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| Lewis County General Sessions Court Judge Michael Hinson |
The Board of Judicial Conduct issued the order calling for Judge Michael E. Hinson, the general sessions judge in Lewis County, to serve the suspension beginning Oct. 2 through Oct. 31.
Hinson heard an order of protection matter in which a wife was seeking an order of protection against her husband on June 4, 2021. Both parties and their attorneys were present in court. At the conclusion of the hearing, Hinson ruled there was insufficient evidence to issue the order and the filings would be addressed by the court handling their divorce. In a reference to the parties’ divorce and child custody related issues, Hinson stated that “Judge (Michael E.) Spitzer would wade through the bulls**t,” with multiple people present in the court room.
In another case on June 4, 2021, docket, Hinson stated to the parties that they were putting their child custody dispute “in the hands of a guy who wears a costume” to work, a reference to his judicial robe. Multiple people in the courtroom heard this comment as well.
In a notice dated June 24, 2021, Hinson was advised of the investigation into the complaint.
In a response dated July 9, 2021, Hinson acknowledged making the comments. He explained that he did not intend to make the comments “in a derogatory manner,” but rather as a way of encouraging the parties to resolve their differences without judicial intervention in order to achieve the best outcome for themselves and their children.
The Board of Judicial Conduct said in its ruling that, “judges are expected to maintain the highest standards of conduct and dignity of judicial office at all times.” It also said that while Hinson “may not have intended to be disrespectful or demeaning to any litigant or to the legal process, those who heard his comments have no way of determining his intent apart from the words used. Once such comments are made, the damage is done.
“In short, as the occupant of an honored position of public trust, a judge’s role includes cultivating respect for the judicial process and its participants in both words and deeds. The comments at issue did just the opposite.”
Tuesday’s ruling is the second time in the past year Hinson has been disciplined by the Board of Judicial Conduct.
Hinson
was issued a reprimand by the board in December for not following
COVID-19 plans for his judicial district. According to the reprimand,
Hinson allowed his courtroom to be filled to capacity, even to the point
of members of the public having to stand shoulder to shoulder along the
walls because all the seats are taken. Hinson also made a comment to
the courtroom audience that he wished Justice Jeff Bivins would win an
award so that the COVID-19 mandate from the Tennessee Supreme Court
would end.
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A Forsyth home where a woman and her son are accused of abusing two people. |
Andrew Dennis Vandorn, 40, has been charged with Financial Exploitation of an Elderly or Disabled Person, Trafficking for the Purposes of Sexual Exploitation, First Degree Rape or Attempted Rape, and other sexually based offenses.
Court documents state that Vandorn “neglected the mental and physical health” of T.B., an adult woman who had been described in court documents by a witness as having the mentality of a 12-year-old.Vandorn is the step-brother of the female victim in this case.
Investigators claim that T.B. stated she was often hungry because Vandorn and his mother, Ann Schilling, would use T.B.’s $583 a month Social Security payments on drugs and then not provide her with food. Vandorn did not work and lived off the income of T.B. and a second victim, Vandorn’s step-father.
T.B. told investigators that when the money ran out for drugs, Vandorn and Schilling would prostitute her to men for drugs. The second victim in the case told investigators that he would see up to ten people a day coming into the home, and several would go into T.B.’s bedroom where he claims they engaged in sexual activity.
“I feel like someone is going to just come in my room, pull my pants down and just have sex with me,” T.B. told investigators.
Court documents show investigators alleging Vandorn prostituted his step-sister from 2015 through 2021 “in furtherance of his drug trafficking.”
According to Branson Tri-Lakes News archives, a witness told investigators that in February 2021, he saw T.B. walking on the street and stopped to give her a ride in the cold weather. The witness said T.B. smelled so bad that he had to keep the car windows down. T.B. told the witness that her step-brother Vandorn and a friend of his named Drew had been having sex with her.
Multiple witnesses described the home where T.B. was being kept as being “full of trash and dog feces” to the point that some days the witnesses could not go inside due to the stench, according to the probable cause statement.
