Thursday, March 25, 2021

Disney Grandson Bradford Lund Asks House Judiciary Committee to Launch Investigation of Corrupt Nationwide System of Trustees, Guardians, and Conservators Accused of Depriving Beneficiaries Such as Britney Spears and Himself of Due Process Rights

Lund request aligns with prior request from Committee Ranking Member Jim Jordan and Florida Rep. Matt Gaetz concerning the Britney Spears case

Lund prepared to offer a case study through testimony of alleged hostility and violation of duty by his four trustees, including federally chartered bank, First Republic Trust Corporation

News provided by
Lanny Davis

SCOTTSDALE, Ariz., March 23, 2021 /PRNewswire/ -- Walt Disney's grandson, Bradford D. Lund, sent a letter to Representative Jerrold Nadler, Chairman of the U.S. House of Representatives Judiciary Committee, to request the Committee launch an investigation into guardianship and conservatorship abuse across the country. Lund's letter follows that sent by Committee Ranking Member Jim Jordan and Rep. Matt Gaetz expressing concern over instances of personal freedoms being deprived through conservatorships. Lund asks that his case, alongside other high-profile cases such as that of Britney Spears, be included in such a hearing.

Lund's letter alleges that he has been denied access to funds left to him by his mother Sharon Lund and grandfather Walt Disney because of false claims of mental incompetence, a claim that has been rebutted by courts in California and Arizona. Lund calls for a referral of alleged wrongdoing by First Republic Trust Corporation ("FRTC"), one of his trustees and a federally chartered banking institution, to federal regulatory authorities. Lund also alleged that the four "hostile" trustees of his trust, FRTC, L. Andrew Gifford, Robert L. Wilson, and Douglas Strode, have displayed similarly abusive and hostile conduct to that raised in Rep. Jordan's letter:

"For the past 11 plus years, four hostile trustees of my trust set up by my mother (from funds derived from her father, Walt)…have, in my opinion, consistently violated their fiduciary duties owed to me, self-enriched themselves without my authority and contrary to my interests, and unjustifiably blocked my receipt of my "birthday distributions."…These trustees have allowed those same distributions to go to my twin sister, Michelle…They have also unlawfully blocked me, my mother, and other family members from visiting with Michelle for all these years. Perhaps one of the reasons they continue to do so is because my sister testified, under oath in 2013, that she considers me mentally competent."

Lund's letter asks the Committee to not only examine the nationwide pattern of guardianship and conservatorship abuse, but also investigate his specific case:

"First, I ask the Committee, after a sufficient investigation, to refer [FRTC], a federally chartered institution, to federal regulators for potential serious violations…I also ask the three individual trustees named above also to be investigated for alleged corrupt acts, together with FRTC, of self-enrichment… In addition, I ask for the law firm used and paid for out of my mother's trust funds by these trustees, Mitchell Silberberg & Knupp ("MSK"), to be included in these investigations."

Lund notes that he filed a federal civil rights lawsuit and petition to the California Judicial Performance Commission regarding the former probate judge in his case, Judge David Cowan for allegedly prejudicial statements and conduct towards Lund. Lund also questions whether Judge Cowan and other judges like him are abiding by their oaths of office to uphold the constitution.

"It is sad to hear about and see so many others stuck in the similar trap that Mr. Lund is in," said Lanny J. Davis, attorney for Lund and co-counsel in Lund's federal civil rights case. "But I am confident that once the Committee hears the stories of my client and so many others, they will realize that this loss of due process is a national crisis that must be addressed now."

"It appears this is one issue that citizens and members of Congress across the political spectrum can agree on," continued Davis, referring to the recent letter sent by Committee Ranking Republican Jim Jordan and member Rep. Matt Gaetz. "And that is stopping the corrosive and corrupt processes among many probate courts, conservatives/trustees, and law firms financially benefitting from their abuses of the 'captive' fiduciary."

Read the letter here.

