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Police can seize heirlooms in family disputes

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RESTON, Va. (ABC7) — Several Fairfax County Police officers spent five hours at a Reston home, not carrying out drugs, guns, or dangerous materials. Instead, police carried out china, vases, and teapots.

“I get out of the shower with a towel around me, I'm dripping wet. I see two figures right outside my bedroom door saying, ‘This is the police. We have a search warrant,’” said homeowner Liz Skarlatos.

That search warrant came because a family member watched a 7 On Your Side interview with Liz Skarlatos about guardianship court disputes involving her elderly father.

According to a search warrant obtained by the ABC7 I-Team, that viewer noticed some heirloom teapots and vases she believed belonged to her, told a Fairfax County Police detective who filed a larceny search warrant.

Liz' brother Matt was at the house when the search warrant was served.

“It was an awful use of the police's time and talent,” he recalled.

Fairfax County Police declined to answer questions about the search warrant other than stating procedure was followed. The search warrant itself states no other reason for sending several officers into the home of two people with no reported criminal history looking for heirlooms and documents.

In another bad day for the Skarlatos family, their father Paul Skarlatos, at the center of the guardianship dispute, died at his assisted living home July 16.

"These are family heirlooms that belong to my mother and father through my mother’s side of the family and they were given to us by our parents,” said Liz Skarlatos, who has gathered photographs she says establishes ownership of the heirlooms through the decades.

Weeks after the home seizures, there are still no charges filed against the Skarlatos siblings. The heirlooms remain with police.

“Quite honestly the most horrifying experience of my life,” added Liz Skarlatos. “I haven't been able to sleep very well. I'm taking a shower 2 hours early because I want to make sure I'm dressed in case someone busts my door down…Families should be absolutely scrutinizing any final arrangements they have with their loved ones.”

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Police can seize heirlooms in family disputes

Aretha Franklin left no will or trust, court records show

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The finances of an intensely private Aretha Franklin soon will become very public in Oakland County Probate Court because she left no will or trust.

Her four sons filed a document Tuesday afternoon listing themselves as interested parties in her estate. One document filed with the court and signed by her son Kecalf Franklin, and her estate attorney, David Bennett, check a box acknowledging the absence of a will.

"The decedent died intestate and after exercising reasonable diligence, I am unaware of any unrevoked testamentary instrument relating to property located in this state as defined" under the law, the form reads.

Franklin's niece Sabrina Owens asked the court to appoint her as personal representative of the estate. The case is assigned to Judge Jennifer Callaghan.

"I was after her for a number of years to do a trust," said Los Angeles attorney Don Wilson, who represented Franklin in entertainment matters for the past 28 years. "It would have expedited things and kept them out of probate, and kept things private."

As Franklin's attorney in copyright matters, song publishing and record deals, Wilson said he would have been consulted about her holdings for any estate planning purposes.

 Wilson said that at this point it's impossible to place a dollar figure on the value of her song catalog. He said she did maintain ownership of her original compositions, which include well-known hits such as "Think" and "Rock Steady." 

Under Michigan law, the assets of an unmarried person who dies without a will are divided equally among any children.

Franklin's decision to not create a will before she died could prompt a court battle over her assets by creditors or extended family members seeking a portion of her estate. One case Wilson has been involved with is that of musician Ike Turner, whose estate is still being litigated 11 years after his death.

"I just hope (Franklin's estate) doesn't end up getting so hotly contested," Wilson said. "Any time they don't leave a trust or will, there always ends up being a fight."

Wilson said many people, famous and not, fail to prepare a will.

"Nobody likes to give careful thought to their own demise," he said.

Franklin died Thursday at home in Detroit. Her funeral is Aug. 31 at Greater Grace Temple, following public viewings at the Charles H. Wright Museum of African American History (Aug. 28-29) and New Bethel Baptist Church (Aug. 30).

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Aretha Franklin left no will or trust, court records show

Parents Are Hard to Raise

Star Trek ‘Lt. Uhura’ on 1960s TV Now Target of Court Battle Over Conservatorship

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Nichelle Nichols
A friend of 1960’s TV “Star Trek” actress Nichelle Nichols filed court papers Thursday challenging the need for a conservatorship over the 85-year-old actress, contending that Nichols’ son and the appointed temporary co-conservators are not acting in her best interests.

Nichols played Lt. Uhura, a translator and communications officer, aboard the USS Enterprise in the “Star Trek” series that ran on NBC from 1966-69, and also appeared in some of the “Star Trek” movies.

Los Angeles Superior Court Judge Barbara Johnson did not immediately rule on any of the issues raised by Angelique Fawcette, a producer and actress based in Ventura County who also is seeking a new judge in the case. Instead, Johnson set a Sept. 10 hearing on whether Fawcette has a legal right to ask Johnson to remove herself from the case.

Last week, the co-conservators filed court papers stating that a geriatrician who examined Nichols concluded that she suffers from “moderate, progressive dementia.” But Fawcette says Nichols can manage her affairs with the help of a regular assistant.

On May 14, Johnson named four individuals to serve as temporary co-conservators of Nichols. The judge said she granted the petition brought by Nichols’ son, Kyle Johnson, even though she was concerned about the potential cost of the conservatorship to the Nichols estate.

The temporary conservators — Norine Boehmer, Dawn Mills, Susan Ghormley and Leandra McCormick — are “professional fiduciaries” whose full-time job is to take care of the money or other assets of another person. Johnson said they will remain Nichols’ temporary co-conservators at least until Sept. 19.

But Fawcette, who states in her court papers that she met Nichols in 2012 while casting a film, says her friend does not need a conservator and that she can still perform such routine tasks as showering, dressing, putting on makeup and traveling to conventions without assistance.

“Nichelle requires only limited assistance with some of the activities of daily living, which can be provided by a caregiver, assistant or myself,” according to Fawcette.

On Aug. 8, the temporary co-conservators filed court papers stating that Dr. Meena Makhijani, a Woodland Hills geriatrician, concluded that Nichols lacks the mental capacity to consent to any form of medical treatment and that the actress had been prescribed 12.5 milligrams of a dementia medication daily “as needed for agitation.”

But according to Fawcette, Nichols’ ability to recall matters is not seriously impaired.

“I did not observe that Nichelle has any significant memory issues that would prevent her from managing her own business, financial and/or personal affairs,” according to Fawcette.

She also said in a sworn declaration that Johnson, whom she met in 2013, appeared to care little about his mother’s health or well-being.

“I know that Kyle rarely visits Nichelle, if at all,” according to Fawecette.

Fawcette submitted for court review a video which she said demonstrates that Nichols travels to “Star Trek” conventions and still gets excited to meet fans and sign autographs.

Nichols also talks in the video about her conflicts with Johnson over her desire to keep working and how he “does not understand her love for her career,” according to Fawcette.

“As late as March 2017, (Johnson) told (Nichols) that he `can’t wait to get rid of her (expletive) and sell her house and property,”’ Fawcette alleges.

Fawcette further argues that if a court nonetheless finds that a permanent conservatorship is necessary, the four temporary co-conservators should not fill the role because they allegedly are not acting in Nichols’ best interests. Fawcette alleges in her court papers that one of the temporary co-conservators gave Nichols’ former assistant $6,500 “to keep silent about her knowledge of the current estate of Nichelle’s affairs as they are affected by the temporary co-conservators.”

