By Janet Phelan
The Department of Consumer Affairs has put off a final decision on conservator Melodie Scott´s licensing, the Sentinel has learned.
Scott had appealed the decision, which was tendered this spring by the Department of Consumer Affairs (DCA), following hearings on her licensing in Oakland Administrative Law Court, which spanned from May to October of last year. While Administrative Law Judge Melissa Crowell had opined that Scott should receive a probationary license, the DCA overrode Crowell´s decision and denied her application. Scott subsequently appealed. The DCA was scheduled to issue a final decision in July but this has been deferred now until August.
In 2005, the Los Angeles Times published a series of articles exposing multiple problems with conservatorships. Scott was featured in the first of the series. As a result of public outcry in response to the series, the California Legislature created by an act of law the Professional Fiduciary Bureau, which began operation in 2008. One of the first tasks of the newly created agency was to consider applications for licensure by fiduciaries, who previously had been unlicensed. Scott applied for licensure and her application was denied on grounds that she made false statements on her licensing application. Later, two more counts were added: 1) that she continued to act as a professional fiduciary after her license was denied and 2) that she had a drunk driving conviction.
Black´s Law Dictionary defines a conservator as a protector or guardian. Conservatorshiops are generally initiated through court proceedings, when there are allegations that a party lacks competency to handle his or her own affairs. There are two kinds of conservatorships in the State of California--conservatorships of the person and conservative of the estate.
Upon the initiation of a conservatorship of person, all personal decisions, such as whether the alleged incapacitated person may marry or see family and friends, are transferred to the conservator. When a conservatorship of estate is initiated, all assets of the alleged incapacitated person are transferred to the care and protection of the conservator. A number of national grassroots organizations have sprung up recently, based on concerns that civil rights and property rights are being violated in conservatorship proceedings.
Numerous other allegations have surfaced concerning Melodie Scott and her company, CARE, Inc, including embezzlement of client funds, undue influence on local judges, threats made to family members of conservatees and inappropriate use of ¨Power of Health Care¨ to terminate the lives of a number of her conservatees.
Scott recently sold her building, which was located at 25 E. State Street in Redlands, and started a new company, Reliant Professional Services. The website advertises Scott as a “Professional Fiduciary.” According to Gary Duke, who is legal counsel for the DCA, this offering of services without the proper license constitutes a misdemeanor. In a recent interview with Duke, he expressed concern that the police agencies in San Bernardino are not adequately pursuing allegations of criminal activity by Scott and her cohorts, including attorney J. David Horspool.
“There is a network down there,” stated Duke, “and they watch each others´ backs.”
Horspool, who has represented Scott, told the Sentinel “The state came in and destroyed Ms. Scott’s business without the least effort at conducting an objective investigation.”
With regard to the suggestion that he had engaged in criminal activity in conjunction with Scott, Horspool wrote, “I have no comment about anything Janet Phelan says or writes, as she is not a real journalist, but a nut job with an axe to grind. Any allegations that come from her are automatically suspect.”
A source close to Melodie Scott reports that she remains confident that she will soon achieve licensure
Saturday, July 31, 2010
By Janet Phelan
By: Teddy Partridge
San Francisco, CA, July 23, 2010) —Late yesterday evening, Clay Greene and the estate of Harold Scull, Greene’s deceased partner of 20 years, reached a settlement resolving their lawsuit against the County of Sonoma (“County”) and other defendants.
Greene and Scull’s estate will receive well over a half a million dollars—a total of $653,000—to compensate for the damages the couple suffered due to the County’s discriminatory and unlawful conduct. The County has agreed to pay $600,000, with a smaller payment by defendant Agua Caliente Villa of $53,000.
"What Clay and Harold lost can never be replaced, but this settlement brings a measure of justice to their story," said Amy Todd-Gher, Senior Staff Attorney for the National Center for Lesbian Rights, which represented Greene with The Law Office of Anne N. Dennis and Stephen O’Neill and Margaret Flynn of Tarkington, O’Neill, Barrack & Chong. "This victory sends an unmistakable message that all elders must be treated with respect and dignity, regardless of their sexual orientation, and that those who mistreat elders must be held accountable. Even as we celebrate this victory, however, we are deeply troubled that the County of Sonoma continues to refuse to take responsibility for their egregious misconduct and violations of the law in this case. We urge every citizen of Sonoma County to demand more oversight of the Public Guardian’s office. They need to be watched."
Greene and Scull lived together for 20 years and had executed both mutual powers of attorney for medical and financial decisions and wills naming each other as beneficiaries. In April 2008, County employees separated the couple after Scull fell outside their shared home. In the next three months, County officials ignored the couple’s legal documentation, unlawfully auctioned their possessions, terminated their lease, and forced Greene into an assisted living facility against his will. The County did not consult Greene in Scull’s medical care and prevented the two from seeing one another. In August, 2008, before the partners could be reunited, Scull passed away after completing a photo album of the couple’s life for Greene.
In August, 2009, Greene and the representative of Scull’s estate, the couple’s longtime friend Jannette Biggerstaff, filed a lawsuit alleging elder abuse, elder financial abuse, breach of fiduciary duty, intentional and negligent infliction of emotional distress, false imprisonment, and other claims.
In addition to agreeing to pay a substantial sum, as a result of the lawsuit, the County has changed or modified a number of important policies in its Public Guardian’s Office, including requiring County employees to follow protocols before seizing private property, preventing County employees from relocating elders or others against their will, and prohibiting County employees from backdating information in their guardianship database.
“This settlement will allow Mr. Greene to finally have the quiet retirement he deserves,” said Anne N. Dennis, one of Greene’s attorneys. “Although nothing can undo the harm to these gentlemen, we believe the changes made because of the lawsuit will improve services to elders and other individuals who need the assistance of the Sonoma County Public Guardian’s Office.”
Plaintiff Jannette Biggerstaff , the executor of Scull’s estate and a longtime friend of the couple, added: "There is no possible justification for what happened to my friends Harold and Clay, and I still feel outraged and heartbroken that they suffered such a terrible tragedy, which was made worse by the county spreading such terrible lies about Clay," she said. "But I am pleased that their rights have been vindicated, and I’m hopeful that their story will help to prevent this from happening to other vulnerable people.