Contact: Alex Lange
alange@tridentdmg.com
(202) 480-4309

SOURCE Lanny Davis

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NY nursing home whistleblower gets visit from health inspector after calling Cuomo order 'ridiculous'

Whistleblower said visit seemed to be 'just a coincidence and not retaliation'

 

Nursing home administrator Michael Kraus talks with Aishah Hasnie in an exclusive interview Thursday on 'America Reports'
 
By Sam Dorman

A New York nursing home was visited by the state's Department of Health days after Fox News reported on the administrator's alleged early warning about the impact of Gov. Cuomo's executive order.

The visit, according to Kraus, started at around 9 a.m. ET Tuesday and stretched at least past 3 p.m. ET. It's unclear why exactly the visit occurred, but Kraus said the health department asked about a resident possibly running away.

"So far it seems to be just a coincidence and not retaliation," he told Fox News via text. "They didn't find any problems."

Last week, Fox News aired a story with Kraus describing his remarks during a conference call with other directors, state officials and hospital leaders.

"I said that's ridiculous," he said, recalling his reaction to the March 25 order. "We can't be doing this. It's just not right to the residents."

He added that he vocalized his concerns during phone conversations but stopped bringing it up afer he was shot down.

"I did vocalize it," he said. "And then once it was shot down, I never spoke again."

Cuomo's order has landed him in hot water as critics argued that it put nursing home residents' lives in danger.

Kraus told Fox News that the department had made three coronavirus-related visits to his facility, in addition to Tuesday's.

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Wednesday, March 24, 2021

Movie recommendation: “I Care a Lot”

Melanie Gasmen/THE REVIEW
Rosamund Pike stars in the new Netflix original that offers sharp commentary and stylish filmmaking.

BY LAURA MATUSHESKI

March is Women’s History Month, a time to give a little extra attention to all of the amazing accomplishments of strong, determined women. So when I heard that Rosamund Pike, a kick-butt actress who’s best known for her role in “Gone Girl,” won a Golden Globe Award for Best Actress in a Comedy or Musical, I knew I had to give the film a stream. 

And let me tell you, Pike’s character is no Rosa Parks. 

Marla Grayson (Pike) is the icy-cool yet charismatic main character in Netflix’s dark comedy movie, “I Care a Lot.” Poised in towering stilettos and a razor-sharp bob, she makes a living by convincing the legal system to grant her guardianship over elders she pretends cannot take care of themselves. She places them in an assisted living facility, where they are sedated and lose contact with the outside world. She then sells off their homes and assets, pocketing the proceeds. 

With the help from a morally corrupt doctor, a naïve judge and her business partner/lover Fran (played by Eiza González), Marla pounces on her “clients” (really, victims of her scheme) like a lioness on her prey. 

“There’s two types of people in this world,” Marla says in her opening voiceover. “Those who take and those that get took. Predators and prey. Lions and lambs.”

She cares a lot, just not about the people she should be caring about. 

Since the release of this film and “Framing Britney Spears” on Hulu, the world of legal guardianship has been talked about a lot recently in the media. The New York Times Presents documentary explains that conservatorships are put in place for people who are unable to make their own decisions or are mentally incapacitated. Despite Spears working consistently throughout recent years, she lives under a court-sanctioned conservatorship in which she is not in control of the fortune she earned as a performer. Advocates for the #FreeBritney movement believes the singer is unfairly held “captive” by her family and management team.

Although both of these movies show two egregious sides of conservatorship, it makes us think of all the possibilities legal guardians have to exploit and manipulate their wards.  

So far, the first half of “I Care a Lot’s” premise has all the hallmarks of a movie like “The Wolf of Wall Street.” Both leads are filthy rich scumbags who embody glittery portraits of capitalist inhuman greed, except one is a woman. Unlike Jordan Belfort, however, Marla meets her match: an elderly woman named Jennifer Peterson (Dianne Wiest). As a wealthy retiree with no connected family, borderline dementia and an unremarkable life, Marla and Fran see her as a prime candidate, calling her their “golden goose.” 