Nichols walked Fawcette down the aisle at the latter’s wedding and Fawcette views her “like a mother,” according to Fawcette’s court papers.

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Star Trek ‘Lt. Uhura’ on 1960s TV Now Target of Court Battle Over Conservatorship

Lessons From Buzz Aldrin Guardianship: Twin Filings Put Focus on Abuse

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Buzz Aldrin on the Moon
Buzz Aldrin was the second person to set foot on the moon’s surface and only 12 people have set foot there. But now he is one of an estimated one and a half million adults who are the subject of guardianship proceedings in the United States. The guardianship case was filed in Brevard County, Florida, on May 30, by two of Aldrin’s three children and by his business manager. Aldrin has vigorously opposed the proceeding and in response filed a separate action charging them with breach of fiduciary duty; exploitation of the elderly; constructive fraud; unjust enrichment; undue influence, conversion and conspiracy.

It is not possible at this time to assess the strength of the allegations of the guardianship or the verified complaint filed in response. The guardianship file is sealed and the responsive suit is a public record so only one side of the case is revealed. In addition, these cases have only been recently filed and it is too early to predict the outcome of either one. It is appropriate at this time however, to call attention to Aldrin’s response to the guardianship, suggesting that the best defense may be an offense.

The Florida Guardianship


Aldrin, age 88, has named his children to important position in the several interests he has created (Buzz Aldrin Enterprises, Inc; Buzz Aldrin Space Foundation, Inc.; Sharespace Foundation, Inc., Aldrin Space Institute and Aldrin Center for Entrepreneurship in Space) indicating a close familial relationship at one time. He has also named one of his sons as trustee of a revocable trust and agent under a power of attorney. But, similar to the fate of Shakespeare’s King Lear, it does not appear that the loving relationship has continued, resulting in the filing of a guardianship petition. It has been reported that within the guardianship petition is an allegation that Aldrin is “in cognitive decline.” There may also have been specific allegations that he suffers from dementia and Alzheimer’s disease.

Florida statutes require that within five days after a petition for determination of incapacity has been filed the court must appoint a three-member “examining committee.” One member of the committee must be a psychiatrist or other physician. The other two members of the committee must be either a psychologist, or gerontologist, or another psychiatrist or physician, or registered nurse, or nurse practitioner, or licensed social worker, or person with an advanced degree in gerontology from an accredited institution of higher learning or a person appointed at the discretion of the court. A comprehensive examination must be made of the alleged incapacitated person and it must include a physical examination, a mental health examination and a functional assessment. Each committee member must submit a written report.

Buzz Aldrin’s Response


The unusual aspect of this case is the response of Aldrin to the guardianship filing. Most subjects of a guardianship who disagree about the need for the court intervention present their defense in the original proceeding. In this case, Aldrin filed a separate action on June 7, against his children (and his business manager and several organizations with which he is associated). Aldrin’s verified complain paints a picture of a celebrity with the capacity to manage his own affairs who is being manipulated by his children and business manager for their own selfish ends. The specific language of the complaint alleges that the defendants:

“… have assumed control and access to the plaintiff’s personal credit cards, bank accounts, trust money, space memorabilia, space artifacts, social media accounts and all elements of the Buzz Aldrin brand.”

“… have been for the past number of years been slandering the plaintiff in public and/or to other individuals or small groups by stating the plaintiff has dementia and Alzheimer’s. The defendants have used this tactic to gain further control over the plaintiff’s personal relationships, business contacts and assets.”

“… have effectively established a de facto guardianship over the plaintiff.”

“… have forbidden the plaintiff to marry and specifically and deliberately have undermined bullied and defamed all of the plaintiff’s personal romantic relationships.”

He also charges defendants with exploitation of the elderly. “Plaintiff is a vulnerable adult, as defined by Florida Statutes and pursuant to Florida Statute Section 415.111, due to the plaintiff’s advanced age of 88 years. Defendant Andrew Aldrin, individually exploited the plaintiff by knowingly and through deception or intimidation deprived the plaintiff of his finances, property and knowledge of the plaintiff’s business affairs.”

Response of Defendants to Suit by Buzz Aldrin


It is noteworthy that in the case initiated by Aldrin, there is a motion by the defendants asking that the court take judicial notice of the reports from Dr. Margaret Rank, Carmal Morelli, RN and Marti Jo McCoy, LCSW. They are each identified as member of the “examining committee” in the separate guardianship case. The examining committee reports are described as confidential and therefore not attached to the motion. The fact that the defendants sought to have the court made aware of the examining committee reports is an indication that the defendants believe the reports contain matters that are favorable to their position and unfavorable to Aldrin. In addition, the defendants have filed a motion for a stay of the proceeding initiated by Aldrin pending the outcome of a ”… previously filed action to determine the capacity of the plaintiff.”

Conclusion


Aldrin joins a list of many well-known individuals who have been the subject of guardianship proceedings (Brooke Astor; Sumner Redstone; Glen Campbell; Mickey Rooney; Casey Kasem and Zsa Zsa Gabor). The proceeding was brought despite the fact that Aldrin had executed a power of attorney and revocable trust agreement, documents often thought to obviate the need for a guardianship. In the Aldrin case, as in many of the other high-profile guardianships, the proceeding is evidence of fractured family relationships.

The cases also demonstrate that no one is immune from the possibility of being the subject of a guardianship. Status alone or financial wealth alone or the use of inter-vivos estate planning documents alone is not enough to ensure that an older individual is insulated from a guardianship proceeding.

The twin filings in this case are a part of the current debate over whether the guardianship statutes are protecting the elderly from abuse or subjecting them to abuse. Once a rather unusual proceeding, the guardianship is now commonly a part of the trust and estates practice.

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Lessons From Buzz Aldrin Guardianship: Twin Filings Put Focus on Abuse

Marti Oakley On Guardians Stealing Elderly Assets

Lakewood Lawyer Stole Millions From Trust Fund

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LAKEWOOD, CO – A Lakewood lawyer was sentenced Wednesday for stealing $1.4 million from accounts set up by his deceased grandfather to take care of his late 89-year-old step-grandmother.

Glenn William Gregory, 56, was sentenced in Jefferson County to four years in prison, according to the First Judicial District Attorney's office. Gregory pled guilty on July 23 to one count of theft from an at-risk person over $500.

Last year, Gregory was convicted and sentenced to eight years for stealing $1.3 million from an associated trust fund, set up by his grandfather John B. Villano for the care of his step-grandmother Martha Violet Villano. Gregory will serve the four years consecutively after the previous eight-year sentence, the DA's office said.

According to the Denver Post, Gregory, who had the power of attorney for the account, was found guilty in 2017 of draining the trust down to $24 between 2006 and 2015. Martha Villano died ten days after the jury rendered a verdict in June of 2017.

In the most recent case, Gregory was found guilty of transferring more than $1.4 million from the trust account to his personal and law firm bank accounts.

Investigators said Gregory spent $440,000 from the trust between Feb. 2008-Feb. 2015 for hotels and travel in Nevada at various casinos, and ATM withdrawals in Nevada and Blackhawk, Colorado "which appear to be related to gambling," the arrest affidavit said.