Related Story:Gestapo Like Conduct Destroys Lives With Impunity
E.A. is happy for the media attention this case received and happy for the positive outcome that generally goes with a lot of media attention, however our condolences go out of the many others who are not Gay and who don't have the ACLU or the National Center for Lesbian Rights, which undertook Clay Greene’s case to turn to...
Thursday, July 29, 2010
FALL RIVER (FOX 25 / MyFoxBoston.com) - An elderly woman who was allegedly abused at the hands of her own children died today at St. Anne’s Hospital in Fall River.
Mary Arauio died today, on her 81st birthday, after being found Saturday at her Fall River home with severe bed sores so deep that tendons could be seen through her decomposing skin. Police also said it appeared she had been in a chair of her own urine and feces for nearly a month,
Five of her children have already been charged
The five family members already charged in connection with this case are:
Duarte Cabral, 51, Karen Cabral, 49, Arauio's children, and Corey Cabral, 21, Scott Cabral, 24, Keith Cabral, 29, her grandchildren, have all been charged with varying degrees of elder neglect and inflicting serious injury.
Also see FoxNews
The problem is there are a lot of bad people out there, who would abuse older folks.
The police considers these matters 'family matters' and until there is a body , like here, they refuse to get involved in 'family squabbles' leaving the elder folks caught in the crossfire with deadly often deadly results.
If you bring in APS they don't have the brainpower to tell the good guys from the bad guys and they all lumped as bad...
It's a lose-lose situation, but the guardians of course have to protect the older folks from children like these and have carta blanche to do as they like.
In the meantime, it is the guardians who point out stories like these to remind the public why they have to protect the elders from people like you or I.
In my own case, a family member held deep seeded resentment against my parents and when my parents were unable to protect themselves, this family member and his friend exploited them and separated them when they were most vulnerable and they even actually got help from "THE SYSTEM", thus the ensuing civil legal battle was when the elders got caught in the cross fire, and it was merciless, my father died of stress and a broken heart Jan 9, 2006 after being forceful separated from his wife of 56 years...
Wednesday, July 28, 2010
Will you help us get the word out so we can get 25 more signatures.
We will make the 1000 mark.
I would like to do a press release when we hit 1000.
Can you please pass the word?
Latifa S. Ring
Elder Abuse Victims Advocates
8119 Western Trail Dr.
Houston, Texas 77040
Editors note: Please help keep elder abuse in the public eye, everyone please come over to the site www.endguardianshipabuse.com and sign Latifa's petition, here=>>sign petition here do not let our elders, Latifa or yourself down, come and sign the petition!
Tuesday, July 27, 2010
July 7th is the birthday of someone you have probably never heard of. The name he goes by—Jack Smith—is as humdrum and unremarkable as is his stated profession—a color corrector at a digital imaging company in Los Angeles, IMAGIC.
Smith lives in a two story condo on a quiet street in W. Hollywood at 7911 W. Norton. It is an attractive, older Spanish-type building. At last report, he was driving an older Taurus. But Smith is hardly your everyday techie. Smith is in reality an agent for one of the alphabet soup intelligence agencies and his job at IMAGIC, which according to a Department of Defense source, handles DOD projects, is only one of his professions. He also sets people up to be killed.
I was first approached by Jack Smith back in October of 2000, when he answered my personal ad which ran in the LA Weekly. I was forty eight, divorced and looking for something really special. What I didn't expect was for a killer to show up on my doorstep.
On the surface, Smith seemed to fit the bill. Forty-six, smart as a whip, and though certainly not drop dead gorgeous, he still possessed a certain confident charisma. And, as he said in his response, he enjoyed many of the things I did—theatre, ballet, left wing politics—and lo and behold! Came from the same Anglo-Jewish mix as I did. The fact that Smith was tailoring his response to my profile never occurred to me. Yes, I was a journalist but I was on disability, wasn't working at that time and had not been involved in political reporting up to that point. I was a threat to no one. Yes, my father, James Phelan, who died in 1997, was a prominent investigative reporter who had been a thorn in the side of the establishment for decades. But what did that have to do with me?
I was slow in getting back to Smith and didn't call him until February of 2001. In the meantime, something strange had happened. Driving home late one night I was broadsided by a Volvo, which took off from the scene, leaving me and my car smashed up in an intersection. A Good Samaritan called the police, who rushed to the scene......and left. I had gone into the windshield and told the responding officers that I was too injured to get out of the car. They took my license, went back to the squad car to confer lengthily and then told me that this must have been my fault and took off into the night, leaving me injured and without aid.
I was shocked. Only two blocks from my home, I somehow managed to stumble back to my apartment and collapse. That night, I had a dream—that an earthquake had hit me. My second floor apartment had sunk below ground and I was barely able to get out alive. In the dream, I knew that my mother's home had also been hit. Upon awakening, nearly delirious with what was to be diagnosed later as a concussion, I actually called my mother in Riverside County to see if she was all right. And then, realizing the extent of my injuries, I called a friend who took me to the Emergency Room where I was diagnosed with the concussion.
It was a couple of months later that I decided to call Smith. I was still pretty wobbly from the accident but –hey, he sounded nice and I was up for something besides sitting on my rear end waiting for my concussed brains to come back to life. We arranged to have dinner and I met him at a Thai restaurant in East Long Beach.
In all honesty, I didn't find him very interesting. He went on and on about Sudanese politics and I just didn't feel any connection at all. But then he kept calling. I turned him down on a couple of offers— including to go to a party hosted by someone working for CNN.... that sounded up my alley but I wasn't eager to spend more time with Jack. But he kept on calling. Eventually, we hooked up again. He dropped the politically astute persona, played classical guitar for me and showed me his collection of photographs. He really was quite gifted, I thought. I began to reassess my original perception of him.
To make a long story shorter, I moved in with Jack Smith at his Norton street condo in the summer of 2001. Peculiarly, my landlady had started insisting I move out soon after Jack and I started seeing each other seriously. I couldn't figure it out. I hadn't caused any problems but she was leaning on me pretty heavily. I looked and looked and –once again, peculiarly—couldn't get a bite on another place. Jack and I were getting along famously at that point, so I broached the topic of my moving in for awhile. He was quite agreeable.