What those predators don’t realize is that they chose the wrong prey this time, and by conning this seemingly kind old lady, they’ve angered some dangerous and violent people. A mysterious mobster (Peter Dinklage) will go to great lengths to see Jennifer released from Marla’s care. But Marla proudly refuses to back down without a fight, and the plot evolves into a thrilling, criminous chase. 

Essentially, what we’re watching are two equally vile, money-hungry monsters fighting for two hours. I understand the pushback for not having a hero to cheer on. Marla relishes in her amoral, predatory behavior, and watching her game the system in her favor is far from comforting. But I think that’s the point: You have to go into “I Care a Lot” accepting that you won’t really be “rooting” for anyone, and that’s okay when the characters are compelling as they are in this film. 

“I Care a Lot” deals with the guardianship grift in our country. When we don’t have an appetite for what’s nice, sometimes the best way to look at the awfulness of the world is through a stylized, satirical lens.

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A Chester County attorney who stole from clients and family is sentenced to state prison

Joshua Janis was sentenced to 11 to 23 years in prison during a hearing Monday at the Chester County Justice Center.

by Vinny Vella

A Chester County attorney who defrauded both his clients and family was sentenced Monday to 11 to 23 years in state prison.

Joshua Janis, 40, was found guilty in December of 31 counts of fraud for stealing from his clients at a West Chester law firm. In a separate case — evidence of which was discovered while investigators were probing the fraud — Janis pleaded guilty in February to identity theft and forgery for opening up bank accounts in the names of his ex-wife and former mother-in-law.

In a statement, District Attorney Deborah Ryan commended the victims for coming forward to “reclaim their lives from the damage he caused.”

“He stole money and caused irreparable legal and emotional damage to victims of all ages in a callous and depraved manner,” Ryan said. “More than that, he stripped them of the valued trust between a client and their lawyer, tarnishing the profession.”

Janis’ attorney, Ryan Hyde, declined to comment.

The investigation into Janis’ conduct began in 2015, when his law license was suspended after clients filed complaints with the state Supreme Court Disciplinary Board.

After a criminal investigation triggered by that suspension, Janis was accused of stealing a total of $90,000 from dozens of clients. Prosecutors said he collected legal fees without working on their cases.

Prosecutors later learned that Janis had opened up several unauthorized credit card accounts in the name of his ex-wife, Jennifer Hulnick. He also created accounts in the name of Hulnick’s mother, Ellen.

Prosecutors estimate he spent $80,000 in the name of Jennifer Hulnick and $5,000 in her mother’s name, using the money for pornography and strip-club visits, among other expenses.

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What Families Want from Nursing Home Reform Post-COVID: No More Lockdowns and a Seat at the Table


By Alex Spanko

The federal government last week ended a year-long nightmare for families across the country when it announced the relaxation of visitation bans at nursing homes in all but a few limited cases.

But for the family members who spent 2020 working to reunite with their loved ones, the work won’t end along with the expiration of strict lockdowns.

To learn more about what family members of nursing home residents want from the reform efforts percolating in states and Washington, SNN invited Mikko Cook and Carrie Leljedal to join our “Rethink” podcast.

Cook is a co-founder of the Essential Caregivers Coalition, and Leljedal leads Illinois Caregivers for Compromise.

Each has a unique perspective on the lockdown: Cook’s father has late-stage Alzheimer’s and resides at a skilled nursing facility in Albany, N.Y., while Leljedal became active in the movement while trying to arrange visits with her 33-year-old son, who has a developmental disability and seizure disorder. He lives in a combination intermediate care facility (ICF) and SNF in southern Illinois.

Their experiences were different, but both have concrete and insightful ideas about how families can better be incorporated into decision-making — both at the facility and policy level — when the next crisis strikes long-term care.

Excerpts from the conversation, recorded prior to the formal end of the lockdown, are presented below; listen to the full episode at Apple Podcasts,
Google Play, and Soundcloud as soon as it’s available.

Tell me about your experiences with trying to change lockdown rules.