Gregory shuttled money through his personal and company bank accounts. Investigators found that approximately $112,000 was paid from Dec., 2007 through Sep., 2016 to "what appear to be phone/on-line computer sex services." They also noted that $260,000 was paid to PayPal or an online company called Web-Tokens.com, that advertises itself as a service where purchases are "strictly confidential," the arrest affidavit said.

He also gave money to family members in multiple-thousand dollar gifts around the Christmas holidays, investigators found.

All told, Gregory was convicted of stealing $2.7 million from the trust funds.

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Lakewood Lawyer Stole Millions From Trust Fund

Probate Judge's Alleged Affair With Opposing Lawyer Exposes Estate Judgment to Challenge

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The Texas Court of Appeals has ruled that the losing party in a multimillion-dollar estate dispute can challenge the final judgment in that case based on allegations that the Dallas probate judge who presided over it had an “undisclosed personal relationship” with an opposing lawyer during the litigation.

The case was handled by John Peyton Jr., a former Dallas associate probate judge who entered into a voluntary agreement resigning from office earlier this year in lieu of discipline from State Commission on Judicial Conduct. According to the February agreement, Peyton resigned after the publication of an article in the April 2017 edition of D Magazine called “Ardor in the Court,” which detailed Peyton’s alleged affair with Dallas probate attorney Mary Burdette.

Peyton in his resignation denied the allegations.

After a final judgment was signed in Thomas v. 462 Thomas Family Properties, lawyers for Robert Thomas filed a bill of review before the trial court alleging that Peyton had had a personal relationship with the opposing lawyer during the pendency of the trial, which he did not disclose, that “destroyed the integrity of the proceedings.”

The bill of review seeks to set aside Peyton’s rulings in the case and claims the judge’s alleged misconduct could not have been discovered before the case was resolved in his court. Following a hearing, another Dallas probate court judge dismissed Thomas’ bill of review with prejudice—a decision he appealed to Dallas’ Fifth Court of Appeals.

In its Aug. 2 decision, the Fifth Court ultimately concluded that the trial court erred by dismissing Thomas’ bill of review, noting he couldn’t have known about Peyton’s alleged misconduct conduct in time to file a pretrial motion to recuse the judge within statutory deadlines.

“Assuming appellant’s allegations, as well as reasonable inferences drawn from them, are true, appellant neither knew nor reasonably should have known that the grounds for recusal existed. Thus, a motion to recuse filed after the tenth day before trial would not have been untimely,” wrote Justice Craig Stoddart.

“Applying the notice pleading standard and liberally construing appellant’s petition according to his intent, we conclude the trial court erred by dismissing his petition for equitable bill of review as lacking any basis in law at this early stage,” Stoddart wrote, remanding the case back to the trial court for further rulings consistent with the opinion.

Rob Gilbreath, a partner in Dallas’ Hawkins Parnell Thackston & Young who represents Thomas on appeal, is pleased with the decision.

“We believe the allegations of a close personal relationship between the trial judge and opposing counsel during trial justifies a new trial,’’ Gilbreath said.

Robert Dubose and Doug Alexander, partners in Alexander DuBose Jefferson & Townsend who represent appellees 462 Thomas Family Properties, both did not return calls for comment.

Peyton, who now works as the director of probate operations for the Dallas County probate courts, did not return a call for comment.

According to his voluntary agreement to resign from office, Peyton denied the allegations against him in their entirety. The commission initiated an investigation into Peyton’s conduct in February 2017 after receiving a letter from his attorney, Randy Johnston, detailing a “series of events” that he believed would be made public in the D Magazine article.

Johnston did not return a call for comment.

Burdette, whom according to pleadings in the case has not appeared as counsel for the defendants in the bill of review proceedings, also did not return a call for comment.

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Probate Judge's Alleged Affair With Opposing Lawyer Exposes Estate Judgment to Challenge

Legal troubles continue for couple who ran adult care facility where raid turned up drugs, weapons

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Russell Cockerham
A Sept. 5 preliminary exam is scheduled for a judge to determine if a case will proceed against a Highland couple charged with drug and weapons crimes following a raid at their adult care facility.

Russell Cockerham, 48, faces several counts of felony drug possession and intent to deliver, and six weapons charges, in connection with an Aug. 2 raid by the Oakland County Narcotics Enforcement Team at 1288 Essay Lane, where he and several other family members lived. It was also where he and his wife, Angela, operated Carter Country Homes, Inc., providing foster care for a handful of elderly clients.

Angela Cockerham, 45, is charged with felony possession of cocaine. Both are out on bond and required to submit to regular drug and alcohol testing.

Carter Country Homes, Inc. obtained licensure in 1999.

Days ago, the state’s Department of Licensing and Regulatory Affairs issued an order of summary suspension and notice of intent to revoke the group home’s license. Reasons listed include failing to protect residents, not reporting a change in the household and not appropriately maintain the premises.

Angela Cockerham
The violations are related to the recent criminal charges, as well as Angela Cockerham not informing LARA that her adult children were living in the home and for the Cockerhams not providing a physically safe environment for the foster care clients, according to LARA.

The resident clients reportedly told authorities that Russell Cockerham smoked marijuana and sold drugs out of the home.

Bob Wheaton, spokesperson for the Michigan Department of Health and Human Services, said five clients were confirmed to be living at the facility. Adult Protective Services offered assistance to their guardians or family members regarding other living arrangements, he said.

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Legal troubles continue for couple who ran adult care facility where raid turned up drugs, weapons

A small-town couple left behind a stolen painting worth over $100 million — and a big mystery

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Jerry and Rita Alter
Jerry and Rita Alter kept to themselves. They were a lovely couple, neighbors in the small New Mexico town of Cliff would later tell reporters. But no one knew much about them.

They may have been hiding a decades-old secret, pieces of which are now just emerging.

Among them:
After the couple died, a stolen Willem de Kooning painting with an estimated worth of $160 million was discovered in their bedroom.

More than 30 years ago, that same painting disappeared the day after Thanksgiving from the University of Arizona Museum of Art in Tucson.

And Wednesday, the Arizona Republic reported that a family photo had surfaced, showing that the day before the painting vanished, the couple was, in fact, in Tucson.

The next morning, a man and a woman would walk into the museum and then leave 15 minutes later. A security guard had unlocked the museum’s front door to let a staff member into the lobby, curator Olivia Miller told NPR.The couple followed. Since the museum was about to open for the day, the guard let them in.

The man walked up to the museum’s second floor while the woman struck up a conversation with the guard. A few minutes later, he came back downstairs, and the two abruptly left, according to the NPR interview and other media reports.

Sensing that something wasn’t right, the guard walked upstairs.There, he saw an empty frame where de Kooning’s “Woman-Ochre” had hung.

At the time, the museum had no surveillance cameras. Police found no fingerprints. One witness described seeing a rust-color sports car drive away but didn’t get the license plate number. For 31 years, the frame remained empty.

In 2012, Jerry Alter passed away. His widow, Rita Alter, died five years later at 81.

After their deaths, the painting was returned to the museum. The FBI is investigating the theft.

Did the quiet couple who lived in a three-bedroom ranch on Mesa Road steal “Woman-Ochre” and get away with it?