What happened to my life and to my mother's life from that point on belongs in the annals of James Bond meets The Bates Motel. But first, I must provide a bit of history here. My mother, Dr. Amalie Phelan, had been residing in Temecula since my parents moved there in 1990. When they moved from Long Beach, my sister, Judith Phelan, moved with them. Judith had had a breakdown of sorts back in Long Beach and had moved back in with Mom and Dad to recover. She never left. She and my father were at loggerheads for most of that time—Judith was very bright and seemed to think that the world—or my parents—owed her the life she had dreamed of having. Two husbands had left her and while she had an LCSW in Psychiatric Social Work, she was unable to hold a job after her breakdown. She didn't accommodate well to living with my parents nor did she accommodate well to living on a disability allowance. She wanted to get her hair done every week, she wanted brand new clothes from Talbot`s and became increasingly demanding. When Dad passed away of lung cancer in 1997, Judith started stealing from us. She began a check fraud scam, not to be discovered until years later, whereby she would ask Mom for “checks for Janet.” She would then take the checks, forge my endorsement on them, and deposit them into her own Wells Fargo account. How Wells Fargo allowed her to do this is unclear to me, but the evidence is available online. Go to elderabusehelp.org and click on the Open Letter from Janet Phelan. The checks are deep in the documentation attached to the report. At this writing, Judith resides in Oakland.
It is clear now that Smith first approached Judith and gained her cooperation, possibly by holding over her head the threat of prosecution for her extensive stealing. And possibly not. Judith had become very bitter and resentful of me over the years, and given the chance to make out like a bandit and have her sister and mother out of the way might very well have appealed to her.
So Smith started working me. The fact that money was hemorrhaging out of the accounts had not escaped my attention. Smith urged me to find someone to help out. He ended up steering me into the offices of attorney J. David Horspool, who introduced us to the infamous probate murderer Melodie Scott. Like lambs trotting into the slaughterhouse, we obediently took their direction and on December 2, 2001, my mother signed a nomination for conservatorship, overriding the will and trust and naming Scott as her conservator of person and estate.
I have written much about what happened to my mother at the hands of Melodie Scott. If you go to http://www.cosmicpenguin.com/JanetPhelan/ you can scroll down to the section entitled ¨The Assault on Dr. Amalie Phelan by the State.¨ What I have not disclosed prior to this is Smith's part in all this—what this federal agent did to my vulnerable mother and to me.
Instigated by Agent Jack Smith, my mother nearly died at the hands of Melodie Scott and my sister, Judith Phelan and Scott aide Linda Garcia in June of 2002. After I rushed Mom to the hospital where emergency surgery was performed and her life was saved, I called my “boyfriend.” He rushed to Temecula. I had already filed the police report but Smith tried to persuade me to leave behind the evidence, the full undispensed pill bottles--months of cardiac medicine never provided my mother, a heart patient.
Mom was never allowed to return home. Restraining Orders were levied against me by Melodie Scott and my attention increasingly focussed on the welfare of my mother, now virtually disappeared. Smith's behavior began to take an increasingly sinister turn. I discovered that he was in nearly constant covert contact with Melodie Scott.
I had become suspicious of Smith after a series of phone calls--over twenty in three weeks-- came in from Melodie Scott. Although the caller hung up on me when I answered the phone, I had *69'ed the calls to find them coming directly from her. Something was very wrong. The man I loved was in constant contact, it appeared, with my nemesis.
I left Smith in October of 2002. He had become increasingly irrational and threatening and on one occasion physically assaultive. I had confronted him about the phone calls from Scott and his response was denial and threats. I packed up and fled.
I filed a police report about Smith's assault. The police showed up and arrested him. Then they let him go. When I went to retrieve the report, things got stranger. The report, it appears, had no bearing on what I told the police actually happened. Gone was the death threat and gone was the assault. My report, according to the West Hollywood police, was about an argument over a cell phone. The police were adamant and refused to correct the report and prosecute Smith.
Smith was “arraigned” and all charges were dropped. A couple of months later, I was looking through some notebooks which I had retrieved from the condo on Norton when I left him. Among them was a notebook belonging to him, which I somehow ended up with. Inside were notes concerning some of his movements on a day in August of 2002, about two months before the breakup. He had dutifully noted a meeting with the very Assistant District Attorney who dropped the charges against him as well as with the head of the W. Hollywood police department, Lt. Goldman. He was apparently greasing the way for his exoneration of charges against him when he became violent and assaulted me. In retrospect, it is clear that the decision had been made to get me away from Smith and to “take care of me” when I was alone.
I left Smith and went to live alone in a small house in Long Beach. Almost immediately, I became the subject of a series of breakins, robberies and worse. My documents concerning the plight of my mother started disappearing out of my desk, as did expensive jewelery. My assets and documents were being stolen. And on several occasions, consuming opened food from my fridge necessitated a trip to the emergency room. The police started showing up nearly every day, barging in and making wild accusations. I began to appeal to the system for help. I filed reports with the Mayor of Long Beach, Beverly O´Neill, whom I had interviewed for a story I had written not too long before all this happened. I also contacted Juanita Millender-McDonald, the Long Beach District Attorney's office, Senators Dianne Feinstein and Boxer and others. My pleas for help went ignored.
In late fall my home started to burn down as I slept. I awoke in time and called the Fire department. On another occasion, I came home from a two-day trip to Riverside where I was attempting to get help for my mother to find drugs-- little pink pills-- strewn all over my floor. While in the process of my cleaning up the mess, the cops showed up, banging on the door and demanding entry. Inside, behind pulled curtains, I froze. When I did not answer the door they left.
And on January 3, 2003, after a series of nightmarish incidents, I walked into the Long Beach Police Department around 10 p.m. In desperation, I appealed to them for help. I was met in the lobby by an Officer Loren Dawson, who cuffed me and put me in his squad car. He informed me that this was my final ride. Some negotiation went on between us as to how I was going to die. We agreed on a drug overdose. He was dead set on murder and I was terrified and didn't want any more pain.
He took me to a small room which is underneath Harbor General Hospital. It is akin to a cell, with a barred and enclosed room and an anteroom. There were five or six other people there, awaiting us. I asked several of them if they were police officers and they replied affirmatively. Dawson said he was operating under “Protection of the President” and the intended lethal dose was administered by another man, Asian or Filipino, in his thirties, about five foot seven. I collapsed like a sawdust doll.
When I woke up several days later, I was in a Long Beach hospital on a heart monitor. They apparently got the dose wrong.