Investigators noted that because of T.B.’s “cognitive disabilities” she is unable to “alter the circumstances of her existence.”
Another witness told investigators that T.B. told her Vandorn would touch her “under her clothes” and that because Vandorn has molested the witness’s child she believes that Vandorn was also molesting his step-sister.
Court documents from 2013 show that Vandorn was initially charged in 2012 with First Degree Child Molestation after multiple victims between 10-years-old and 14-years-old claimed he had touched them “in a sexual way” while swimming in a pool, or playing “hide and seek,” at the same residence where the alleged abuse to T.B. also took place.
An adult cousin of Vandorn had told investigators in September 2012 she was aware of “Andy and his sexual behavior,” that he “always had a sexual problem,” and that she was also a victim of his behavior.
Vandorn took a plea deal with prosecutors, where instead of first degree child molestation which could have brought a prison term of up to 15 years in prison, he pleaded guilty to second degree child molestation and was given a suspended execution of sentence of one year in county jail, with two years on supervised probation. That probation was revoked in May 2015 by Judge Laura Johnson and the jail sentence was reinstated minus time already served awaiting his court hearing.
Vandorn is listed on the Missouri Sex Offender Registry.
If convicted, Vandorn could be sentenced to five to 15 years in state prison on the Financial Exploitation of an Elderly or Disabled Person. The remaining charges are considered “unclassified”, meaning that Vandorn could be given maximum sentences of life in prison and a $250,000 fine.
Just as with the case of Ann Schilling, who is charged with crimes against the same victims, the prosecution is being led by Assistant Taney County Prosecuting Attorney Kelli Anderson. Vandorn is defended by public defender Christopher Hatley.
Vandorn’s next scheduled court appearance is Sept. 30, 2021 before Judge Renee Tiffany Yarnell.
A California woman drove off in the middle of the night, crossing state lines to get her father out of a financially dangerous conservatorship. NBC News’ Isa Gutierrez shares her story.
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Curtis Edward Smith, 61, was also charged with distribution of methamphetamine and possession of marijuana, the South Carolina Law Enforcement Division announced on Tuesday.
Police did not say how Smith and Murdaugh know each other, but Murdaugh has already admitted to having a drug problem.
Smith’s arrest and the charges are the most astounding development yet in a saga with more twists than a Lowcountry backroad that already included a double murder, drug addiction, and allegations of embezzlement.
Murdaugh, 53, is the scion of a powerful legal dynasty and was a partner in the firm Peters, Murdaugh, Parker, Eltzroth, Detrick, which was founded by his great-grandfather.
In 2019, the clan—which controlled the local prosecutor’s office for decades—was thrust into the headlines when Murdaugh’s son Paul was charged with a drunken boating accident that killed a young woman.
Then in June, Alex Murdaugh discovered Paul Murdaugh, 22, and his mother Maggie, 52, shot to death near the dog kennels of the family’s sprawling hunting estate.
As the double homicide remained unsolved, Alex Murdaugh’s life appears to have spiraled out of control.
Two weeks ago, he called 911 from a country road to report that he had been shot in the head, reportedly while changing a tire. The circumstances were shrouded in confusion—and then things got even murkier.
Murdaugh suddenly announced that he was entering rehab for drug addiction and resigning from his law firm, saying that he had made “a lot of decisions that I truly regret.”
That intriguing statement
was then followed by the firm’s announcement that Murdaugh was under
investigation for allegedly misappropriating funds—a matter that state
police are also now probing.
Amanda Bynes will remain under a conservatorship for another year and a half — for now. A judge made the ruling after a recent status hearing. Details surrounding the decision are not part of the public record.
According to court documents viewed by Yahoo Entertainment, the conservatorship must file its next update by Jan. 25, 2023. The next status hearing is scheduled for March 8, 2023. Amanda's mother, Lynn Bynes, serves as conservator.