Cook: As the lockdown happened, my family was scrambling to figure out what actually was happening and how to get more information and access to my dad. Unfortunately, what ended up happening was even though my mom was talking to the facility every day, we had no contact with my dad for over 100 days. Despite pleas to the facility, to the ombudsman, to the Department of Health, to the governor, to our state officials, nobody responded to us.

Initially, it was about a place where people could come and talk about what was happening. But we fundamentally understood that we were all scrambling to learn not just the situation, but the entire breakdown of what the system was and who controlled what — and what did things like the 1135 waiver mean, and who did you contact when you needed help?

We became a national advocacy group to help people learn about: What is the system? How does the system work? Where is your loved one in the system? And how can we all come together to change that system? Especially how we can create a federal designation for an essential caregiver that is put into place so that when the next public emergency happens, and it will, we will never be 100% locked out again.

Leljedal: Our building is one half the ICF; the other half of our building is actually skilled nursing. Ours is one of the few — we’re not corporate-owned, we are privately run. It is a very personal, almost family-type business. But we all faced the same issue. I wasn’t allowed to see my son; I wasn’t able to get in and figure out what was going on. He had to have all his doctor’s appointments cancelled because they weren’t allowed to go into the building. I was 128 days without physically seeing my son without glass between us. And then for the first month, I was only allowed to see him at doctor’s appointments, socially distanced.

We shouldn’t be separated from our families, and children, even if they are adults, should never be separated from their family. I have been, since almost day one, publicly going anywhere and everywhere I could to get somebody to listen, try to get help. Like Mikko, I did the governor’s office. I did state representatives. I’ve been to the media. I talked to our local newspaper here in southern Illinois to do one of the first stories they did about long-term care and the virus because nobody realized what isolation meant, and that no visitors means just that: no visitors.

But we’re not visitors. We are way more than that. We are an essential part of that care team who provides care to our loved ones every day of the week. They’re lost without us.

What are you specifically asking for in terms of a federal designation for an essential caregiver? What would that look like, and what sort of protections and rights are you looking to hopefully have codified?

Cook: When it comes to an essential caregiver, I think the key point to note is what Carrie has already said: We’re not talking visitors. We are talking people who are a massive part of the emotional, social wellbeing — and sometimes physical wellbeing — of residents. The idea is that an essential caregiver is someone within maybe the family circle, or even outside of the family circle, maybe a friend — who is designated.

It would be actually optimal if it was two people — because putting all of this responsibility on one person is a lot — that the resident could designate as their go-to support person. This person would be trained, and tested, and PPE’d up exactly as staff, so that they would not pose any more threat than staff would.

Essentially, when you think about it — Carrie as a mom, or me as a daughter — we are already doing everything we can to protect our loved ones from the virus. So for us to be trained and tested, we really aren’t going to pose any more of a threat, in that we will do everything we can to see our loved ones.

In addition to that, the idea is that you — regardless of the infection rate, regardless of the outbreak situation in a facility — if you are trained and tested and equipped as staff, then you should have the access like staff.

You would be limited to just focusing on the person you’re with, obviously — this isn’t about walking into a facility and wandering around. We want to make sure that everyone is safe. But we don’t want to jeopardize the wellbeing of our loved ones with this blanket approach to just creating safety by locking the doors.

On top of the essential caregiver designation, what other changes would you like to see?

Cook: I would say the number-one change that I would like to see, across long-term care, is giving families a seat at the table when it comes to defining policy moving forward.

Families, who are the voice of the person receiving the care, have kind of been left on the sidelines, and I don’t think that you can really address all the needs and all of the issues of an individual person with a form like my mom had to fill out for my dad that was like: “Tell us about his hobbies.”

This isn’t enough. I mean, this is 70-plus years of a man’s life, and the majority of them lived with these people. So who better to incorporate into the conversation than the families as it relates to their care and wellbeing going forward? I would absolutely say that’s the number-one thing that has to happen.