I am not going to regale those reading this with how difficult things have been for me since then. I have found myself a magnet now for federally-funded assassins and wannabees, including Ted Gunderson, David Moreno, Tim White and others. I have survived chemical assassination attempts, I have been shot at, stabbed, poisoned and more.
Mom died in May of 2004, following a complicated set -up which should have resulted in a false arrest/another chance for the police to finish the mssion. I have developed a keen sense of impending attack now and was able to make a detour around the scheme. Mom, who had been sequestered away as a virtual prisoner in a private home in Loma Linda, died within a few days, a victim of circumstances which wreak of murder. I was not informed she was dead until weeks after she was buried.
I did ultimately have a private investigator research Jack Smith. It appears Jack Smith never existed before around 1990. He apparently dropped out of the sky into that condo on Norton. The PI could find no prior addresses or financial or work records and reported back to me that my ex-boyfriend did indeed fit the profile of a spook. In addition, the PI dug up some hefty financial transactions which were time-linked to the attacks on Mom and me, and which appeared to be pay-offs for Smith.
I was living with Jack Smith on September 11, 2001. He was asleep when the phone rang and I picked it up. An anonymous voice said, “Tell Jack they hit the World Trade Center.” I woke him up and he shot out of bed and ran downstairs. Together, we watched the events of that dark day unfold. It only took me about twenty minutes to get suspicious that something was amiss with the reporting of the WTC attacks. I remember turning to him and saying, “Something is wrong here. The Bin Laden bio (which had just flashed up on the screen, as the media attempted to dupe us into accepting the false perpetrator) was canned, Jack.” I remember him looking at me, saying nothing. All day he sat in front of the television set with a funny kind of half smile. Looking back, I can see there were so many clues.
I write this now from Merida, in the Yucatan. I left the US in 2008, after more entrapment and aggression by the police. I do not believe it safe for me to return to my country. After what happened to Mom and me at the hands of Smith and his ilk , I made a decision to dedicate my life and my work to reporting on what faces us, as a nation which has been hijacked by eugenicists who prey on our innocence and trust in the American dream—“liberty and justice for all.” It is a sham and a lie. We need to set aside our erroneous beliefs and fearlessly face reality. We have been duped. Our hopes and dreams, the promise of America, will not serve to protect us in the face of the duplicity, double dealing and face it—murderous intent of those who have taken over our country.
I have worked to the best of my ability to expose the probate murders, the water weapon, the attacks on other whistlebowers, the degradation of the legal system and more. Along the way, I hosted radio shows on RBN and Liberty News Radio, and worked for a stint as a reporter at The American's Bulletin.
Today is the birthday of the man who opened my eyes by trying to destroy me. While I am grateful for the opportunity to serve the truth, I remain horrified that the USA is using taxpayer dollars to fund ruthless men like Smith, whose sole purpose seems to be to lure innocent citizens to their death. Due to my unwillingness to draw even more attention to myself coupled with the personal trauma associated with the circumstances detailed herein, I have up until now largely refrained from disclosing the above. In an effort to reveal the truth about our country, I have decided it is time to bring to light these personal and painful facts.
But isn't it funny how things work out—if this were indeed a preemptive strike, Smith only created what he was attempting to stop. God works in mysterious ways.
Monday, July 26, 2010
ManNotes from the Field Date: July 26, 2010
Reporting From: Krakow, Poland
By the late summer of 1939, Hitler's forces had absorbed Austria and Czechoslovakia into his growing empire, and Germany's military was massed at the Polish border clearly preparing for invasion.
In an astonishing display of perhaps the greatest complacency in the history of the modern world, however, Polish people sat lazing about their lakes, beaches, and riverbanks worrying about more pressing matters-- like how to beat the summer heat.
In September of that year, German troops easily vanquished the Polish army, and Krakow became the colonial seat of the occupying forces. Almost immediately, under the direction of the German SS, anyone who posed a threat was rounded up and imprisoned. This included over 180 Polish university professors and many businessmen.
Krakow, of course, is also very close to two of the main concentration camps used during the German occupation, nearby Oswiecim (Auschwitz) and Plaszow.
The worst part is that, even after the war was over, Poland merely swapped fascism for Stalinism. Overall, the country was shrouded in brutal totalitarian control for half a century; undoubtedly, the Nazi invasion of Poland set off a chain of events that would forever affect the lives of all Poles.
It's true that no one had a crystal ball back then... but it would certainly stand to reason that with Hitler knocking at your door, you would probably want to have an escape plan. Even more prudently, perhaps to have already executed it.
Many Poles did just that; they spent the preceding seasons liquidating assets, stocking up on gold, and getting their travel documents in order. By the time Hitler came to town, many of the smart ones were already gone.
My guess is that the ones who left were probably ridiculed by their peers as "crazy", or "fringe", or "out of touch", or my personal favorite, "unpatriotic." It's as if they had a solemn national duty to stay, get roped up and waste away in a concentration camp for the 'greater good' of Poland.
For those who escaped before the war, many of them went on to build new lives in places like the United States, Brazil, and Argentina. They prioritized freedom and opportunity, and they went to the best places that were safest for themselves and their families.
I've met a businessman here (I'll call him "Jarek") who I think has the best story to sum this up; when Jarek's father was just a boy in Krakow, the family saw the warning signs and decided to leave town. This was 1938.
Jarek's grandfather owned a successful bakery at the time, yet he felt that he would rather start over somewhere else than risk the safety of his family by living in a police state. They sold everything-- the house, livestock, and business... and everyone else thought they were crazy.
Within six months, the family was in Curitiba, Brazil; Jarek's grandfather soon established a new bakery that eventually became a thriving business. Jarek's father grew up in Curitiba and integrated into the local culture, yet he maintained his roots since there were many other Poles who followed them there.
30-years later, the face of Brazil started to change. By the mid-1960s, the whole of Latin America was becoming a military dictatorship. Once again, the family decided to get out while they could and head towards better opportunity; they sold the business, liquidated their assets, and this time headed towards the United States.
Jarek was just a baby when the family made this move. He grew up in a Polish neighborhood of Chicago, spoke Polish at home, and married a Polish girl from his neighborhood.
He was working as a young real estate professional in the Chicago suburbs when the Berlin Wall fell, at which point he began making more frequent trips to Poland to visit his family's homeland.
In his subsequent trips throughout the following years, Jarek began feeling like there was more and more opportunity in Poland; in 2003, fearful of what would happen in Chicago because of the "War on Terror," Jarek moved his family full-circle back to Poland because he felt like it was the safest, most opportunity-rich place for him to be.
