Tuesday, January 26, 2021

San Luis Obispo man loses manslaughter conviction appeal

Christopher Skiff
The California Court of Appeal rejected an attempt by the former owner of the Manse on Marsh to overturns his convictions for manslaughter and elder dependent abuse over the 2014 death of a dementia patient who walked away from the assisted living facility and was struck by a car.

A few days before Christmas 2014, Mauricio Edgar Cardenas, 65, was hit and killed as he wandered across Los Osos Valley Road. Because of the darkness, the 26-year-old driver of the vehicle was unable to stop.

Shortly afterwards, a whistleblower accused Manse on Marsh owner Christopher Skiff and Executive Director Gary Potts of fraud and elder abuse because they admitted Cardenas, who was diagnosed with dementia, even though the facility was not licensed to house patients with memory issues. Employees accused Skiff and Potts of violating laws for financial reasons.

Former employees then testified that Skiff and Potts held regular meetings in which they discussed a “hot list” of prospective residents who had medical and other barriers to admission and created action plans on how to get the individuals admitted. Employees testified that they expressed concern to Skiff over Cardenas being on the hot list, but shortly afterwards, he was admitted to the Manse on Marsh anyway.

Skiff, who was permitted to stay out of jail during the appeal process, is facing up to eight years in jail.

In addition, Skiff is battling a civil suit. James McKiernan, the attorney for Mauricio Cardenas’ son Paul Cardenas, filed a wrongful death lawsuit against Skiff, Potts and the Manse on March.
 
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Santa Barbara Man Arrested on Elder Sex Abuse Charges

Three Reported Incidents Occurred at Nursing Homes  

 

Santa Barbara County Jail | Credit: Daniel Dreifuss (file)

By Indy Staff

Santa Barbara Sheriff’s detectives on Wednesday arrested 32-year-old Jared Ekola for allegedly sexually molesting three disabled patients at elder care homes. Two of the reported offenses occurred at the Goleta care facility where he worked, officials said. Another took place at a Santa Barbara nursing home. 

“Ekola allegedly engaged in sex acts with the victims who were unable to consent, protect themselves, or report the abuse due to their physical and mental status,” a statement from the Sheriff’s Office says.

Detectives started investigating Ekola on January 5 after receiving information that the alleged abuse happened between 2013 and 2020, with additional incidents suspected. 

“This investigation remains ongoing and anyone with information is encouraged to contact Sheriff’s detectives at (805) 681-4150,” the Sheriff’s Office said. “If you prefer to remain anonymous, you can provide information by calling our tip line at (805) 681-4171 or online at SBSheriff.org.”

Ekola has been booked in the main County Jail on felony charges of elder abuse, rape, and other unlawful sexual acts. He is being held without bail. 

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Son charged with elder abuse after assault on sick father at Nashville home

by: Josh Breslow

NASHVILLE, Tenn. (WKRN) — A 60-year-old man already jailed in Nashville has been charged with elder abuse after investigators said he assaulted and injured his father who was suffering from cancer and several other health issues.

Online jail records show James Venus was charged with elder abuse Wednesday, though an arrest warrant states the assault happened the morning after Christmas at a home in Nashville.

Metro police said Venus’ 79-year-old father, who has lung cancer, congestive heart failure and requires a walker to get around, was in his room, when Venus entered, “causing a disturbance.”

James Venus (Courtesy: Metro Nashville Police Department)
A warrant states Venus’ father got out of bed to get his son out of his room and Venus pushed him, causing him to fall and suffer “visible injuries.”

When the elder abuse charge was added Wednesday, Venus was already jailed on a charge of aggravated assault with a deadly weapon for an incident from the same day.

Venus has an extensive criminal history, including charges of assault and various drug charges.

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Monday, January 25, 2021

Britney Spears' father speaks out as she requests to remove him as conservator of her estate

By Chloe Melas

Britney Spears, shown here at an event in 2019, has requested her father be removed as co-conservator of her estate. (Photo by VALERIE MACON / AFP)

(CNN)Legal proceedings in Britney Spears' conservatorship battle had remained relatively private over the past year, but that changed during a dramatic hearing last month in which Spears' attorney, Samuel D. Ingham III, stated that his client was "afraid" of her father, Jamie Spears​, and accused him of making business decisions without her knowledge. According to court documents obtained by CNN, Ingham said the pop star would not perform again as long as her father remains in control of her estimated $60 million estate.