De Kooning, who died in 1997, was one of the most prominent painters of the midcentury abstract expressionist movement. “Woman III,” another painting in the same series as “Woman-Ochre,” sold for $137.5 million in 2006. The works of de Kooning remain among the most marketable in the world.

The Alters had moved to Cliff (population 293) in thelate 1970s or early 1980s, according to the Silver City Daily Press.H. Jerome Alter, who went by Jerry, had been a professional musician and a teacher in New York City schools before retiring to New Mexico, he wrote under “About the author” in “Aesop’s Fables Set in Verse,” a book he published in 2011.

“His primary avocation has been adventure travel,” the biographical sketch says, noting that he had visited “over 140 countries on all continents, including both polar regions.”

Rita Alter, who died in 2017 at the age of 81, had worked as a speech pathologist at the local school district after the couple moved to New Mexico, the Daily Press reported. Her former co-workers remembered her as “pleasant but quiet,” a friendly woman who was good with children but didn’t volunteer much information about her life.

In 2011, a year before his death, also at the age of 81, Jerry published a book of short stories, “The Cup and the Lip: Exotic Tales.” The stories were “an amalgamation of actuality and fantasy,” he wrote in the preface. Though none were literary masterpieces, one stands out in the wake of the de Kooning discovery.

“The Eye of the Jaguar,” concerns itself with Lou, a security guard at an art museum. One day, a middle-aged woman and her 14-year-old granddaughter show up. The older woman asks Lou about the history of a prized emerald on display. Six months later, she and her granddaughter return, then leave in a rush.

“Wow, those two seem to be in a hurry, most unusual for visitors to a place such a this,” Lou thinks. He reinspects the room and realizes the emerald is gone. Running to the door, he sees the pair speeding away and runs out to stop them. The older woman floors the accelerator, crashing into Lou and killing him. Then the two speed off, leaving behind “absolutely no clues which police could use to even begin a search for them!”

Jerry Alter’s fictional tale ends with a description of the emerald sitting in an empty room. “And two pairs of eyes, exclusively, are there to see!” it concludes.

He could just as easily have been describing the de Kooning. But nobody thought of that until the painting was discovered in the Alters’ bedroom, where it had beenpositioned in such a way that you couldn’t see it unless you were inside with the door shut.

“Woman-Ochre” by Willem de Kooning. (Courtesy of University of Arizona Museum of Art)

After Rita Alter died, her nephew, Ron Roseman, was named executor of the estate. He put the house on the market and began liquidating its contents. On Aug. 1, 2017, antique dealers from the neighboring town of Silver City came to see what was left.

One of the men, David Van Auker, would later recall at a news conference that he spotted “a great, cool midcentury painting.” They bought it, along with the rest of the Alters’ estate, for $2,000.

Silver City, an old mining town near the Gila National Forest, has a high concentration of artists. So it didn’t take long for someone who recognized the painting’s significance to wander into Manzanita Ridge Furniture and Antiques.

“It probably had not been in the store an hour before the first person came in and walked up to it and looked at it and said, ‘I think this is a real de Kooning,’ ” Van Auker told KOB 4, a TV station in Albuquerque. “Of course, we just brushed that off.”

Then another customer said the same thing. And another.

It was becoming evident that the painting might be worth more than they had originally thought. Van Auker and his partners, Buck Burns and Rick Johnson, hid it in the bathroom.

Once the painting had been secured, Van Auker did a Google search for de Kooning. That’s when he spotted an article about the theft of “Woman — Ochre” and called the museum.

“I got a student receptionist, and I said to her, ‘I think I have a piece of art that was stolen from you guys,’ ” he told Dallas-based news station WFAA. “And she said, ‘What piece?’ And I said, ‘The de Kooning.’ And she said, ‘Hold, please.’ ”

Miller, the museum’s curator, told WFAA that what made her pause was when Van Auker described how the painting had cracked, as if it had been rolled up. It was a detail that no one could have invented. The dimensions were an inch off from “Woman — Ochre,” which corresponded with it being cut out of the frame.

Van Auker took the painting home and stayed up all night with his guns, he told Tucson Weekly, getting startled every time he heard a branch scrape against the side of the house.
The next night, a delegation from the museum arrived. When Miller walked in, Van Auker told the Daily Press, the room turned silent.

“She walked up to the painting, dropped down on her knees and looked. You could just feel the electricity,” he recalled.

Authentication would later confirm that it was a perfect match for the missing de Kooning.

Over the past year, a handful of clues potentially linking the Alters to the theft have surfaced.
Several people told the New York Times that they had a red sports car, similar to the one spotted leaving the museum. The car also appears in home movies obtained by WFAA.

Some of the couple’s photos show Rita in a red coat like the one that the woman at the museum had been wearing, KOB 4 reported. And Ruth Seawolf, the real estate agent who put the Alters’ house on the market,told the Silver City Sun News that she had taken home a luggage set and, inside, found glasses and a scarf that match the police description.

“In the Alters’ day planner from 1985, they took meticulous notes about what they ate, where they went, and the medications they had,” KOB 4 points out. “On Thanksgiving 1985, they mysteriously left it blank.”

And now there’s the family photo showing they were in Tucson the night before the painting was stolen.

The investigation has been underway for a year now. The FBI has declined to comment until the case is closed.


A composite sketch of the thieves. (Courtesy of the University of Arizona)
People who knew the Alters find it hard to think of them as criminal masterminds. And opinions are mixed about whether a sketch of the suspects resembles the couple.

“Composite sketches, in hindsight, resemble the faces in the Thanksgiving photo, down to their position side by side,” the Arizona Republic wrote.

The New York Times, on the other hand, theorized: “The sketch of the female suspect — described at the time of the theft as being between 55 and 60 years old — bears a resemblance to Mr. Alter, who was known as Jerry and was then 54. And the sketch of the young man — described at the time as between 25 and 30 years old — bears a resemblance to his son, Joseph M. Alter, who was then 23.”

The Alters had two children, Joseph and Barbara. Reporters from multiple news outlets, including The Washington Post, have been unable to locate either child. Several of the couple’s acquaintances told the Times that Joseph Alter has severe psychological problems, and has been institutionalized on and off since the 1980s.

Jerry Alter’s sister, Carole Sklar, told the New York Times that the idea that her brother, his wife, or their son could have stolen the painting was “absurd,” as was the theory that her brother disguised himself in women’s clothing.

“I can’t believe Rita would be involved in anything like that,” Mark Shay, one of her former co-workers, told the Daily Press. “I could see them buying a painting not knowing where it originally came from, maybe.”

Museum officials, however,told the Arizona Republic that the painting only appears to have been reframed once during the 31 years it was missing, suggesting it had only had one owner during that time.

Something else doesn’t add up. Jerry and Rita Alter worked in public schools for most of their careers. Yet they somehow managed to travel to 140 countries and all seven continents, documenting their trips with tens of thousands of photos.

And yet, when they died, they had more than a million dollars in their bank account,according to the Sun News.

“I guess I figured they were very frugal,” their nephew, Ron Roseman, told WFAA.

Roseman couldn’t be reached for comment on Thursday evening. But not long after “Woman — Ochre” resurfaced, he told ABC13 that he couldn’t imagine that his aunt and uncle had stolen the painting.

“They were just nice people,” he said.