He may have been right; his business is booming, and the family really enjoys the life they have built for themselves here. To listen to him talk, though, they would happily leave and go somewhere else if the right circumstances were presented.
"My most important obligation is to my family," he told me. "I will go wherever I can provide the best life for them, whether that is Poland, America, Brazil, or anywhere else. Nothing lasts forever, you have to expect that these things will change from time to time. People have to learn to change as well, to not get rooted in ideology.
"I think Jarek has an interesting point; I'd really like to hear from you, though,
What do you think?
Friday, July 23, 2010
Monday's night’s interview with Devvy Kidd is posted on the Multimedia page, but you can also access it here: DevvyKiddShow100719. We discussed the general concept of Involuntary Redistribution of Assets (IRA), the threat to property rights and personal liberty that many unsuspecting Americans could face and Danny Tate as an example of how being especially old or wealthy aren’t criteria for such actions.
Friday, July 16, 2010
Dad passed, peacefully, today, around 3 pm. Two of my siblings and their wives/children were present, as was the hospice chaplain. Within minutes of brief scripture readings and prayers, he passed over, without, even, a sound (no death rattle). The chaplain thought the passing was incredible. My tears ended, as soon as he passed. Thank you, all, for your support. Funeral on Monday. I will update internet postings, soon.
p.s. I have had several supportive emails without working addresses to respond, one. Please make sure I have a working email to write you back. Thanks!
Monday, July 12, 2010
SAN BERNARDINO, CA — Several years ago, all of the county's probate and conservatorship cases were moved to the Redlands Courthouse, and most of these cases were subsequently heard by Judge James M. Welch.
Recent documents obtained by the Sentinel point to suspicious financial activity by Welch, who at one point in time was the presiding judge of San Bernardino County. Welch was featured in an article in the Sentinel on June 12th of this year in a lengthy exposé regarding questionable business practices by Melodie Z. Scott, a professional fiduciary and conservator for the elderly. Scott is President of C.A.R.E., Inc., located at 25 E. State Street in Redlands, right around the corner from the courthouse.
The activities by Scott cited by the Sentinel as questionable involved giving conservatee property to her own family members, overcharges on her clients' accounts, missing monies from clients' accounts, selling conservatee property at bargain basement rates only to have the property jump in value and resold the next year, withholding medical care from conservatees resulting in death, and allegations of possible undue influence on judges.
The documents uncovered relating to Judge Welch reveal that he has mortgaged his primary residence, located in the 300 block of La Colina in Redlands several times in recent years, encumbering it with loans which could not possibly be paid back on a judge's salary in the brief
In 1998, Welch and his wife, Ginny, took out a loan for $217,200 on their La Colina residence, which was fully paid back in March of 2003. The reconveyance document number attached to this transaction is
In February of 2003, James and Ginny Welch took out another loan on their residence, this time for $234,000. This was fully paid back by June 10, 2004, as listed in document number
Another loan was taken out by the Welches on May 17, 2004, as listed in document number
Messages were left with Welch's secretary, inquiring as to where the money was going and how he was paying these loans back. The possibility that Welch was taking out loans and investing the money, then paying back the loans with the proceeds was considered and discarded. For the last seven years, Welch has reported to the Fair Political Practices Commission on his form 700 financial disclosure statements that he has no investments.
A query was also left with Judge Welch's secretary as to three property transactions recorded in neighboring Riverside County, attributed to a James Michael Welch, Trustee.
Judge Welch has declined to comment. Presiding judge Jim McGuire issued a terse letter on August 12th, 2009, in response to an inquiry from the Sentinel about the Welch loans and Riverside County transactions. McGuire stated:
Please be advised that I have received and reviewed your letter of August 11, 2009. Please be further advised that I am an administrative presiding judge and, therefore, my review jurisdiction is limited. Nothing contained in your letter is of a nature over which I would have review jurisdiction. Any request for review or investigation by me is, therefore, denied.
There has been no confirmation or denial from the court as to whether Welch's exodus from his probate assignment in Redlands had any bearing on the recent media scrutiny given his actions as a judge or his apparent bias towards cases involving Melodie Scott, who recently launched a legal protest concerning the denial of her fiduciary license by the California Professional Fiduciary Bureau.
This practice of judges taking out large loans appears to be widespread and crosses county boundaries. Information gathered on Commissioner John McCoy and Judge Sharon Waters (both of Riverside County) has recently been turned over to a Riverside County district attorney investigator, Jeff Chebahtah. While Chebahtah has acknowledged receipt of the information on the Waters and McCoy loans, he has at press time refused to assign a complaint/case file number. The practice of accepting evidence and refusing to assign a tracking number has been previously explored by this reporter in an article entitled: "How the California Justice System covers up crimes against the elderly: A method to the madness" and appears to be deployed when either the matter is too trivial for the district attorney to take seriously or when there is a political agenda to keep the report out of the system and thus not to investigate at all.
Parenthetically, both McCoy and Waters were recently and consecutively removed from an active case in Riverside Superior Court, following a protest lodged that the loans smacked of
In San Bernardino County, Judge Steven Mapes ascended to the bench in 2007 and currently sits on Barstow court, following his tenure as an deputy district attorney in San Bernardino. Mapes has also been involved in the loan program, apparently going back to 1998, when he took out a loan on his home on Patricia Drive for over $155,000. He subsequently took out further loans on his property, including loans for $100,000 in 2001 and 2002, another loan for $307,500, also in 2001, one for $88,500 in 2002 and a loan in 2004 which was in excess of the value of the house, recorded at the tax assessor's office as $427,528. This loan was taken out for a resounding $493,000.
More recently, in 2006, he again borrowed money against his property. Since 2001, Judge Steven Mapes has received seven different reconveyances on his loans.
Judge Mapes did not return calls from the Sentinel inquiring as to who was paying back these loans.
Crossposting of this story is for educational purposes under public domain and we in no way mean to infringe upon copyright laws.From: Janet Phelan, "Judges Involved in Multiple Property Reconveyances," The San Bernardino County Sentinel, Rancho Cucamonga, CA, September 11, 2009. Janet Phelan is an investigative journalist. She can be contacted at firstname.lastname@example.org. Reprinted in accordance with the "fair use" provision of Title 17 U.S.C.