At a larger scope, conversations around staffing and finances, and all of these [topics] are starting to bubble to the surface, which is fantastic. I definitely think there needs to be transparency into the finances of what is going on in a lot of these institutions. I know that there’s the conversation of: “Well, we can’t just have more staff because we can’t afford it.” And I know that a lot of the facilities are looking at bankruptcy as a result of the coronavirus. But really, it’s the same age-old issue for anything, which is you’ve got to follow the money.

Where is that money going? And why is it such an issue to pay people who are dedicating their career to taking care of other people — and paying them less than what somebody at Burger King would make? We have some big issues to tackle, and for that I am really grateful that coronavirus happened.

I agree that extra transparency would probably bring trickle-down benefits to a lot of other long-standing issues — the debate usually boils down to the industry saying it needs more money, advocates saying that it doesn’t, and then nothing really changing because it’s hard to say definitively where all the money is flowing.

Leljedal: In Illinois, you can’t even build here unless you get approval from the state. There’s so many regulations in Illinois, and they tied people’s hands if they wanted to build a new building and make things better. We need some strong federal guidance to help the states try to get in alignment, because there’s no alignment — county to county, city to city, even state to state. There’s no alignment anywhere right now. That adds to the disruption, and the lack of cohesiveness of care.

Cook: I think another good place to start is to look and see what is working. I was just recently told of a facility, I think it’s in Maryland, where they have had zero cases of COVID. Zero. The reason has to do with how much they were putting behind infection training prior to all of this ever happening, so they were ready.

Taking the models that are working, and starting to build from there — you’ve got to start from a positive point, and not just jump into the hole of the negatives. I think that would be very helpful.

Carrie, you seem to have had good experiences with the facility where your son lives. Why is that?

Leljedal: Well, first of all, we don’t have the turnover that the majority of facilities in the country have. We have an executive director and director of nursing that have both been there for more than 20 years. The number of staff we have in our building [who have worked there] 10 or more years is very impressive. Our owner is hands-on; his office is right there on the property. He knows the residents by name on both sides of the building. He gears what they do towards our residents.

Are they perfect? No. Do they make mistakes? Yes. But the thing I’ve known this whole year was: I never worried about my son being neglected. I never worried about my son being abused. I never worried about him not getting the care he needs. Was it always done the way I would have liked it? No. But it was done, and he was well cared for, and so is every other resident in that facility.

Prior to COVID, the doors were open 24/7. There was never: “Oh, you can’t come visit; it’s two in the morning.” If we wanted to go in at two in the morning, we were allowed. Families were part of it. When you can call and get the director of nursing on the phone, or get the owner of the facility to return an e-mail or phone call consistently, that makes a huge difference. The stories that I hear from people [where] it’s taken a month to get a live person to speak to, it’s unacceptable.

Mikko talked about patient-centered care. Really what this means is family-centered care. If you take the model that’s used in pediatrics and move it to long-term care, how they look at family-centered care, that would make everyone’s life better — because then you have input from everybody that’s part of that team, from the family to the resident to the medical professionals. They’re all on one level playing field.

I had a feeling that would be your answer. If the staff is stable and attentive and available, even the oldest, most outdated facility can provide care that makes everyone happy and safe.

Leljedal: Very much so. We have staff on my son’s side of the building … that have been there 15 and 20 years. They will tell you they’re there because this is their home. This is their residents’ home. On our side of the building, the residents aren’t there for one, two, or three years. They’re there for 10, 20, 30 years, through their entire adult life. Especially in those kinds of settings, you need consistency. Everywhere needs it.

Cook: The staff needs to feel supported, and this is true of any job. How can you give your heart to something that feels like it is not giving anything to you?

I’ve spoken to staff where they love the residents as their own family, so this entire year of lockdown is breaking them just as much. I just recently read a post from a woman who works in activities programming for a facility, and she said she locks herself in the bathroom sometimes and just cries because of how hard this is to see these people go through this.