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A small-town couple left behind a stolen painting worth over $100 million — and a big mystery

Philadelphia homeless man's lawyer says couple who raised $400k for him is withholding money

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Johnny Bobbitt Jr. had a new life ahead of him.

Last October, the homeless man used his last $20 to buy gas for a woman, Kate McClure, who was stranded on Interstate 95 in Philadelphia. McClure, in return, created a GoFundMe campaign with her boyfriend Mark D'Amico to raise money for Bobbitt to thank him.

McClure and Bobbitt's story quickly transformed into a viral "feel-good" story, and the campaign, as of Friday night, raised a total of $402,706 within nine months.

But what started as a good deed has now devolved into an all-out feud. Bobbitt's lawyer says a large portion of money never reached his client.

"From what I can see, the GoFundMe account raised $402,000 and GoFundMe charged a fee of approximately $30,000. Mark D'Amico and Kate McClure gave Johnny about $75,000. There should be close to another $300,000 available to Johnny," Bobbitt's lawyer Chris Fallon told CNN on Friday.

Fallon says he and another attorney, Jacqueline Promislo, are working to get that money back. The goal, Fallon said, is to secure a guardian to manage that money so the 14,000 people who contributed to the GoFundMe campaign would know where their money is going.

A spokesperson for GoFundMe said the crowdfunding website "is looking into the claims of misuse regarding this campaign."

"When there is a dispute, we work with all parties involved to ensure funds go to the right place," GoFundMe's statement read. "We will work to ensure that Johnny receives the help he deserves and that the donors' intentions are honored."

Misuse, the company said, "is very rare on our platform." Misused campaigns make up "less than one-tenth of 1% of all campaigns."

The relationship between Bobbitt and McClure began to deteriorate when she and her boyfriend bought Bobbitt a camper -- they originally promised him a house -- and parked it in their driveway in New Jersey, where Bobbitt lived until June, Promislo said.

"This was not his choice and he didn't have any say in the matter," Promislo said. "Johnny would have preferred to go back to North Carolina. That would have been a much better environment."

Bobbitt, a North Carolina native, "had no access to money or food" while living in the camper, Promislo said. "He didn't have any ability to take care of himself there."

Promislo said the camper was bought with the money from GoFundMe. McClure and D'Amico also bought Bobbitt a truck, which they drove. The truck ended up breaking down.

CNN has reached out to both McClure and D'Amico, but has not received a response.

Fallon said Bobbitt has an addiction problem, and that's possibly a reason McClure didn't want to give him any more money.

"It's not heroin or opioids but another drug problem," Fallon said.

In an interview with The Philadelphia Inquirer, McClure said she and D'Amico did what they could to help Bobbitt. The couple told the paper they gave Bobbitt more than half the money but are withholding the rest until he gets a job and is drug-free.

D'Amico told the Inquirer that he controls the money but thinks neither he nor his girlfriend did anything wrong. He said giving such a large amount of money to an addict is like giving someone a loaded gun.

The Inquirer also said Bobbitt wondered how McClure paid for a new BMW and went on vacations to California, Florida and Las Vegas. McClure said the couple used their own money for the BMW and vacations. D'Amico told the Inquirer he spent $500 of the GoFundMe money to gamble, but he paid the money back to the campaign.

Promislo told CNN she can't speak to the claims made in the Inquirer.

Promislo said Bobbitt is currently living on the streets of Philadelphia "in harm's way." He was very successful at a methadone clinic before, she said. He had detoxed himself, but she said he is not physically in detox now.

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Philadelphia homeless man's lawyer says couple who raised $400k for him is withholding money

FBI says funeral home may have given son fake cremains of his father, sold body

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CLEVELAND, Ohio - Ivan Markovic thought the death of his ailing, elderly father meant the hardest part of their ordeal was over. Then the FBI called. 

Out of the blue, on July 1, the FBI called to tell him that his father's body had not been cremated by a Colorado funeral home as he had thought, he said. Instead, they told him that it may have been sold by "body broker" and shipped to an undisclosed location.

They asked him to turn over the ashes that the funeral home had given him for testing to determine if they were from something other than human.

The FBI confirmed that it is testing what Markovic believed were his father's cremains, along with those from about 50 others as a part of an investigation into the Sunset Mesa funeral home. The same people own and operate Donor Services and a crematory, all on the same piece of property in Montrose, Colo. All the businesses are now closed.

The FBI offered little other information.

It is not illegal to sell body parts, though such sales could only be done with the permission of the family of the person, or by the person before death, according to a spokesman for the National Funeral Director's Association. 

Markovic said the FBI told him Donor Services sold body parts for medical and educational research. A single body could yield thousands of dollars if sold in pieces, according to numerous sources, including Angela McArthur, director of body donations at the University of Minnesota Medical School.

"I just can't believe this is happening," said Markovic, 58, who lived in Northeast Ohio most of his life, as did his parents. "Anyone who would do this to people is a monster that we need to be protected from. I don't know how to prevent people from being bad, but if they are caught they should be punished criminally.

Gojko "George" Markovic was 87 when he died on March 11, 2016. He had been living at the Colorow Nursing Home in Olathe, Colo., along with his wife, Slavka "Sylvia" Markovic, 92. She died on July 5, shortly after Ivan Markovic arrived in Colorado with the ashes that he had believed were his father's.

Markovic and his parents emigrated to the United States from the former Yugoslavia in 1969. All three became naturalized citizens of the United States in 1974.

FBI testing cremains

FBI began investigating after several people came forward with suspicions that ashes they were given by the Sunset Mesa funeral home were not the cremains of their loved ones, according to Reuters, The Denver Post and other news reports.

One woman told the Colorado Office of Funeral Home and Crematory Registration she was suspicious when the cremated remains of a loved one seemed light for the persons size and weight. She had the cremains analyzed and the analysis found pieces of a watch, rivets and parts of a metal zipper. She said when the body was turned over, it wore only pajamas and had no metal of it, according to a complaint filed by the state office of funeral home and crematory registration.

The news of the case was broken by Reuters News Service and the Denver Post newspaper.

Reuters, which wrote a series on body selling, reported that Donor Services offered a price list to medical training laboratories for body parts: torsos for $1,000 each, heads for $500 and a foot for $125. The news service said the prices were listed on the company's website, which has since been taken down.

It is highly unusual to have a donor service operations run together by funeral home owners, according to the National Funeral Director's Association. But, the association says, it is not illegal.
No charges have been filed in the case against the owner of the funeral home and crematory, Megan Hess. Hess could not be reached for comment.

In addition to the 50 sets of ashes that included Markovic's, Colorado Mesa University told The Plain Dealer it is testing another 109 cremains to "ease the concerns" of people who used Sunset Mesa for funeral services.

The university tests will only determine if the ashes came from bones or some other material; it cannot distinguish if the bones are from a human or an animal. Testing to determine DNA of the ashes would be very difficult and expensive.

State suspends funeral home license

The Sunset Funeral Home's license to operate was suspended in February by the Colorado Division of Professions and Occupations based on their findings that included providing false cremains to families, who had the cremains tested and found they were not human.

According to a filing at the Colorado Office of Administrative Courts, in 2014 a family became suspicious of cremains of a loved one handled by Sunset Mesa. According to the report of the suspension, the family had the cremains analyzed and was told the ashes were concrete. A year later a second family had cremains of a loved one analyzed and were also found to be concrete, the report said.