To the General Public:
All of us are suffering from the same problem, abusive guardianships. Numerous members of this group have made valuable contributions, but the problem remains, unresolved. All of the legal maneuvers,all the prospective new laws or oversight agencies will not help us if the very root of our justice system, the judges, are compromised.
Nearly everyone on this group knows what it is like to earnestly plead his or her case in front of a supposedly "neutral" judge, only to have him rule, often in defiance of the law, for the guardian. The buck stops with the judges and we need to focus our efforts on disrobing the individuals who are so violating our families and our rights under the Constitution.
Back in September of last year, the San Bernardino County Sentinel carried a story which strongly indicated that judges were receiving bribes, dressed up as home loans. I am in the process of assembling a team --so far consisting of a legal beagle, an expert (PhD) statistician and yours truly --to address the issue of a bought-off judiciary. We need your help. We need you to do some of the legwork and start researching the judges in your area--your judges--and get over the results to us.
This is what we are asking you to do--get the records on reconveyances and non-reconveyed loans from your local hall of records, held in your judge's (or spouse's) name. In some jurisdictions, preliminary records concerning these transactions are available online. Armed with the document numbers, you then need to go into the county hall of records and request the documents pertaining to the loans and reconveyances and then get them over to me.
I know that most of us on this group are overwhelmed with our own cases and are emotionally drained. But if we want to make a difference here, we have to come together and strike at the heart of the problem. None of the legal assaults we have endured could have happened if the judges hadn't facilitated these quiet, legal atrocities.
I will look to hear from you. I am ready to assist in the process and answer any questions you may have.
For further details refer to : How to Bribe a Judge
Step one : Google Osceola property appraisers office , your first entry should always be the county you want to search...... then look for Records Search tab and click on that, which should take you to a menu like this:
In the name box you want to enter a name, in my case I entered Fernandez Adalberto Jose
This is tricky and sometimes you have to experiment, with different combination of middle initials, surnames, first names, if you are not sure you might have to go by last name only and scroll through the list.....
After scrolling through the list and locating suspect record then you click on it to bring it up...
In this case the older brother Adalberto Jose Fernandez had all his life to convince his mother to
pass him title, however due to poor communications and ill feelings he never tried, but when Alzheimer's set in the golden opportunity presented itself.
The General rule in these cases is once the elderly couple starts to present signs of forgetfulness,dementia, Alzhaiermers, they are fair game and the first to get to them gets to keep the booty, as these deeds are very hard to reverse....
This is often the first step now you have to go research the mortgage conveyances for step #2
I like to start my search at the Tax assessors office because I can find a lot of information about the subject I am investigating there.
For instance I can find out how much they purportedly paid for the property, when it was deeded over to them and through what kind of Deed, a Warranty Deed or a Quit Claim Deed, a Quit Claim Deed is usually done by people who want to get the job done in a hurry and involve the least number of people as possible.
I can find out what kind of improvements they made to the property for instance added a swimming pool or an extra wing to the house.
There is lots of useful information that can be gleamed from the tax record, if the subject claims homestead or uses the property as a secondary investment property.
One you established this then is time to go to the : Clerk of the Circuit Court Records and further your research. Once here you want to look for a tab labeled Public Access to Public Records
Once you made it this far you should be able to search by :
|¤||Search By Name|
|¤||Search By Name Advanced.|
|¤||Search By Case No.|
|¤||Search By Case No. Advanced|
This is what PI's do , you can find out if someone is in the habit of paying their traffic fines, foreclosures, injunctions ,family violence history, and you can get to know someone quite intimately sadly this is to often done after the damage has been done. Flim flam artists often leave a long trail of destruction in many counties and you have become one more in a long list of statistics......
Judges are better than average people in covering their tracks and can often use surnames, friends,lovers,acquaintances , Once you get familiar and start researching your judges you might be surprised at what you find.
I once found a wealthy landlord who had gotten all his properties from widows who had Alzheimer's and often took mortgages in their names to cover up his tracks of course you can bet they never saw any of the proceeds from the loans but that a story for another article.....
Sunday, July 11, 2010
By the time I returned to hospice, late afternoon on Friday, it was obvious my father had taken a, definite, turn for the worse. He is losing his ability to, even, take fluids, without aspirating. It is clear that the intake by mouth was not going to last long. At this point, my father has suffered, so much, that, even if the judge had allowed the feeding tube, it is not clear how my father would have done. He has not had anymore events, of pulmonary edema, since June 20th. It appears that the turn for the worse took place, with the move to hospice. It would, also, have been life-affirming had my father not been in a state of limbo, for over a week, waiting for an expedited court hearing. He should have, at least, had the chance for physical therapy, instead of just waiting. There are too many, unanswered or unanswerable, questions, at this point. The bottom line, now, is that he is dying. Although Dad had been sedated, during the several days, before I returned , he was consoled, again, with my presence. Since my return on Friday, the nurses had not sedated him. One documented that my presence was a comfort. Others realized that some of what they called "agitation" was his effort to communicate. Family is, very, valuable for interpretation; yet, another reason why decisions should be made by loving family members.
It is, now, Sunday morning, just after 4AM, and my father has been given a small dose of sedative. However, NOW, it is on his terms. At 3:30 I heard him crying out in pain. I asked if he wanted some medicine, for the pain. I asked this, several times. Each time he shook his head, 'Yes". After he was checked for other possible sources of discomfort the sedative was given and he is resting, again. I have been able to give him hugs and he has thanked me, for my comfort, by taking my hand to his lips and kissing my hand. At least, I know, in this, I am doing my best to comfort him and, also, to provide him the dignity of his requests. Although he confirmed, two weeks, ago, that he wanted a feeding tube, that right was denied. Only God knows, if that would have made a difference. For now, I can, only, provide comfort and be thankful that I can be with him, during this time. Thank you, Friends, for following my updates.
Barbara I have been moved to tears, but a good cry is good for the heart, for you to consider us your family to share such a special experience with us , not withstanding brought flashback of sharing my father's last moments on earth, an event that the State, DCF,Guardianships Courts, and others , tried Oh, so hard to prevent and made us spend so, so much money in attoneys fees, in order to be able to remain by my father's side up until his death.... having said that .. the Bible in Ecclesiastes says "The moment of ones death is more important than one birth." I would not have traded my father's last days on earth for all the hundreds of thousands I had to pay in legal ransom to be able to do so... it was easily worth every penny and I would do it all over again....
