Tuesday, May 3, 2022

California mental health court won’t help homeless, advocates say. ‘This idea is broken’

By Lindsey Holden
About 75 percent of lifetime cases of mental illness begin by age 24, according to the National Institute of Mental Health. But the average delay between onset and intervention is 8 to 10 years, meaning people could go years before getting help. By Jim Donaldson

Last month, Gov. Gavin Newsom unveiled a plan to create a civil court system to compel treatment for people suffering from serious untreated mental illness, saying it’s time for the state to “take some damn responsibility to implement our ideals.” Newsom presented his proposal — the Community Assistance, Recovery and Empowerment Court, or CARE Court — as a way to help unhoused residents with conditions that cause psychosis. The policy is moving through the Legislature in the form of two bills — Assembly Bill 2830 from Assemblyman Richard Bloom, D-Santa Monica, and Senate Bill 1338 from Sen. Susan Eggman, D-Stockton, and Sen. Thomas Umberg, D-Santa Ana.

The bill is getting push-back from disability rights advocates, who say CARE Court forces treatment on mentally ill people with little regard for their civil rights. They also argue it wastes money that would be better spent on public education, early intervention and programming that doesn’t involve coercion. “We are neglected throughout the whole process, up until the point our condition is so severe that we can’t control it and we start doing things like breaking the law,” said John Vanover, legislative committee chair for the Depression and Bipolar Support Alliance of California. “And at that point, now, the governor wants to step in and make us criminals. So fundamentally, this idea is broken, just from that.”

How would CARE Court work? CARE Court would effectively create a new wing of the civil court system in all 58 of California’s counties that would allow a judge to order a mental “care plan” for those dealing with severe untreated mental illness. The program would apply to everyone who meets the criteria, but Newsom has repeatedly referenced it as a tool to help the homeless population. A person qualifies for CARE Court if they’re at least 18, diagnosed with “schizophrenia spectrum or other psychotic disorder,” are not receiving treatment, and lack “medical decision-making capacity,” according to SB 1338. California was home to nearly 162,000 homeless people in 2020, according to U.S. Department of Housing and Urban Development data. Nearly 38,000 people from that population — about 23% — were considered “severely mentally ill.”

CARE Court is meant to target the 10,000 to 12,000 people dealing with schizophrenia and psychosis who may qualify for the program, said Jason Elliott, a senior counselor to Newsom. The CARE Court program would enable a host of people — including family members, first responders and behavioral health professionals — to petition the court to create care plans for those who meet the criteria, according to SB 1338. County behavioral health departments would be responsible for carrying out the care plans. Those who don’t comply with their plans could be subject to California’s existing system of involuntary hospital stays and conservatorships.
 
President Ronald Reagan and Nancy Reagan at the Capitol in Sacramento. Mitch Toll Sacramento Bee file

Such programs have been in place since the 1960s, following the state’s shift away from mental health hospitals and toward community-oriented care.

Since California dismantled the hospital system, the state has primarily made use of the Lanterman-Petris-Short Act and Laura’s Law to care for people who suffer from severe mental illnesses. LPS — which then-Gov. Ronald Reagan signed in 1967 — ended the practice of long-term involuntary commitments to mental health institutions. However, it does allow involuntary hospital stays for those deemed a danger to themselves or others. The most well-known of these hospitalizations is the 5150 hold — nicknamed for the section of legal code in which it appears — which requires someone to receive treatment for 72 hours. LPS also created the conservatorship system, through which other people take responsibility for a gravely ill individual’s medical care and personal assets. Laura’s Law, passed in 2002, created an assisted outpatient treatment program that can be court-ordered after a person who’s mentally ill has repeatedly been hospitalized or arrested.  (Click to continue reading)
 
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Monday, May 2, 2022

Attorney Kerry Peck: ‘Financial exploitation of older adults is a horrific epidemic’

by: Pete Zimmerman

Elder law attorney Kerry Peck joins John Williams to talk about being appointed by the Illinois Supreme Court to chair a new commission on elder law. Kerry discusses some of the issues the new commission will tackle and the biggest concerns they need to address. Kerry also answers all of your elder law questions.

 

Nigerian National Extradited for Defrauding Elderly Victims and Money Laundering

 Department of Justice 
U.S. Attorney’s Office
Eastern District of Kentucky

FOR IMMEDIATE RELEASE
Wednesday, April 27, 2022
 

Nigerian National Extradited for Defrauding Elderly Victims and Money Laundering


LEXINGTON, Ky. -
A Nigerian national, Adedunmola Gbadegesin, has been extradited to the United States, on charges of conspiracy to commit wire fraud and conspiring to commit money laundering, stemming from the financial exploitation of elderly victims in the United States.           