Spears defended his actions​ to CNN as protecting his daughter from "those with self-serving interests." He was first court-appointed, along with attorney Andrew Wallet, to serve as co-conservator of Britney's estate in 2008, following a series of personal issues that played out publicly for the singer​, and he remains in that role. ​For most of that period, he also oversaw her health and medical decisions.
 
In January of 2019, the singer announced an indefinite work hiatus from her Las Vegas concert residency and entered a 30-day voluntary residential treatment facility. Wallet resigned shortly after, in March.
 
Jodi Montgomery was ​appointed by the court to oversee Britney's medical care temporarily in September 2019, following a series of health issues for Jamie Spears. 
 
According to Jamie Spears, he was in touch with his daughter and on "good terms" with her up until August of this year, when Ingham filed to officially remove him as conservator. In November, the judge overseeing the case ruled in favor of keeping Spears as conservator and appointed Bessemer Trust to act as co-conservator. 
 
At that hearing, Britney Spears' attorney accused the elder Spears of a lack of transparency, citing his decision to hire a new business manager after the singer's previous manager resigned without notifying her in advance, according to court documents.
 
Jamie Spears' attorney, Vivian Lee Thoreen, disputed that in court documents obtained by CNN, arguing it "would have been a dereliction of Mr. Spears' responsibility" as conservator of the estate not to replace her manager and offered to introduce Ingham to the new hire. 
 
Spears told CNN that he has not spoken to his daughter since August and said he believes that it is by her attorney's design. 
 
"I love my daughter and I miss her very much," Jamie Spears said of his daughter. "When a family member needs special care and protection, families need to step up, as I have done for the last 12-plus years, to safeguard, protect and continue to love Britney unconditionally. I have and will continue to provide unwavering love and fierce protection against those with self-serving interests and those who seek to harm her or my family."
 
Thoreen also claims Ingham is trying to prevent her client from communicating with his daughter.
 
"Jamie's relationship with Britney is not that different than your average father-daughter relationship insofar as there has always been a mutual love and respect for each other. Until Britney's court-appointed attorney Sam Ingham abruptly instructed Jamie not to contact Britney a few months ago, Jamie and Britney had spoken often and regularly throughout the entire conservatorship.  In fact, they had spoken just the day before and had had a pleasant and collaborative conversation." 
 
When reached by CNN, Ingham declined to comment, citing ongoing litigation.
 
A source close to Britney, who interacts with her on a weekly basis, told CNN she faces ongoing challenges with her mental health.
 
In October, Ingham stated that Britney did not have "the capacity to execute a verified declaration for any purpose in this case," according to court documents obtained by CNN.
 
A representative for the singer had no comment. 
 
In a hearing scheduled for Wednesday, Jamie Spears' handling of Britney's assets will be reviewed.
 
CNN spoke to Sabino Biondi, a partner at Wilk Auslander LLP in New York about ​Britney Spears' conservatorship. He does not work with her but handles conservatorships regularly. Biondi said while it's not typical for someone to have a conservatorship last as long as Spears', it's "telling" that the courts have kept it in place.
 
"A conservatorship basically means you need someone to take care of your financial affairs and or possibly your personal affairs," Biondi said. "The court denied her petition because they must have found a good reason to maintain the conservatorship ... if a judge determines it's still for your own good, you aren't going to undo it."
 
Biondi said this week's hearing should reveal if Spears' father has mishandled his fiduciary responsibilities in any way.
 
Through her attorney, Gladstone N. Jones III, Spears' mother, Lynne Spears, said at last month's hearing that she agreed with her daughter's decision to have her father removed as her conservator.
 
Jones had "no comment" when reached by CNN.
 
"It has broken Lynne's heart that things have come to this point," Jones said at the November hearing. It's "time to start fresh," He said, before adding that Lynne Spears feels the relationship between her daughter and her ex-husband has become "toxic."
 
In response to Lynne's attorney's comments on Jamie Spears and Britney Spears' relationship, Thoreen told CNN, "Jamie strongly disagrees with Lynne's false statements and highly misleading statements and characterizations."
 
The global interest into Spears' conservatorship has prompted some of her long-time friends like Paris Hilton to speak out, calling the conservatorship "not fair."
 