A lawyer for Amanda tells Yahoo Entertainment it's "misleading" to categorize the conservatorship as extended.
"Because Amanda's person is conserved for medical reasons only, a health status report is required to be filed every two years with the court. The recently filed status report was approved by the court," David A. Esquibias explains to Yahoo. "Should the conservatorship continue, the next status report is due in two years. This does not mean the conservatorship was extended for two years. The conservatorship can be terminated at any time for good cause."
The 35-year-old actress was placed in a temporary conservatorship in 2013 after multiple run-ins with the law. Amanda previously opened up about mental health and substance abuse challenges. She stayed mostly out of the spotlight and enrolled in the Fashion Institute of Design & Merchandising (FIDM). In 2019, she relapsed. She met fiancé Paul Michael while at a sober living home.
The She's the Man star celebrated 14 months of sobriety in March 2020, but had a challenging year. Amanda's lawyer confirmed she checked into a treatment facility, but denied it had to do with substance abuse.
"Any reports that Amanda is suffering from drug or alcohol addiction issues are completely false. She is seeking treatment for ongoing mental health issues," her attorney told Yahoo. "We ask for privacy during this time, and for any speculation about her personal life from the public and the media to cease so Amanda can focus on getting better."
After spending two months in treatment, Amanda returned to Instagram to tell her fans she was "back on track and doing well!" The child star "worked on coping skills to help with [her] social anxiety that caused [her] to drop out of school months ago." Amanda said she re-enrolled at FIDM.
"I'm now living in transitional living and doing therapy during the week," she shared.
Amanda stayed mostly out of the spotlight aside from a few social media posts. She was photographed holding hands with Michael in Dec. 2020.
This story was originally published on Sept. 14, 2021, at 1:24 p.m. ET and has been updated to include a comment from Amanda Bynes' lawyer.
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Rita Richards is a special
education teacher in the metro area. She’s taught hundreds of students,
but some occupy a special place in her heart. Zach is one those. Submitted |
Zach is one those. He was in Richard’s class for four years. He’s 26 years old now. He loves cheeseburgers, cool trucks, and always waves “hi” to police officers.
“Our relationship has changed just like other people's relationships through life change,” said Richards. “We started out with a teacher/student relationship, and then we became friends. Then it just kept evolving into where the more time we spent together, the more a part of our family that he became.”
When Zach’s mother couldn’t give him the care he needed, Zach became a ward of that state. That means the County Public Administrator became his guardian, in charge of taking care of his needs. It’s an elected position.
Richards and her family stepped up to provide support for Zach. It started with Zach visiting a couple of times of month. Richards would often get his former classmates together at her house. They had birthday parties for him and shared holidays together.
“He started seeing us as his family and we see him as a part of our family,” said Richards. “We love Zach.”
A few years ago, Rita says, things “started to go south.” Rita says things changed when a new public administer, Sarah Mills Rottgers took office in 2017.
Rita noticed some changes in Zach, he was losing weight and his personal hygiene was being neglected. She started visiting Zach in his group home more frequently. She found the house was lacking in certain foods. She found wet clothes on the floor.
“He had toothpaste, but no toothbrush,” said Richards.
She started documenting problems and asking questions. That’s when she says the Public Administrator pushed back. She invited Richards to a meeting with a lawyer.
“The attorney asked me rhetorical questions,” said Richards. “’Are you a doctor? Are you a dentist?’ I felt like that was trying to put me in my place.”
Then Rita showed up at Zach’s house one day, Zach was gone. He’d been moved. And Richards was banned. She didn’t understand why. The move stunned fellow teachers, her supervisor and the parents of other Richards’ students.
She wondered, “Why wouldn’t they want someone else looking out for their wards?”
At that point, Richards dug in. She knew she had to fight to continue caring for Zach. She hired a lawyer to get her visitation rights restored. Richards says she never thought it would get to this--a lawyer and a fight that has consumer her.
It’s been a long battle—more than two years now. Finally, a court date was set for a bench trial in July, but then, that was delayed. In the meantime, Sarah Mills Rottgers submitted her resignation.