According to a recently unsealed Court documents, a federal grand jury in Lexington returned an indictment charging Adedunmola Gbadegesin, 33, of Lagos, Nigeria, alongside two others, Olatunbosun Oluwakayode Ajayi, 34, of Atlanta Georgia, and Otunuya Ineh Eqwem Livingstone, 45, of Houston Texas, with conspiracy to commit money laundering.           

The indictment alleges that Gbadegesin and his co-conspirators collaborated to create fake online dating profiles, to post to online dating websites.  As part of the alleged conspiracy, the co-conspirators would engage in online chats, emails, and telephone calls with unwitting victims, who were located in the United States, including one in Lexington.  The indictment alleges that as part of the conspiracy, the co-conspirators would convince the victims to send money to the nonexistent romantic partners or give them access to their financial accounts, so the co-conspirators could initiate money transfers themselves.           

The indictment also alleges that Gbadegesin hired others in the U.S. to receive funds from victims and to launder those funds, so the funds could be returned back to Gbadegesin in Nigeria.  Those United States-based money launderers included Ineh Eqwem, Ajayi, and Ismaila Fafunmi.

Fafunmi pleaded guilty to his role in the money laundering scheme; and in August 2021, he received 51 months in prison.  Ineh Eqwem and Ajayi have also pleaded guilty for their roles in the money laundering scheme; they were sentenced to 24 months and 12 months, respectively.

Gbadgesin was arrested by Nigerian authorities on Sept. 22, 2021, in Lagos, Nigeria at the request of the United States. At the time of his arrest, Gbadgesein had been residing in Lagos, Nigeria.  Nigeria approved his extradition on March 21, 2021, and he was transferred into U.S. custody on April 26, 2022.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky, and Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, jointly announced the indictment.

The investigation preceding the indictment was conducted by the FBI.  The indictment was presented to the grand jury by Assistant U.S. Attorney Kate Dieruf.  The U.S. Department of Justice’s Office of International Affairs, the Economic and Financial Crimes Commission of Nigeria, the Nigerian Attorney General’s Office, the Central Authority Unity, and the FBI Louisville Field Office assisted with the extradition of Gbadgesein.

Gbadegesin has his first appearance in Court on May 2, 2022 at 11:30 a.m. He faces up to 20 years in prison and a maximum fine of $500,000.  However, any sentence following a conviction would be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes. 

This case is being prosecuted as part of the Department of Justice’s efforts to identify and prosecute those persons who facilitate elder financial exploitation.

The Department of Justice’s Elder Justice Mission, being carried out through the Kentucky Elder Justice Task Force, is to seek justice for victims of elder financial exploitation.  Anyone that knows someone, who may be a victim of an elder financial exploitation, is encouraged to contact law enforcement.

            Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.                                                                                                  

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Woman arrested for assault and elderly abuse in Merced

by Ishshah Padilla
 
A woman was arrested after police say she attacked an elderly man on Tuesday morning in Merced.

Police responded to the area of W. 27th St. and H St. shortly after 9 a.m. When they arrived, they found an elderly man covered in blood with injuries to his head and face.

Detectives say the man was walking along the Bear Greek path when Angela Carrillo, 18, struck the man in the head with a rock and attempted to throw that rock at the victim but missed.

Carrillo, officers say attacked the man for an unknown reason. She was booked into the Merced County Jail for assault with a deadly weapon and elderly abuse.

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Sunday, May 1, 2022

Massachusetts mom is honored by her grown kids in picture-perfect portraits

Though Anne Walsh, a mom of four, suffered from Alzheimer's, a touching series of photos captured her with care and kindness

By Deirdre Reilly

1950s-themed senior centers are providing comfort for people with Alzheimer's

One in nine people over the age of 65 have some form of Alzheimer’s, and the disease is only becoming more common, according to the Alzheimer’s Association. There’s no cure for Alzheimer’s, yet some senior daycare centers are using 1950s nostalgia to bring comfort to those who have it.

They say a picture is worth a thousand words — and it can be priceless, actually, if it brings back memories of a loved one's unique spirit and qualities after he or she has left this Earth.

This is what Julie Centrella, a wife, mother of three and small business owner in Reading, Mass., learned when she commissioned portraits of her mother, Anne Walsh, who struggled with dementia in her later years due to Alzheimer’s disease.

"In the beginning, she was good at covering things up, so we didn't really know how bad it was." 

