Baker's federal indictment.

Maggio's campaign for the state Court of Appeals ultimately got several thousand dollars but not all of the PAC donations.

Morton has said he made campaign contributions to numerous candidates for the 2014 election, but never asked for anything in return from a candidate and never discussed reducing a jury award with anybody.

 
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Sen. Lombardi to introduce bill to give family caregivers access to residents in nursing homes during pandemic

STATE HOUSE — As COVID-19 continues to tragically separate nursing home residents from their families, one state senator, Frank S. Lombardi (D-Dist. 26, Cranston), plans to introduce legislation that would give family members access to their loved ones in nursing homes during emergencies such as the coronavirus pandemic.

The bill would mandate that long-term care facilities establish an Essential Family Caregiver program that would allow a resident to have an essential caregiver designated. The caregiver would be a person such as a family member, outside caregiver, friend, or volunteer who provided regular care and support to the resident prior to the pandemic; and that person would be given more access to the resident on a regular basis to ensure their emotional and physical needs are met.

“It’s a tragedy that nursing home residents — particularly those suffering from dementia — continue to be separated from their families,” said Senator Lombardi. “It’s frustrating and infuriating that the social and psychological well-being of these residents is in jeopardy because they are unable to communicate with those they love. They may be safe from coronavirus, but they’re inflicted with a debilitating loneliness.”

In the legislation Senator Lombardi plans to propose, a person may request to designate more than one essential caregiver based on their past involvement and needs. The bill would require the Department of Health to develop rules and regulations on designating an essential caregiver and the criteria to qualify. 

Seven states, Minnesota, Indiana, Ohio, New Jersey, Florida, South Dakota and Michigan, currently have a variation of such a designation that would allow visitation during COVID-19 restrictions.


For more information, contact:
Daniel Trafford, Publicist
State House Room 20
Providence, RI 02903
(401)222-1922

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