In a podcast discussion in July, Spears' brother, Bryan Spears, called the conservatorship "frustrating" for his sister to not be able to freely make decisions but also said it had "been a great thing for our family, to this point."
 
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ACJC charges Paterson, Dover judge for private practice missteps


By Nikita Biryukov

The Advisory Committee on Judicial Conduct filed a complaint against a municipal judge in Paterson and Dover, charging she should be disciplined for her failure to deposit clients’ funds into an interest-bearing trust and failing to maintain professional insurance.

In January 2020, the state Supreme Court’s Disciplinary Review Board found Cecilia Sardina Guzman, a part-time municipal judge in both towns, admitted to the Office of Attorney Ethics a series of breaches that included gross neglect, failure to purchase professional insurance and clients’ money placed into incorrect accounts, among other things.

The high court censured her in January. The ACJC argues an agreement between Guzman and the Office of Attorney Ethics that preceded the Disciplinary Board’s findings in which she admitted to not have maintained insurance amounts to a breach of judicial code.

The ACJC also seeks to punish Guzman for not depositing clients’ funds into an interest-bearing trust. A Supreme Court order requires attorneys place clients’ money in such an account or be made ineligible to practice law.

Guzman was on a list of such attorneys between Oct. 22, 2018, and Oct. 17, 2019. Guzman continued to act as a municipal judge in Paterson and Dover during this time.

She admitted that breach to the Supreme Court in July.

Guzman was replaced in Dover.

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Serial Killer Who Ran Errands For Elderly Victims Caught: NYPD

by Anna Quinn

Kevin Gavin is connected to three murders of elderly women from the Woodson Houses between 2015 and early January, police said Thursday. (Google Maps.)

BROOKLYN, NY — A serial killer connected to at least three murders of elderly woman in a Brooklyn senior housing facility has been caught, police announced.

Kevin Gavin, who ran errands for the elderly residents, was arrested Thursday for three killings at the Woodson Houses, a New York City Housing Authority complex on Powell Street.

The murders include homicides in 2015, 2019 and, most recently, a 78-year-old woman who was found with a telephone cord wrapped around her neck last week. They had left the 450 elderly residents at the Woodson Houses scared for their lives.

"A fear has existed in the Woodson Houses regarding what's happening there," District Attorney Eric Gonzalez said at a press conference Thursday. "This arrest will have a profound impact on the sense of public safety in Brooklyn."

Gavin, a handyman, is believed to have confessed to the killings, saying that the victims owed him money for the chores, a police source told the New York Post. Police are looking into whether Gavin is connected to any other incidents.

He first appeared on law enforcement's radar after the second murder, when 82-year-old Jacolia James was found lying dead in her apartment with "highly suspicious" wounds on her face and neck in April 2019, Chief of Detectives Rodney Harrison said Thursday.

Forensic evidence in James' apartment connected police to Gavin, he said.

The break came nearly four years after the first murder of 82-year-old Myrtle McKinney, who was found by her home health aide in November 2015. Authorities initially thought McKinney had died of natural causes, but later discovered a stab wound in her neck, police said.

"The case has remained open throughout this time with very few investigative leads until recently," Harrison said about the first homicide.

The most recent victim was Juanita Caballero. She was found by her son, who was visiting for the weekend on Jan. 15, according to police.

"I know how devastated these losses have been to the people of Brownsville, to the residents of those houses — these women were beloved mothers, and grandmothers, and neighbors," Gonzalez said. "...The defendant took advantage of the relationship with these women, was allowed into their homes, and did unspeakable acts of violence against them."

The FBI defines serial murder as a series of three or more killings that have common characteristics.
 

Sunday, January 24, 2021

Tom Girardi's Brother Files for Conservatorship amid Legal Troubles and Split from Estranged Wife Erika

In the petition for appointment of conservator, Tom's "current condition" is described as "sadly deteriorated to the point where he cannot care for himself without assistance"

By Ashley Boucher 

As Erika and Tom Girardi's legal troubles and divorce continue, the 81-year-old trial lawyer is having a difficult time caring for himself his family says.

In a citation for conservatorship obtained by PEOPLE Thursday, Tom's brother Robert Girardi says that Tom is unable to provide for his personal needs and unable to manage his financial resources. 

A court hearing is set for June 9. If Robert is appointed Tom's conservator at the hearing, he will become responsible for deciding where Tom lives as well as appropriate care for him. Robert would also take over control of Tom's property and estate. 