Last week, another court appearance. This time, to set a new bench trial date. Richards and the “Zach Pack” turned out in force. Carrying signs to bring awareness to their cause.
“Rita was just asking valid questions,” said Heather Tice, Richards’ former co-worker. “Questions family would be asking if they were in his life.”
“I think from Zach’s perspective, it’s pitiful,” said Sally Morgan Smith, another supporter and former supervisor. “Does he even know Rita and Ron are fighting so hard to see him?”
It’s likely he does not. But Richards says she’s committed—she’s “never going away.”
“I'm sure he misses us just as much as we miss him,” said Richards.
It’s important to remember that no one has broken any laws. Everything that has happened concerning Zach was perfectly legal. But the Zach Pack believes that it doesn’t make it right.
There is another court date set for October. Rita vows she’ll be there, the Zach Pack will be there, and we’ll be watching.
KCTV5 reached out to the public administrator by phone, through email and on social media. We never heard back.
What does an expert think?
KCTV5 connected with author and Senior Director for Law and Policy of the Burton Blatt Institute at Syracuse University in New York. Jonathan Martinis was somewhat familiar with the case and said what’s happening Clay County is not surprising, but it is concerning.
Martinis says guardianships should not be dictatorships.
He says court appointed guardians and administrators have very little oversight and people with disabilities often have fewer rights than an axe murderer. Pointing out if Zach was in a prison, people could easily communicate and visit with him. Right now, that’s not the case.
“There's nothing wrong with a guardian saying you should not be hanging out with child molester or if we have evidence that a person is dangerous. The problems are when a guardian decides that you should not see someone you want to see and who wants to see you, who poses no threat to you, because the Guardian doesn't like the person,” said Martinis.
Martinis says people with disabilities should have the right to life, liberty and the pursuit of happiness like all Americans. He points out the person being harmed in personality conflicts in generally the ward.
He says 40 years of science reveals people with disabilities lead fuller lives and are much happier when they can engage in supported decision-making.
“If a guardian takes away someone's friend on a
whim, or because they just don't like that person. The Guardian becomes a
dictator, then the guardianship becomes about the Guardian, and that's
the exact opposite of what's supposed to happen,” said Martinis.
HAMPTON COUNTY, S.C. (WCBD) – An attorney for Alex Murdaugh — the disbarred South Carolina lawyer whose wife and son were killed just three months ago — was ousted from his family law firm after misappropriating company funds, Murdaugh’s attorney says.
Murdaugh’s removal from the law firm came just days before he was shot in the head while changing a tire. The attorney says that Murdaugh “is accepting full responsibility for his conduct.”
Murdaugh’s attorney said that “Alex is deeply sorry for his actions,” and plans to pay back all of the monies he misappropriated, which was confirmed to be in the millions.
Murdaugh previously issued an apology for a series of recent mistakes and announced that he plans to enter rehab, which his brother Randy indicated was for a drug problem.
Murdaugh said that his recent behavior was exacerbated by the June 7 murders of his wife and son, who were found shot to death at a family hunting lodge.
On Saturday, Alex Murdaugh told police someone shot at him as he changed a tire on the side of a rural road. A family attorney has suggested someone cut the tire before Murdaugh left.
The attorney also said that Murdaugh “hopes that his conduct does not distract from law enforcement’s efforts to find who murdered his wife Maggie and son Paul.”
Report calls for greater regulation at facilities for those with learning disabilities after three deaths at Norfolk site
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| Ben King, 32, who had Down’s syndrome, died at Cawston Park hospital near Aylsham, Norfolk last year after going into cardiac arrest. Photograph: Family Handout/PA |
Private hospitals receiving millions to care for adults with learning disabilities and autism should face greater regulation, a report has warned, as a mother whose son was among three people to die at a facility in Norfolk said his death was a “scandal”.