Among higher-level financial and management folks, there’s this idea that to retain frontline staff, they have to be given pathways for advancement and promotion. I’m sure that’s true for some number of CNAs. But actually speaking with caregivers and their leaders has taught me that for a large number of people in the field, they’re doing exactly what they want to do — they have a very personal and sometimes even spiritual calling to be caregivers. They don’t necessarily want to run a building one day or be a regional supervisor; they just want to be paid well and kept safe while they work in the career they chose.

Cook: Absolutely. I mean, you think about the tasks that a CNA has to go through on a daily basis, with how many residents, right? Now you also are asking them to come to this work in the middle of a global pandemic, where they at any moment could be exposed to the virus. There are so many who are just throwing themselves into the work because they love it. That is a calling. That’s not a job, and we need to respect and reward that level of dedication and support them in that.

What do you want people in the industry to know about your experience over the last year?

Leljedal: The hardest part of the last year has been knowing how many people are just isolated by themselves, that their families don’t even know how to attempt to get in, or attempt to be able to make the next step, because providers are not sharing that information. We need transparency — just information. We need clear-cut, concise information on a regular basis, which doesn’t happen.

To move forward, besides private rooms and private bathrooms, we need to get to smaller buildings along the lines of the Green House Project, or something that is more individually based — so also the staff then becomes more personally tied, because they’re not taking care of 50 residents. There’s 10 or 12 in a house. We’re going to see more consistency of care, which is going to bring more quality of care. And in the end, that’s what we need for our loved ones: quality of care.

Cook: I would say, to speak to your audience within the industry: Make the family members your partners in this experience. This isn’t a you-versus-them kind of situation. I’ve tried to help the people within the Essential Caregivers Coalition, when they come and look for answers, and say: Reach out and see the humanity on both sides. I think more can be accomplished by bringing the families to the table in terms of trying to make a solution that works for everyone, as opposed to just cutting out any one person in the conversation.

That includes everything from reform to public health policy. I think a lot of this could have been avoided. Of course, the lockdown had to happen. But there needed to be a revisitation of what the policy was, and talking to all the people affected and saying: “Okay, here’s where we are, and maybe we’ve made some mistakes, but let’s work together to make this better.”

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Tuesday, March 23, 2021

San Antonio lawyer, Netflix sued for defamation over elder guardianship of 83-year-old


By David Yates

SAN ANTONIO - A San Antonio attorney has been sued for defamation over a Netflix series called Dirty Money, which featured the guardianship of an elderly man who had some $3 million in assets, according to a press release.

Tonya Barino alleges in her 29-page complaint that attorney Phil Ross and his paralegal Jo Anne Rivera participated in a conspiracy that destroyed Barino’s name and reputation while involved in the guardianship proceedings of 83-year-old Charles Thrash.

“Phillip Ross is an attorney of incompetent and reckless charlatan-esque repute,” Barino’s pleading states. 

As previously reported in Southeast Texas Record, Thrash owned an automotive shop on West Avenue in San Antonio for 50 years and had been in the news for marrying his divorcee girlfriend, Laura A Martinez, without his court-appointed guardian’s permission.

Plaintiff Barino also names Laura A. Martinez and her adult children Brittany A. Martinez, Jose H. Martinez, and Michelle C. Martinez as defendants.

“Through various platforms, Laura, Brittany, Michelle, and Joe published statements of and concerning plaintiff that each knew to be false, intentionally disregarded known falsity and intentionally defamed the plaintiff with a specific intent to defame and harm the plaintiff,” the complaint states. 

A Free Charlie Thrash website states that Thrash has not been seen in 741 days and a Youtube channel called Charlie Thrash's Friends features various videos.

Barino's lawsuit references the Netflix series Dirty Money, in which an episode portrayed the alleged misuse of legal guardianship proceedings concerning Charlie Thrash. 

“The gist of the episode is that Thrash and the sources, Laura and Brittany are victims of the plaintiff's overreaching and abusive conduct toward Thrash and that Ross is some type of hero and that the plaintiff is a villain,” Barino’s Austin attorney Carl Kolb wrote. “The episode also gave an audience to Ross and his paralegal Jo Anne Rivera. Both falsely and intentionally defamed the plaintiff.”