Erika Girardi and Tom Girardi
| Credit: Steve Eichner/AP

In the petition for appointment of conservator, Tom's "current condition" is described as "sadly deteriorated to the point where he cannot care for himself without assistance."

Tom and Erika Girardi on RHOBH
 
"His short-term memory is severely compromised and, on information and belief, he is often not oriented as to date, time or place," the petition says, adding that Tom's housekeeper of 25 years is quitting because he can no longer pay her. 

"While Tom does have family members, such as Petitioner [Robert], and certain friends looking out for him to make sure he has sufficient food and that he makes it to a given appointment on time," the petition says, "left to his own devices, it is highly doubtful that Tom could manage most of the activities of daily living for any significant period of time without assistance."

Erika filed for divorce from Tom in November, telling PEOPLE at the time that it was not "a step taken lightly or easily."

In the filing, Erika sought spousal support and requested the court terminate its ability to award spousal support to Tom. Tom responded by asking the court to terminate its ability to award spousal support to Erika, and to request that the Real Housewives of Beverly Hills star pay attorney fees and costs.

Tom and Erika Girardi
| Credit: Bravo

Tom and Erika do not have a prenup, PEOPLE previously reported.

Just one month later, the couple was sued for allegedly using their split to embezzle money. In December, Tom and his law firm, Girardi & Keese (GK), were held in civil contempt and have had their assets frozen by a judge.

Also last month, Tom was hit with another lawsuit, this time from his partner Robert Keese and fellow business partners Robert Finnerty and Jill O'Callahan to dissolve their venture together. The men claim that Tom never paid them approximately $315,000 in income, instead keeping the money for himself, and that he took out loans against their property without their knowledge for his "own personal gain, benefit and use."

Amid all of this, Tom's lawyers have said in court that he "has had issues of his mental competence" and asked a judge to order "mental health exam," the Los Angeles Times reported.

Edelson PC and Erika declined to comment on the case, and Tom did not respond to PEOPLE's request for comment at the time.

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Docu-series on Britney Spears' conservatorship to premiere on February 5

File image of Britney Spears. Photograph:( Reuters )

A new docu-series premiering on February 5 is set to dig deeper into Britney Spears’ long-contested conservatorship. A preview of episode 6 was released on Thursday that says, “How we treated her was disgusting.”

Titled ‘Framing Britney Spears’, the docu-series will air on FX and FX on Hulu. 

The official synopsis of the docu-series reads: It re-examines Britney Spears career and offers a new assessment of the movement rallying against her court-mandated conservatorship, capturing the unsavory dimensions of the American pop-star machine.

For those unversed, former pop star Britney Spears has been fighting a battle with her father over conservatorship that gives all her personal and professional rights to her father. For 13 years, she has been living under a conservatorship, which occurs when a court-appointed guardian manages another person’s life due to physical or mental limitations. Conservatorship for Britney Spears has been on since 2008 after several public breakdowns. 

Her father, Jamie Spears has been co-conservator of her estate alongside lawyer Andrew Wallet, who voluntarily resigned his post in March 2019. 

According to an update on her case against the conservatorship, Britney Spears’ lawyer, Sam Ingham has claimed that she is “afraid” of her father and will not perform again while he remains in charge. As of mid-December, a judge ruled that the conservatorship would be extended until at least September of this year.

Though Jamie is still his daughter’s conservator, a corporate fiduciary, the Bessemer Trust, serves as co-conservator over her estate.

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Caregiver charged with elder abuse

A photograph taken in the home of a Waldport woman for whom Patricia Norenberg acted as caregiver shows a soiled wheelchair and mattress.

By: Kenneth Lipp

WALDPORT — A state-provided caregiver has been charged with multiple felony counts of theft, fraud and mistreatment of a disabled senior under her care.

According to an affidavit of probable cause filed in Lincoln County Circuit Court, when the defendant’s client arrived by ambulance at the hospital in Newport after calling 911 Aug. 25, “she had visible wounds to the tendons and bones in her legs, and had live maggots in the wounds.” The emergency room physician told her that her leg might have to be amputated. She was transferred to Good Samaritan Regional Medical Center in Corvallis, where surgeons were able to save her limb.