"We had been watching my mother decline, and it was getting worse and worse," Centrella, 52, told Fox News Digital in an interview. 

"In the beginning, she was good at covering things up, so we didn’t really know how bad it was."

Until her symptoms began, Walsh was living a full and productive life.

Anne Walsh emigrated to Boston as a young woman. She married, raised four children and became a grandmother to seven grandchildren.  (Joe Wallace )

Born in 1935 in County Galway, Ireland, into a family that would eventually include 16 children, Anne Walsh emigrated to Boston as a young woman. She married and raised four children, eventually becoming "Nana" to seven grandchildren. She loved fashion and was a very good cook, said Centrella. She was also a person of deep faith

Anne Walsh was widowed for the last 25 years of her life. After her Alzheimer's diagnosis, her daughters moved her from the south shore of Massachusetts to the Boston area, so she could be closer to them. 

"My mom’s speech began to be affected, her sentences were jumbled, and it was getting really hard to even carry on a conversation."

Walsh endured Alzheimer’s for 15 years before she passed away on Dec. 8, 2021, at the age of 86.

Today, an estimated 6.2 million Americans ages 65 and older are living with Alzheimer's dementia (though those numbers could be higher). The numbers could rise to 13.8 million people by 2060, according to the National Institutes of Health.

ALZHEIMER'S IS IMPACTING 6.5 MILLION OLDER AMERICANS

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Greene County judge sanctioned by Ohio Supreme Court

Credit: Greene County courts

By London Bishop

A Greene County Probate Court judge has been sanctioned by the state Supreme Court for berating a man who publicly questioned whether the judge should recuse himself in cases in which his daughter represents parties.

Judge Thomas O’Diam of Xenia received a six-month stayed suspension related to a series of events in mid-2019 in which he and his daughter spoke harshly to a man in his courtroom.

The Supreme Court of Ohio voted 5–2 to suspend O’Diam. The suspension is stayed on the condition that he commit no further misconduct and complete six hours of judicial education focused on judicial demeanor, civility, and professionalism.

“This was an isolated incident, in an otherwise unblemished legal career spanning more than 36 years, that happened over two and a half years ago,” O’Diam said in a statement Thursday. “I handled a status conference poorly. I did not treat Mr. Buccalo with the patience, dignity, and courtesy he deserved, and for that I am truly sorry.

“I acknowledged my mistake and apologized for it,” O’Diam continued. “It never happened before and has never happened since. I am glad this matter is behind me and I look forward to focusing on the important business of our court, as I have done for the past eight and a half years.”

In a per curiam opinion, the Ohio Supreme Court concluded that Judge O’Diam violated the judicial code that “a judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers ... and others with whom the judge deals with in an official capacity,” and requires that lawyers in their court also conduct themselves the same way.

O’Diam’s daughter, Brittany was handling the estate case of Grant David Buccalo’s mother. Brittany O’Diam has represented clients in her father’s court on 45 occasions over the past seven years without Thomas O’Diam recusing himself. In all of those cases, Brittany O’Diam has filed a waiver of disqualification, a form which all parties sign acknowledging the judge’s potential conflict of interest and agreeing to proceed.

Buccalo then attended a Greene County Commission meeting in 2019 and told commissioners he thought O’Diam “should recuse himself from cases in which ‘family members’ represent parties.”

Buccalo told commissioners: “Justice depends on the appearance as well as the reality of fairness in all things. Otherwise, it erodes public confidence in the legal system.” He went on to tell county commissioners people need to feel that they “got a fair shake” when they leave the courtroom, and that it “wasn’t rigged.” Buccalo did not specifically mention his mother’s estate case or express concern about his own involvement with O’Diam. He also did not inform the commissioners that he had signed a waiver of disqualification.

After learning about those statements to the commissioners, O’Diam set a status conference for Buccalo’s estate case. At this status conference, O’Diam played the recording of Buccalo’s comments at the commission meeting and “interrogated” Buccalo for almost an hour, court documents say. Thomas O’Diam then let Brittany O’Diam question Buccalo without restriction.

Thomas O’Diam told Buccalo he took the comments to county commissioners personally and accused Buccalo of proceeding to “trash” him, according to court documents.

At one point, Buccalo asked for water, which he was denied. His experience at the status conference “had a profound effect on his mental health and his relationship with his family,” court documents state.

The Ohio Board of Professional Conduct had recommended that O’Diam be suspended for six months and be immediately suspended from his judicial office without pay.