John goes on to relate how Jesus raised Lazarus from death to life (John 11:12-45). In the Bible, death is often referred to as sleep—a total lack of consciousness (Psalm 13:3; Ecclesiastes 9:5). The beautiful metaphor of sleep emphasizes the fact that the first death is temporary and that everyone who dies will be awakened!This understanding of death is much more comforting than all the biblical and erroneous ideas about death.
1 Corinthians 15:22, 26
For as in Adam all die, even so in Christ all shall be made alive…
The last enemy that will be destroyed is death.
God created us with a kind of instinct for self-preservation, and the Bible portrays death as our enemy. But after the return of Christ, "death [will be] swallowed up in victory" (1 Corinthians 15:54).
A person who is close to God can, in one sense, look forward to death, as Paul did (Philippians 1:21-24). But what he or she is really looking forward to is not death itself, but waking up with a new spirit body in God's Kingdom!
It is better to go to a house of mourning than to go to a house of feasting, for death is the destiny of every man; the living should take this to heart. Sorrow is better than laughter, because a sad face is good for the heart. The heart of the wise is in the house of mourning, but the heart of fools is in the house of pleasure.
You are lucky indeed that after much isolation you were allowed to be with your father during his most important moments, yet there are those that would dare say he was 'agitated' by your presence and keep you from him, I know If I was dying and I saw the person I most loved, my daughter,mate,mother, I would be agitated to say the least!
I think of those and I weep! those like Janet Phelan whose mother's death was kept from her for two weeks! or Robert Sarhan, or Bonnie Reiter or the countless others who were denied being with their loved ones during their most precious last moments on earth! What words can be said for the vultures that gorge on the flesh of our loves ones? Yet after having done so deny us of the company of our loves ones during their precious last years on this planet?
And as for the people who did this to us , the millions they stole from our parents won't save them as their time draws near, " But you, draw near, you sons of a sorceress, adulterous, wanton race! Of whom do you make sport, at whom do you open wide your mouth, and put out your tongue? Are you not a rebellious children, a worthless race;" (Isaiah 57:3-4)
When the people turned away from righteousness and denied justice it was written: For I will upset the battle plans of Judah and Jerusalem and let invading armies slaughter them. The enemy will leave the dead bodies as food for the vultures and wild animals. I will wipe Jerusalem from the face of the earth, making it a monument to their stupidity. All who pass by will be appalled and will gasp at the destruction they see there. I will see to it that your enemies lay siege to the city until all the food is gone. Then those trapped inside will have to eat their own sons and daughters and friends. They will be driven to utter despair.' (Jeremiah 19:6-9
and so it came to pass...........
And as for the armies of Guardians and Attorneys who with their Armani suits and alligator shoes, plunder from the dead and the dying , someone a long time ago has your number ..........
Woe to you teachers of the law, you hypocrites! For you are like whitened tombs, which outwardly appear beautiful, but inwardly are full of dead men’s bones, and of all uncleanness. Even so you also outwardly appear righteous to men, but inwardly you are full of hypocrisy and iniquity. Matthew 23:27
All the work we performed by volunteers in a loving fashion, with weekend outings to the beach, etc.... When I asked how much it cost to keep an elder there, the cost was -0- .Work was all done lovingly by volunteers! for free!I was informed that the the reasons that they were there because they were the last of the line.
Watch the video, when I asked if I could take pictures they said "Why Not?" in contrast in the US it costs thousands to keep an elder there, under conditions so bad that they shudder should you ask to take pictures!
What a shame, How could the American people be so indifferent? Do they think that they are immune to the ravages of time?
Dale another explanation is that American society has been brought up to be so materialistic that to go go out and earn a buck is more important than for any members of the family to take turns taking care of grandma/pa , elders are not bringing any money home therefor they are useless eaters to be confined to die in a old's people warehouse, this is so well established in American society, that any of us that want to take care of the old folks are seen as an anomaly, there must be something wrong with us, or we must have ulterior motives! It is not normal! We must ostracized.
Then there is the financial aspect, if they are broke, no ones cares, if they have saved up for their old age, then surely you must not be allowed to take care of them, you must have other motives, and that must not happen, a
guardian and his armies of attorneys, fiduciaries must me put in charge, no matter how many lives they destroy in the process, only and only if they IP incapacitated person survives the process when the money is gone are you allowed a chance to care for them, as is the case with my mother Clara G. Fernandez, (well documented here) after 5 years of legions of attorneys gorging themselves at the probate feeding trough , were we allowed to take care of her, but only when all the money in the Trust was gone.
Friday, July 9, 2010
America You Do It in Key West, you do it Maryland, L.A. and you do it in New York! And You Do it Oh So Well !
AS I left the grocery store with bottle of antibiotic in hand I reached over and grabbed a free neighborhood newspaper, now that I am on a roll lets report MORE on what public servants do best in this great country as I grabbed the rag turned to section on public servants, cranked up the laptop started writing:
by Brendan Brosh Bronx,New York.
His job was to help the living. Instead, a ruthless Bronx lawyer plundered $300,000 from the estates of the dead, prosecutors charge.
Lawyer Michael Lippman, counsel to the Bronx public administrator from 1983 through last year, surrendered yesterday to face charges of billing for work he never performed on five estates.
Public administrators are supposed to find heirs when someone dies without a will, and then fairly distribute an estate's assets as quickly as possible.
The survivors are often vulnerable families unfamiliar with the intricacies of probate law.
The city Department of Investigation charged Lippman repeatedly took advance fees from the estates without court approval. In each case, the bill was either inflated or for work that was never done.
DOI Commissioner Rose Gill Hearn said Lippman used his position "to extract excessive and unearned fees from the estates of deceased Bronx residents."
He pleaded not guilty and was released without bail. His lawyer, Murray Richman, said the statute of limitations had expired on the charges of grand larceny, scheming to defraud and falsifying business records.
Lippman pocketed more than $1.5 million in upfront fees between 2005 and April 2008, before he was dogged with questions about the practice.
Records show that during that time, Lippman was drowning in debt - facing foreclosure on a $400,000 mortgage, $1 million in gambling losses and $600,000 in unpaid taxes.
Richman said the Bronx district attorney's office was meddling in a lawyer's ability to run his business.
"It puts a chilling effect on all attorneys charging fees because the district attorney has the opportunity to look over what fees can be charged," he said.