The Dirty Money episode aired on March 11, 2020, but has since been removed from the Netflix menu of offerings.

“Martinez’s children, Brittany, Michelle, and Joe, before and after the airing of the episode have all made similar online comments concerning the plaintiff,” Barino’s attorney alleges. “Hundreds of people around the world have chimed in the chorus of lies published by the defendants, republishing the defamatory material and further libelous and obscene comments, which continue today.”

The complaint further states that nearly a year before the episode aired in May 2019, Attorney Ross was sanctioned in the sum of $222,974 for conspiring with Laura to fleece the Thrash estate and is currently being subjected to disciplinary proceedings.

Netflix, Alex Gibney, and Gibney’s Jigsaw Productions are also named as defendants in Barino’s lawsuit.

“The degree to which the episode skewed the facts demonstrates that the Jigsaw defendant did so with actual malice or with a specific intent to sensationalize the defamatory information for the purpose of harming the plaintiff for profit,” Barino’s pleading states.

Gibney is an American documentary film director and producer who graduated from UCLA Film School and Yale University.

“In the midst of an ongoing global pandemic during which much of the world's population has been quarantined at home watching television, the above-named defendants published or caused to be published worldwide and or appeared in an episode of the Netflix series, Dirty Money, entitled Guardians, Inc., in which plaintiff was falsely and maliciously defamed," Plaintiff's attorney states.

The lawsuit was filed in Bexar County's 285th Judicial District.

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Janice Dean calls for justice for NY seniors at nursing home memorial: 'We want answers'

By Evie Fordham

Family members of New York nursing home residents who say their relatives contracted coronavirus and died after Gov. Andrew Cuomo's March 25 directive held a memorial on Sunday with attendees including Fox News' Janice Dean.

Dean, who attributes her in-laws' coronavirus deaths to Cuomo's directive, said she and the other rally attendees had become like family.

"I'm here today as a grieving family member, not someone who is politically motivated, which our governor likes to call me," she said. "We are bound togther because we want answers, and we will not stop."

Dean's in-laws, Mickey and Dee Newman, died in spring 2020.

Protesters against Gov. Andrew Cuomo's handling of nursing homes COVID-19 deaths, gather outside Cobble Hill Health Center nursing home on Sunday, March 21, 2021 in New York. (AP Photo/David Crary)

"We had no idea [Mickey Newman] had died of Covid until we saw the death certificate," Dean said. "We had no idea there was a March 25 order for Covid-positive patients to nursing homes. My husband had to deliver the news to his mother that his father was dead, and she was heartbroken. Two weeks later she got Covid."

Family members constructed a "We Care Memorial Wall" with photos of their lost loved ones.

New York City Councilmember Brad Lander and New York State Assemblyman Ron Kim also attended the rally organized by Peter and Daniel Arbeeny, two brothers who blame Cuomo for their father's death in 2020.

"There's 100,000 people like me and those around me who lost the ones they loved most," Daniel Arbeeny said.

Peter Arbeeny thanked nursing home staff and said he does not blame individual nursing homes or workers.

"As a Covid orphan, we need answers, we need an apology and we need a fair investigation," he said.

New York lawmakers are preparing an impeachment investigation of Gov. Andrew Cuomo. Kim was an early proponent of impeachment.

"When I got that call from Cuomo threatening my career and my livelihood to lie for him ... I was afraid he would escape accountabilty," Kim told the crowd, adding that he lost his uncle to coronavirus in a nursing home.

"His reign of abusive power will end soon because there are way too many decent people in the city of New York to let this guy go unchecked. ... We will find the truth," Kim said.

Attendees held signs with slogans including "Cuomo made our parents 'uncomfortable' #SeniorsToo" and "Apologize Andrew!"

Cuomo has faced criticism from both Republicans and Democrats for his administration's March 25 directive that barred nursing homes and other long-term care locations from turning away thousands of coronavirus-infected seniors.