The report noted other reasons for the suspension of the funeral home and crematorium's licenses included the information that five people were cremated  without a permit.

Also, the state report said the funeral home did not have a registered, qualified person in charge. When Hess purchased the funeral home and crematory in 2011, former owner Greg Huffer was listed as the person registered by the state to perform funeral home and crematory operation.

Since the sale to Hess, there was no qualified person designated by the state to run the funeral home and crematory, according to the complaint filed by the state.

A complaint against the funeral home and the crematory filed by the Colorado Office of Administrative Court, said the owners "engaged in numerous incidents of willfully dishonest conduct or committed negligence in the practice of embalming, funeral directing, or providing for final disposition that defrauds or causes injury."

Reeves and Baskerville funeral home owner Matt Baskerville owner of the Reeves and Baskerville funeral home in Wilmington, Ill., speaking on behalf of the National Funeral Directors Association, said he was shocked at the story.

"It's disheartening to hear this, it puts a black mark on all of us," he said. "Most organizations that deal with this kind of donations are not for profit, making enough just to keep it going. I've never heard of anything like this."

Markovic didn't know his father had died

Markovic said he was not contacted about his father's death and only learned of it when a friend saw the obituary in a newspaper."There was not even a funeral," Marcovic said. "They (the Sunset Mesa funeral home) did not even want to give me my father's ashes. I insisted, and they finally allowed me to pick them up."

For much of the past two years, Markovic has been moving back and forth from Ohio to Colorado, he lived in Bath and Hinckley during that time. He and his family lived in the Cleveland area, including Lakewood, North Olmsted and Hinckley, for 38 years.

He said once he was given the ashes, he kept them in his truck so he could feel close to his father while on the road in his job setting up computer systems for businesses.

"Of course, I assumed they were my father's remains," he said. "One day, I took them to a cemetery in Mansfield where my father's mother is buried. I buried some of the ashes on her grave and kept the rest with me."

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FBI says funeral home may have given son fake cremains of his father, sold body

Winchendon woman guilty of exploiting elderly man

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Karla Cloutier, 50, of Winchendon, pleaded guilty Tuesday in Cheshire Superior Court to five class-A felony charges of financial exploitation of an elder adult, according to an announcement from New Hampshire Attorney General Gordon J. MacDonald.

Ms. Cloutier was sentenced on one of the charges for a term of 1½ to 4 years in New Hampshire State Prison.

On the remaining charges, Cloutier was sentenced to 2 to 4 years, suspended for five years, conditioned on good behavior and repayment of restitution to the victim.

The suspended sentences will be served consecutive to the sentence that is being served and concurrently with each other.

An investigation conducted jointly by the Attorney General’s Office and the Bureau of Elder and Adult Services revealed that Cloutier was her elderly uncle’s durable power of attorney between 2015 and 2017. During that time, Cloutier used $63,000 of her uncle’s money for her own benefit, prosecutors said.

Attorneys and victim/witness advocates in the Elder Abuse and Exploitation Unit work with local law enforcement to investigate and prosecute crimes involving elder abuse and financial exploitation. Police said that if someone has been the victim of elder abuse or financial exploitation, they should contact the local police department or the Department of Health and Human Services, Bureau of Elderly and Adult Services, at 800-949-0470.

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Winchendon woman guilty of exploiting elderly man

Judge: Law on exploiting elderly unconstitutionally vague

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A Missoula judge ruled this week that the criminal statute regarding the exploitation of the elderly is unconstitutionally vague.

Judge Robert “Dusty” Deschamps made the ruling on Tuesday in the case of an 80-year-old woman’s handling of her partner‘s money. Specifically, Deschamps wrote in his order, the statute doesn’t require criminal intent.

Rose-Marie Bowman is currently charged with exploitation of an older person. But after Deschamps’ ruling, Missoula County prosecutors will have to determine by Monday whether to appeal to the Montana Supreme Court, swap the charge with another, such as theft, or dismiss the case entirely.

Missoula County Attorney Kirsten Pabst said Thursday her office is in contact with the Attorney General's Office about the matter. If prosecutors decide to appeal Deschamps' ruling, the Attorney General's appellate attorneys make their case in the high court.

Pabst said while judges have struck down statutes because of vagueness before, the situation at hand is still "unusual."

This type of exploitation, according to the statute in question, occurs when someone knowingly “obtains or uses” an older, incapacitated or developmentally disabled person’s “funds, assets, or property with the intent to temporarily or permanently deprive” the respective victim.

In a June motion to dismiss the case, Bowman’s attorneys argued that the vagueness of the statute allows prosecutors to pursue a son who accepts a gift from his elderly mother.

The rub hangs on the words “obtain” and “use,” Missoula attorney Lance Jasper contended, the definitions of which are not clearly outlined by the Legislature in the context of criminal exploitation.

Deschamps agreed in his order, filed Wednesday, writing that the law leaves vast discretion to police and prosecutors. He included examples of a grandmother giving a china set to a trusted family member or a financial adviser accepting payment from an elderly client as instances that potentially could produce exploitation charges.

“While these examples may sound ridiculous, the fact is that the statute is so broad and devoid of any requirement for proof of a criminal state of mind by the accused, a person is left to guess what specific acts might be allowed or prohibited by the statute,” he wrote.

In Bowman’s case, she had been withdrawing funds from an account for which she and Lanny Franzen were co-signors. Bowman has said she and Franzen had been in a platonic relationship for nearly 30 years, but Franzen in 2012 was diagnosed with early onset Alzheimer’s.

That year he signed a power of attorney that gave control of his finances to Bowman. In 2016, someone reported Bowman for potentially exploiting Franzen, and she was charged in 2017. Prosecutors allege she had manipulated Franzen into depositing money into the account, of which she was a joint owner.

The Montana Elder and Persons with Development Disabilities Abuse Prevention Act, also a part of state statute, defines exploitation as taking something with the use of “deception, duress, menace, fraud, undue influence, or intimidation.” That definition, however, does not appear to be connected to the criminal statute with which Bowman is charged.

The Supreme Court, where this argument could head next, has repeatedly ruled that a statute is unconstitutional if it fails to give someone fair notice that their conduct is illegal. In 1997, David Nathan Nye argued the state hate crime statute was unconstitutionally vague. He had placed stickers reading “NO I do not belong to CUT” on state and county road signs, mailboxes, and property belonging to the Church Universal and Triumphant (CUT).

When the case reached the state Supreme Court, Nye’s attorneys argued the law was too vague because the words “annoy” and “offend” were not defined in the specific context of the hate crime law. The alleged victims could be annoyed or offended by any act if they were sensitive enough, they said.

The Supreme Court, however, shot down Nye’s vagueness argument, saying the law did specify that defacing property was a violation of the hate crime statute, so there should have been no confusion as to Nye’s criminal intent.

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Judge: Law on exploiting elderly unconstitutionally vague

Tim Conway, 84, Suffering from Dementia: He's 'Almost Entirely Unresponsive,' Says Daughter

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Tim Conway is battling dementia.

The 84-year-old Carol Burnett Show star’s daughter Kelly is asking to be appointed conservator of her father and be in charge of his medical treatments, according to court documents obtained by PEOPLE and first reported by The Blast.