Her caregiver, Patricia Dianne Norenberg, 54, of Waldport, was not there when her elder charge called 911, and the victim later told investigators she’d been alone in the house for several days prior to hospitalization. She said she’d lain in bed for several days, soiling herself, before calling 911 in extreme pain. The 77-year-old woman requires regular attention, including wound care, for multiple medical conditions.

While she was hospitalized, her son and daughter-in-law accessed her bank account to make some transactions on her behalf, and they noticed something other than the victim’s physical condition was amiss. 

“There’s no way Mom has ever spent $300 at Walmart. She’s very thrifty. It would never happen,” daughter-in-law Jessica Lindley, a forensic psychologist in Portland, told the News-Times. “But it was the food that initially stuck out. We’d been driving from Portland to Waldport to bring her food. There’s no way she was spending $1,500 a month at Ray’s Food Market,” she said.

They asked the bank for a fraud investigation and ended up disputing $4,780 in transactions made between June 27 and Aug. 21. There was also security footage, later shared with investigators, allegedly showing Norenberg using the victim’s debit card to withdraw $400 from a Waldport ATM on Sept. 5, when her client was in the hospital in Corvallis.

Lindley contacted the Lincoln County Sheriff’s Office Sept. 10 and reported that her mother-in-law was the victim of elder abuse. She also shared with investigators photographs and a video walkthrough of her mother-in-law’s home she’d taken after her hospitalization. The images revealed a “dirty and disorganized house,” with “carpets full of stains and debris,” as well as a soiled wheelchair and mattress that were “discolored due to bodily fluids,” according to the probable cause affidavit.

Investigators brought Norenberg in for an interview on Nov. 19, during which, according to the affidavit, she admitted that she’d never bathed nor dressed her client during the time she was her caregiver, though those tasks were among her assigned duties. She also told investigators that she’d noticed the “filthy condition” of the wheelchair when she first assumed the caregiver role in May, and said she’d never cleaned it. “Norenberg told me the wheelchair was stained with bodily fluids because (her client) would often urinate or have bowel movements in the chair,” an investigator wrote in the affidavit.

She initially denied using the victim’s debit card to make purchases, saying that she’d been given the card to do some shopping for her client at Ray’s, but “she tried not to memorize the PIN.” After being shown security footage of the ATM withdrawal, she admitted to that and other transactions, including a nearly $300 payment on her personal health care account and $40 for her cellphone bill. 

She told investigators she intended to repay those expenditures, and she said many of the disputed transactions — including purchases of software, copy paper, charcoal, phone activations and a lace kimono — were in fact made for her client, as were multiple point-of-sale cash back transactions. The victim told investigators she did not know how to use a computer, nor was she aware that cash back at the grocery store was a possibility.

According to the affidavit, Norenberg told investigators she did not come to work the day prior to her client’s hospitalization — she said she’d spoken with her by phone, and her client said she wasn’t feeling well and did not want to attend her scheduled wound care appointment in Newport.

At the conclusion of the interview, Norenberg was arrested and charged with three Class B felony counts of aggravated identity theft — for alleged fraudulent use of another person’s PIN 10 or more times within 180 days — as well as Class C felony charges of theft, fraudulent use of a credit card and three counts each of non-aggravated identity theft and first-degree criminal mistreatment. She was also charged with misdemeanor counts of criminal mistreatment and recklessly endangering another person.

In giving grounds for the felony mistreatment charges, an investigator wrote that in addition to wrongfully appropriating money from a dependent person in her care, Norenberg had also recommended to her employer that her client be placed in hospice if she survived her hospitalization and offered to continue as her caretaker, thereby “taking charge of a dependent or elderly person for the purpose of fraud.”

Norenberg is next scheduled to appear in court before Judge Thomas Branford on Jan. 19. She remains in custody in the Lincoln County Jail on $100,000 bond. Judge Amanda Benjamin made “no employment as a care provider” a condition of her bail, should she secure conditional release. She has not yet entered a plea.

Lindley said her mother-in-law has been discharged from the hospital to a skilled nursing facility in Corvallis. “She’s doing much better with her wounds. The wound that had the maggots in it is still healing, but the other leg is completely healed,” she said. There’s currently a large COVID-19 outbreak at the facility, and her mother-in-law has tested positive for the virus.

Lindley enthusiastically credited Lincoln County Sheriff’s Office Deputy Doug Honse, the chief investigator, for his commitment to the case.

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