Lippman is expected back in court in October.
Thursday, July 8, 2010
July 8th update on my, elderly, father, William L. Morris (by Barbara Morris).
Having survived the heart attack, 16 months, my father was admitted to
As it turns out, my father, no longer, needs a feeding tube and is able to eat and drink, by mouth. The details surrounding feeding and hydration are significant, as are the continued efforts by the
While in ICU my father received a “swallow test” which he, allegedly, failed. However, the NPO order (no food or fluids, by mouth) was applied inconsistently. Initially, several nurses gave him thickened fluids for thirst. The hydration ceased, yet, in spite of the order, my father was given his meds orally (pills crushed in apple sauce or thickened beverage). This continued for over a week, until the Thursday, July 1st hearing. In a significant reversal, Judge Timothy J. McCrone ordered that my father was to be given food and hydration by mouth. Within a 24-hour period my father went from a hospital order for no food or fluids, by mouth, to pureed foods, to soften foods. His fluids, still, need to be thickened (to prevent aspiration), and, in the hospital, he was to have as much as he wanted. The only problem occurred when a sitter (ordered, during the final week, by the Office on Aging caseworker) gave my father water which was not appropriately, thickened.
On July 2nd I spoke with the supervising doctor and asked what protocol was, still, required. The doctor, immediately, ordered the diet upgraded to “soft”, the I.V. feeding/hydration removed, and the catheter removed. I, also, requested a physical therapy examination. The doctor said he would order that, as well. Within hours, I learned that the caseworker, Marcia Soergel, was trying to rush my father out of the hospital, that same day, into hospice. With the holiday weekend, she was not able to succeed in that transfer until Sunday evening, July 4th.
Meanwhile, my father had a physical therapy examination on Saturday, July 3rd, which he passed with flying colors. He had been in the hospital bed for over three weeks, but was able, with assistance, to get out of bed using a walker, walk to the bathroom, use the toilet and return to the room to sit in a chair for over two hours. The physical therapist, not only, deemed him, fully, qualified for physical therapy, but expressed it with great enthusiasm. It begs the question as to why Marcia Soergel wanted my father rushed out of the hospital, so, quickly. Had she succeeded in moving him on Friday, I would not have known the positive results of my father’s physical therapy examination.
Although, my father has a weak heart and is not a candidate for heart surgery he passed a physical therapy examination with flying colors. He was reinstated food and hydration by mouth. Yet, he was transferred on Sunday evening (July 4th) to a hospice in
I went to the hospice facility, the next day, and it was most fortunate that I did. I arrived around noon. As I got off the elevator, I heard my father crying out, “Water! Water! Water!” I didn’t need a room number to find him. I went into his room to find a lunch tray, sitting on a cart by the wall, and no caregiver in sight. He had been ordered a “Pleasure” diet, i.e. a regular meal, not one softened to accommodate his needs. Most importantly, the water and lemonade on the tray were not thickened. Had he been given the fluids, he could, easily, have taken them into his lungs and aspirated.
I, immediately, located hospice staff to remedy the situation. The nurse brought a prepackaged thickened beverage, instead of water, as requested. I explained to her that when my father wants water, another beverage will not suffice. I, also, explained to her that he needs water, with the thickening agent added. At first, she looked at me, as if she had no idea what I was talking about. Fortunately, a caregiver was present and assisted in explaining what was needed. It took another 20 minutes, while my father continued begging for water, but, a small container of the thickening agent, finally, arrived.
Needless to say, the
Just as crucial, to my father’s well being, are his mental and emotional states. He is, once again, traumatized. He begged me, repeatedly, to stay with him. (This was the never-ending cry, for three years, in assisted living.) I asked if he is afraid. He nodded his head, “Yes”. He said he is afraid that he is dying. And, now, again, he is separated from his family, but with the, additional, separation from his wife. [My mother,
Concerned about other protocol, I asked the hospice doctor about physical therapy and told him of the positive results from the hospital. This doctor stated that, not only, does the hospice not provide physical therapy, but since my father’s heart is weak, physical therapy would be “detrimental” to him. The alternative is that they will “keep him comfortable until…”. I responded that I would rather my father have a heart attack from physical exertion than to be laying in a bed, in a negative mental state and traumatized by isolation from his wife and family, as he realizes he is being left to die, and without any activities to support a positive mental state.
As with others, in this four year, saga, I have to question motives. The hospice had one bed open. What is that worth? Why would positive physical therapy results at the hospital not be considered of value at hospice, in fact, completely, contradicted by the hospice doctor? It appears to be, yet, another, conflict of interest for the hospice to recommend, otherwise, they would sacrifice the income. And, once again, the Office on Aging caseworker is being supported with their agenda.
Again, it is important to reiterate that the Office on Aging has spent all of my parents’ money (an estate worth, approximately, $450,000, in four years). My parents’ names are on the Medicaid waiting list, but it is not, yet, available. The result; the Howard
Now, the Office on Aging is ignoring the positive physical therapy results, from the hospital and is denying my father, further, physical therapy. As far as I know, there are no plans to get my father out of bed; even to sit in a chair, as had been done, on several occasions, at
These events support all that I have documented and posted, including my recent posting, “Intent to Murder by the
Again, for more history, do a “google” search with “Neglect and Abuse of William and
Once again, to drive the internet machine, here are the names of the perpetrators and those that acquiesce: (Office on Aging Caseworker) Ofelia Ross, (Attorney) Ria Rochvarg, (Attorney) Tony/Anthony Doyle, (County Attorney) Beverly Heydon, Howard County Circuit Court judges, Judge Louis A. Becker (now recused), Judge Dennis M. Sweeney (now retired) and Administrative Judge Diane Leasure, (Additional, APS, Office on Aging and other Howard County Social Services staff) Janis DiSibio, Shareese Kess-Lewis, Debbie Beares, Peggy Rightnour, Phyllis Madachy, Susan Rosenbaum, Sue/Susan Vaeth, Charlene Gallion, and Marcia Soergel. Greedy assisted living owners who, also, participated, Carmen Collandrea and Richard Collandrea of Bryant Woods Inn Assisted Living in Columbia, Maryland, and their former “manager”, Sandra Farrow (convicted felon). Currently participating are Pfefferkorn Assisted Living (West Friendship, MD) owners, William and
Loving daughter of William and