Kelly, 56, filed the documents in Los Angeles on Friday, claiming Conway’s wife Charlene is “planning to move him out of the excellent skilled nursing facility he is currently at” and place him in one that won’t give him access to “registered nurses at all times and his 24-hour caregiver and speech therapist (to help with swallowing).”

Kelly also states that Conway cannot “properly provide for his personal needs for physical health, food, and clothing” and is “almost entirely unresponsive.”

She hopes to be granted guardianship so she can also administer her father’s medications herself.

Before making his mark in Hollywood, Conway surprisingly had no experience in the industry.

“I had no professional training. I had a sense of humor and had been in front of a microphone,” Conway said on an episode of The Interviews: An Oral History of Television in 2004.

He starred on McHale’s Navy, co-starred on the 1970s comedy The Carol Burnett Show, acted as the voice of Barnacle Boy on Spongebob Squarepants and even made a special appearance on the second season of 30 Rock, which he received an Emmy for.

He also won a Golden Globe Award for best supporting actor for The Carol Burnett Show, on which he was best known for characters including the Oldest Man and Mr. Tudball.

Conway’s other TV credits include guest appearances on Married… With Children, Mad About You, Glee, Two and a Half Men and Mike & Molly.

Before marrying Charlene in 1984, Conway was married to Mary Anne Dalton from 1961-78.

Together they share seven children: sons Jaime, Tim Jr., Pat, Corey and Shawn and daughter Jackie and Kelly.

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Tim Conway, 84, Suffering from Dementia: He's 'Almost Entirely Unresponsive,' Says Daughter

Virginia physician on verge of losing deferred adjudication in elderly exploitation case

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Dr. Mary Margaret Bland
CLARKSBURG — A 49-year-old Virginia physician was found in violation of her deferred adjudication on Friday for failing to report consistently to Harrison Chief Probation Officer Charles “Chic” Scott.

But Harrison Circuit Judge Chris McCarthy said he wouldn’t rule on disposition until after learning whether Mary Margaret Bland pays the full restitution on or before Sept. 7, as she’s required to do via the agreement. Bland paid $10,000 in restitution at the start of her deferred adjudication, but will have to come up with the rest, $35,000, in that two-week period.

McCarthy said it was “offensive to the court” that Bland spent money on a vacation in Italy this summer before she had paid back the victim in full.

Bland had pleaded guilty to felony financial exploitation of an elder, a charge that would be dismissed if the doctor makes it successfully through the 3-year deferred adjudication.

But in addition to not having paid full restitution, Bland also still is on the hook for 288 hours of community service. She hasn’t provided proof that she’s performed any of it.

Harrison Assistant Prosecutor Brian Shockley successfully showed Bland had violated by failing to report once a month to Scott during several months over the past year.

McCarthy also appeared upset that Bland hadn’t informed Scott ahead of time about the trip to Italy, even though it wasn’t a violation of her probation agreement.

Bland, of Chesapeake, Virginia, removed a total of $35,000 from a nursing home resident’s bank account without her permission and after the defendant no longer was the victim’s power of attorney, State Police Tfc. Roger Glaspell previously alleged.

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Virginia physician on verge of losing deferred adjudication in elderly exploitation case

Colorado attorney gets more jail time for theft from step-grandmother's trust fund

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GOLDEN, Colo. (AP) — A Colorado attorney has been sentenced to four years in prison after pleading guilty to taking more than $1.4 million from his step-grandmother's trust fund.

District Attorney Peter Weir's office says Glenn Gregory was a trustee of the account, which was created by his grandfather to provide for Gregory's step-grandmother.

Prosecutors say Gregory transferred money to his personal bank accounts and accounts for his Lakewood law firm between 2008 and 2016.

They say Gregory used the money for vacations, gambling and phone and internet sex services.
Gregory pleaded guilty to one count of theft in July. He was separately convicted of stealing $1.3 million from another trust fund intended for the woman and received an eight-year sentence.

The sentences will be served consecutively.

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Colorado attorney gets more jail time for theft from step-grandmother's trust fund

Lawsuit claims hospice workers told to overmedicate patient at Brian's House

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BAY CITY, MI -- Two women have filed a lawsuit against a Bay County hospice, alleging they were fired for refusing give medication that could hasten a patient's death and for alerting police to the matter.

Police say their investigation of the case is over after a medical examiner found no inappropriate conduct in connection with the man's death. No one has been charged with any wrongdoing.

The lawsuit of Tamara Gies and Jillian Brown was filed in Bay County Circuit Court on Monday, Aug. 20. It names Brian's House Community Group Inc. as the defendant and seeks damages exceeding $25,000.

Brian's House is located at 664 W. Nebobish Road in Hampton Township. After being closed for five years, it reopened in June 2017 as a "social home," as opposed to an inpatient hospice home, thanks to fundraising and volunteer efforts.

Those prescribed hospice care by their doctors can choose their care provider and opt to spend their final days at Brian's House, rather than a nursing home or a residence.

Brown and Gies both worked at the facility as caregivers, having been hired in September 2017 and February 2018, respectively, their lawsuit states.

The suit states that on or about May 11, 2018, manager Christine Quinn told Brown she had previously worked at Toni & Trish House, an Auburn-based hospice facility.

On June 13, a coworker told Gies she had received a piece of paper from a worker on another shift, which detailed a handwritten schedule for a patient to receive morphine and Ativan, the lawsuit says. Gies also overheard another coworker state the paper "was not a doctor's order," the suit alleges.

Gies contacted a registered nurse at McLaren Hospice and asked if the note was a doctor's order. The nurse confirmed it was not and was not acceptable, according to the suit.

The next day, Brown noted the patient's morphine dose had increased from 0.5 milliliter to 1 milliliter.

"Although Ms. Quinn wanted the increased dose administered right away to the patient, the hospice nurse ... cautioned that giving the dose might 'send the patient over the edge,' which is a euphemism for causing the patient to die," the suit states.

Contacted by The Bay City Times-MLive, Quinn said Gies and Brown's allegations are false.

"As far as the medication, that was something the nurse and doctor instructed," Quinn said Tuesday.

The patient died June 16. The same day, Gies met with a Hampton Township police officer to report she and Brown had been instructed by Quinn to give a patient medication against a doctor's order to cause to his death. Gies also spoke with then-President Dwight McCulloch to notify him of the police report, to which McCulloch reacted negatively, the suit states.

On June 20, Quinn notified Gies she had been taken off the work schedule and an Employee Discipline Form had been put in her file. The form resulted from Gies "not following chain of command when it came to issues involving distribution of meds and going to law enforcement without allowing Board to do own investigation," the suit states.

Brown's name was also removed from the work schedule on June 25. Thereafter, McCulloch told Brown that Quinn wanted her fired for being part of the police report, the lawsuit alleges.

Gies on June 26 received a letter authored by Quinn saying she was being fired and referenced Gies "involving outside law enforcement," the suit alleges.

Quinn on July 18 told Brown her services were no longer required as well, the suit states.

The lawsuit contains two counts -- retaliation in violation of Whistleblower Protection Act and retaliation in violation of Michigan Public Policy.

Hampton Township Police Lt. Michael Wedding said that while Gies had filed a report, officers are no longer investigating as Bay County Medical Examiner Dr. Howard Hurt ruled there was no inappropriate conduct in the death of the patient.