The failures at Cawston Park Hospital near Aylsham should prompt a review to prevent further “lethal outcomes” at similar sites, the report, commissioned by Norfolk Safeguarding Adults Board (NSAB), concluded. It suggested that such facilities should “cease to receive public money”.
Ben King, 32, who had Down’s syndrome, died at Cawston Park hospital near Aylsham, Norfolk, last year after going into cardiac arrest.
The report’s author, Margaret Flynn, said that King had put on weight at Cawston Park, exacerbating his sleeping problems, and the day before he died his mother had pleaded with clinicians to get an ambulance for him.
No ambulance was sent and CCTV images shared with his inquest show he was subjected to rough handling and was slapped, Flynn told a virtual press conference.
The hospital closed earlier this year.
King’s mother, Gina Egmore, said his death was a “scandal”, adding: “If you ill-treat an animal, you get put in prison. “But people ill-treated my son and they’re still free.”
An independent report into the deaths of King, Nicholas Briant, 33, and 36-year-old Joanna Bailey, who all died at Cawston Park, said their relatives described “indifferent and harmful hospital practices”.
The report, published on Thursday, makes reference to “excessive use of restraint and seclusion by unqualified staff” and a “high tolerance of inactivity”. “Unless this hospital and similar units cease to receive public money, such lethal outcomes will persist,” the report said.
It added that “not a great deal has changed” since the abuse scandal at the former Winterbourne View private hospital near Bristol, which was exposed in an undercover BBC Panorama documentary in 2011.
The report into the deaths at Cawston Park has made 13 recommendations to a series of agencies including the Law Commission, suggesting a review of the law around private companies caring for adults with learning disabilities and autism.
“Given the clear public interest in ensuring the wellbeing and safety of patients, and the public sponsorship involved, the Law Commission may wish to consider whether corporate responsibility should be based on corporate conduct, in addition to that of individuals, for example,” the report said.
Flynn, who was commissioned by NSAB, said her report highlighted “failures of governance, commissioning, oversight, planning for individuals and professional practice”.
She said the three deceased “all had aspirations”. “They wanted to be near their families, to have friends and jobs or things to do each day,” she said.
“Their lives at Cawston Park hospital were characterised by unhealthy lifestyles of long-term under-occupation and were not shaped by their goals or interests. The distress of their parents sets an agenda that cannot be ignored.”
An inquest into King’s death heard he had been allowed to gain weight, there was a failure to diagnose the breathing condition obesity hypoventilation syndrome, and inadequate consideration was given to the use of the sedative promethazine.
Briant, who had learning disabilities, died at the hospital in 2018 after swallowing a piece of a plastic cup. His inquest heard he had a history of swallowing objects.
Bailey, who also had learning disabilities, died at the hospital in 2018. The charity Inquest said she died of sudden unexpected death in epilepsy and was not checked for two hours despite 30-minute checks being in her care plan.
Cawston Park was placed into special measures by the Care Quality Commission in 2019 and was closed by its owners, the Jeesal Group, earlier this year, NSAB said.
Joan Maughan, chair of NSAB, said: “This is not the first tragedy of its kind and, unless things change dramatically, it will not be the last. There will always be occasions when some people with learning disabilities and/or autism require specialist support for their very complex needs.
“This calls for a determined and robust commitment from all health, social care, housing and other agencies, at both a national and local level, to develop bespoke services matched to the individual, services that ensure safety, respect, care for their physical and mental health wellbeing, stimulating activities, and plans for a meaningful life in the future.”
A Norfolk police spokesperson said: “The circumstances surrounding Joanna’s death were fully investigated and a case was submitted to the Crown Prosecution Service against several staff members for the offence of a care worker wilfully neglecting an individual.
“However, due to insufficient evidence concerning Joanna’s time of death, it was not possible to proceed with the case because it could not be established whether Joanna was still alive when staff failed to provide CPR.
“The investigation into Ben’s treatment is ongoing and a number of inquiries have been carried out in an attempt to trace the suspect who is wanted by police.”
PA Media contributed to this report