Brittany O’Diam also is the subject of a misconduct complaint from the Ohio Supreme Court’s Office of Disciplinary Counsel for the same incident. A hearing in that case is scheduled for May 2.

Justices Sharon Kennedy, Patrick Fischer, Patrick DeWine, Michael Donnelly, and Melody Stewart joined the opinion. Chief Justice Maureen O’Connor and Justice Jennifer Brunner concurred in part with the Court’s opinion but stated they would impose the board’s recommended full suspension without pay.

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Employee at group home owned by Diyonne McGraw arrested for abuse of a disabled person

Wanda Denise Thomas

BY JENNIFER CABRERA

Wanda Denise Thomas, 59, an employee of both the Florida Department of Children and Families (DCF) and Easy Living Group Home, which is owned by Alachua County School Board candidate Diyonne McGraw, was arrested last night and charged with two felony counts of abuse of an elderly or disabled adult.

The arrest report states that a deputy from Alachua County Sheriff’s Office responded to the Easy Living Group Home at 2673 SE 18th Avenue in reference to a DCF investigation. According to the report, the business provides housing for mentally disabled adults, and the victims in this case are vulnerable adults due to intellectual impairments.

The case began with an anonymous report to DCF, alleging abuse to two or more residents in the home, specifically that the victims had been struck with a belt and had bruises on multiple areas of the body. Because Thomas, the suspect, is an administrative assistant at DCF in Alachua County, the investigation of the case was handled by a DCF investigator from Marion County.

The deputy reported that he spoke with a caretaker on site at the group home, and the employee said that the home is owned by Diyonne McGraw and that his direct supervisor is Rodney Johnson. The employee told the deputy that he had noticed bruises on two residents starting around March 11 and that he had documented the injuries with photos.

Interviews with the injured residents were difficult because the residents have difficulty communicating, but both were able to point to the locations of the injuries, even in cases where those injuries had healed. One resident reportedly mentioned “Wanda” and “belt” while lifting his shirt to show where he had been injured. Another resident still had visible injuries, including long, narrow bruises that are “consistent with being hit by a belt.”

Other residents who are high-functioning and better able to communicate stated that they had observed Thomas striking the two residents, one “due to his behavior” and the other “for not listening to instructions given by Wanda and for his random screaming throughout the day.”

Thomas’ supervisor at DCF told the deputy that Thomas had spoken with her about how difficult it could be at times to work at the group home. The report continues, “Wanda stated that she uses a belt to control the unruly residents to which [the supervisor] informed her that she cannot do that. Wanda seemed confused and asked why not before again saying that she does it and that her supervisor is aware that she uses a belt to hit the residents.”

The DCF supervisor also said that Thomas told her she has seen bruises on the residents, and the supervisor reminded her that she is a “mandatory reporter” who is required to report injuries to DCF when they are brought to her attention. The report states, “Wanda advised that she has not reported the injuries in fear of losing her job.”

Thomas’ supervisor at the group home, Rodney Johnson, reportedly told the deputy that he was not aware that Thomas used a belt or physically disciplined the home’s residents.

Thomas has been charged with two counts of abuse of a disabled adult; she has been released from the jail on her own recognizance with the condition that she not return to the group home.

Diyonne McGraw and DCF have not responded to our requests for comments.

Articles about arrests are based on reports from law enforcement agencies. The charges listed are taken from the arrest report and/or court records and are only accusations. All suspects are innocent until proven guilty in a court of law. 

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Saturday, April 30, 2022

Guardianship bill amended to create task force

A bill that would have provided basic protections for people under a court-appointed guardianship will now, if approved, create a task force to study the issue in-depth.
 
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Perry County attorney disbarred after corruption of minors, other charges

by: Avery Van Etten

Judge Michael Schechterly

PERRY COUNTY, Pa. (WHTM) — After pleading guilty to charges including inappropriate contact with minors last November, Perry County judge and attorney Michael Schechterly was disbarred on April 26 by order of the Supreme Court of Pennsylvania.

Schechterly was previously suspended from the Bar of Pennsylvania. He was sentenced in February to at least 60 days and no more than 23 months in prison in connection to charges including corruption of minors, intimidation of witnesses/victim, and obstructing administration or law of other governmental functions.

A Pennsylvania State Police investigation found that Schechterly sexually assaulted a 12-year-old boy in 2012, according to Attorney General Josh Shapiro.

The attorney general also said that Schechterly used his authority as a judge to intimidate a woman who was a witness and an alleged victim in an investigation of sexual misconduct by a state constable and prevented her from coming forward with her allegations.

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