A court date for the civil lawsuit is pending.

Full Article & Source:
Lawsuit claims hospice workers told to overmedicate patient at Brian's House

Bond set for three in neglect case

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Neglect charges have been filed against three people after the death of a 64-year-old Monticello man on Monday.

Charged with the Class 2 felony of criminal abuse or neglect of an elderly person are Mason Brown, 34; and Christie Brown, 61, both of Monticello; and Justin Tatman, 37, of Bement.

Police were called to the home of Christie Brown and her brother, Ron Blankenship, after Mr. Blankenship died at about 7 p.m. Monday in his house located in the 300 block of West Monroe Street. Monticello Police Chief John Carter called conditions in the home “deplorable,” a term repeated by Piatt County State's Attorney Dana Rhoades at initial court appearances for the suspects Friday afternoon.

Mason Brown and Christie Brown face four charges: Criminal abuse or neglect of an elderly person, criminal abuse or neglect of a disabled person, and two charges of aggravated cruelty to a companion animal.

Authorities said an adopted daughter of one of the suspects who has Down Syndrome into protective custody. Police say three dogs and three cats were also taken from the home.

Bond was set at $50,000 for Mason Brown, who is Blankenship's nephew; and $30,000 for Christie Brown, the deceased's sister.

Tatman has been charged with two counts of criminal abuse or neglect, with bond set at $50,000.

Mason Brown and Christie Brown both lived with Blankenship. Tatman is a Bement resident, but police say he was in the home when police responded on Monday, and presented paperwork claiming he and Mason Brown were powers of attorney for Blankenship.

Rhoades had asked for bond to be set at $100,000 in each case, noting that there are also ongoing investigations into financial exploitation regarding the suspects.

Each Class 2 felony neglect charge is punishable by prison terms of three to 14 years and a fine of up to $25,000.

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Three Monticello residents have been arrested by police on suspicion of criminal abuse of an elderly person with a disability in relation to the death of a 64-year-old man who was living with them.

An adopted daughter of one of the suspects who has Down's Syndrome was also taken into adult protective services, according to police.

In addition, four dogs and three cats were taken from the residence located in the 300 block of West Monroe Street in Monticello, with one of them needing to be euthanized due to poor health.

Family members of Ronald E. Blankenship reported his death at about 7 p.m. Monday. City of Monticello, Piatt County Sheriff, Illinois State and Task Force 6 officers reported to the scene, where they found “deplorable” conditions, according to Monticello Police Chief John Carter.

“There were three garbage bags filled with soiled adult diapers at the foot of his (Blankenship's) bed,” said Carter. “The dogs – two were in a bedroom, two were in a porched area that appeared to have never been cleaned up.”

Mason Brown, 34, a nephew of Blankenship, claimed on Facebook prior to police being notified that his uncle had been murdered at and that “some hours later, two masked gunmen arrived at my home in what I believe was an attempt to kill the rest of my family.”

Carter said preliminary autopsy reports do not indicate foul play, but that Blankenship had severe bilateral bronchopneumonia, a closed off larynx, and suffered from diabetes to the point where a finger was rotting. He added there were “no external injuries that would have caused death.”

He also said there were no signs of gunman at the home later on, noting that when police responded the grass at the home showed no signs of disturbance.

Brown, Christie Brown, 61 and Blankenship's sister; and Justin Tatman, 37 and the deceased's power of attorney, were all arrested Thursday on preliminary charges of criminal abuse of an elderly person with a disability. Mason Brown also faces charges of animal cruelty and resisting/obstructing a police office, and Christie Brown also with animal cruelty.

The three are in Piatt County jail awaiting a preliminary court appearance this afternoon.

While the arrests were being made, Monticello High School and Washington Elementary School went on soft lockdown for about 20 minutes since the Monroe Street residence is located close to those buildings.

Full Article & Source:
Bond set for three in neglect case

Enid man faces charges of exploitation involving thousands, failure to register as sex offender

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ENID, Okla. — A 52-year-old Enid man is facing two life sentences after being charged with exploitation of an elderly person or disabled adult and failure to register as a sex offender.

Richard Rene Mahan was charged this week with the two felony crimes, as well as a felony count of larceny and a misdemeanor charge of obstruction. Because of four prior felony convictions, he faces four years to life in prison on the exploitation and failure to register charges.

Mahan appeared for arraignment before Special District Judge Brian Lovell. Mahan's bonds were set at $21,600, $5,000 and $2,500. He was ordered to return to court Sept. 17 for a bond appearance in all three cases.

According to an affidavit filed in the obstruction case, on Aug. 10 Enid Police Department officers Shirley Blodgett and Mike Atchley were sent to Five80 Coffeehouse, 122 E. Randolph, on a report of a possible unregistered sex offender at the business.

The officers spoke with a man who identified himself as Richard Stewart, according to the affidavit. He said he did not have any identification but had already registered as a sex offender with Detective Shawn Aebi.

The officers escorted the man outside the business, and dispatch told the officers they could not find a record for Richard Stewart but did have a record for a Richard Mahan with the same birthday, according to the affidavit. The man insisted he was Richard Stewart and not Richard Mahan.

Atchley contacted Detective Nicholas Shackleford and asked him to help in identifying the man, according to the affidavit.

"Richard was very nervous and kept looking both ways down the street," Blodgett wrote in the affidavit. "At one point I asked Richard if he was going to run. Richard said no, he was just hot."

Shackleford and Detective James Buck arrived at the business, and when Mahan saw the two detectives he ran from the officers, according to the affidavit. The officers and detectives detained Mahan near Boondocks Tavern, 302 E. Maple. Mahan was positively identified and found to have warrants for his arrest out of Garfield and Harper counties.

According to an affidavit filed in the exploitation and larceny charges, on June 13 two women reported a theft from their residence in the 2400 block of Sandpiper.

One woman told Officer Bart Arnold that Mahan has been coming over to their house the past few weeks. She said each time he visits, he uses the bathroom, according to the affidavit. The way to the bathroom leads past the woman's room. That day, the woman said she checked on Mahan after he went to the bathroom and caught him with a few $100 dollar bills in his pocket.

Mahan gave the woman the money back. She told Arnold she checked with her daughter and found there was about $18,000 missing from her room, according to the affidavit. The daughter found she was missing about $3,600.

The first woman to speak with Arnold told the officer she suspected Mahan used the excuse of going to the bathroom to take money from her room, according to the affidavit.

On Aug. 10, Buck spoke with Mahan at Enid Police Department.

Buck asked Mahan if he knew why he wanted to speak with him, and Mahan told Buck he did, according to the affidavit. Mahan admitted to taking what he estimated to be $5,000 from the first woman police spoke with. He said he took the money from the woman's room over a month's time.

Mahan told Buck he had been planning on "paying them back" and said he needed the money at the time because he did not have a job, according to the affidavit.

On July 13, Shackleford was asked to help locate Mahan, who last registered as a sex offender with the address of 217 E. Hemlock.

Shackleford and Buck went to the address and were told by two employees they were cleaning out the residence, according to the affidavit. They also told the detectives the people who had lived there had moved out around July 1.

As required by law, Mahan failed to notify police three days prior to moving or abandoning a residence.

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Enid man faces charges of exploitation involving thousands, failure to register as sex offender
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