Despite Cuomo's efforts to attribute the controversy to partisan politics, as questions swirling around his handling of the pandemic continue, his administration was forced to admit that nursing home deaths had topped 15,000 – nearly 10,000 more than was originally reported by the state at the end of January.

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Group creates Easter baskets for those in assisted living, long-term care facilities

A mountain community is getting ready for Easter -- with plenty of baskets!

A group gathered at the Rutherfordton Clubhouse Sunday morning to assemble 600 of them.

All the Easter baskets are going to people in assisted living and long-term care facilities.

A special thanks was offered today to the woman who organized this special event.  

March 21, 2021 - A group gathered at the Rutherfordton Clubhouse Sunday morning to assemble 600 Easter baskets which will go to people in assisted living and long-term care facilities -- those especially impacted by pandemic shutdowns over the last year. (Photo credit: WLOS Staff)

"I think this past year has been rough on everybody but I think the residents have had a really hard time not getting to see their family members," said Donna Bennett-Cobb, Rutherfordton resident. "As a community, it's good fellowship for us, too, and we've had a good time doing it and just spending some time together. Something good, nothing negative at all."

The group said that Bennett-Cobb did something similar on Valentine's Day, reaching out to pandemic-bound people in Rutherford County.

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Monday, March 22, 2021

San Antonio lawyer faces disciplinary proceedings in the guardianship of elderly military wife and her daughter


By David Yates

SAN ANTONIO - A State Bar of Texas disciplinary committee sued a San Antonio attorney alleging he was deceitful and dishonest in the guardianship of an incapacitated person, according to a press release.

The Commission for Lawyer Discipline filed the complaint in Bexar County’s 285th Judicial District alleging that when Attorney Philip Martin Ross represented Sybil Sims and her daughter Suzanne Sims Baker, he transferred Sims’ assets to himself through an irrevocable trust and also obtained $25,000 from her as assets for legal expenses.

“After Respondent [Ross] had been found by a Comal County court to lack authority to represent Sims because of her incapacity, Respondent executed a second trust instrument purporting to convey the assets of the first irrevocable trust into another, thereafter,” wrote Disciplinary Counsel Paul Homburg in the Original Disciplinary Petition.

The lawsuit further alleges that despite court orders, Ross continued to act as owner of the assets of the trust, including Sims’ homestead property from which he sought to evict Sims’ son, and which he purported to list for sale. 

“Respondent took actions in the litigation regarding the Sims guardianship and property that were for his own benefit and adverse to the interest of Sims whom he claimed to represent,” Homburg stated in the pleading. “Respondent engaged in conduct involving deceit, dishonesty or misrepresentation.”

Sims was the widow of USAF Lt. Col. Harold "Hal" Sims Sr.

The complaints alleging professional misconduct, which initiated the disciplinary proceedings, were filed by Sims' adult children Harold Sims, Jr. and Cynthia Sims Kirkland. The Supreme Court of Texas has appointed Judge Robert Cadena of the 83rd Judicial District Court to preside over Ross’s disciplinary action. (Case #2019CI21028)

“Respondent [Ross] represented a person when the representation was adversely limited by the interests of the Respondent or another person to whom Respondent owed obligations,” Homburg wrote. “Respondent failed to comply with orders of the court regarding the property of Sybil Sims. Respondent engaged in conduct intended to unreasonably increase the burdens of litigation regarding Sybil Sims and her property.”

The lawsuit further states that Ross purported to represent the interests of Sybil Sims at a time when she did not have the capacity to execute contracts, deeds, or other similar documents.

As previously reported in the Southeast Texas Record, Ross was also sued by Tonya Barino last week for alleged defamation after he appeared in a Netflix series called Dirty Money, which featured the guardianship of Charlie Thrash, an elderly man who had some $3 million in assets. 

“Phillip Ross is an attorney of incompetent and reckless charlatan-esque repute,” wrote Barino who had been appointed guardian of the estate for Thrash.

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