Lawyer: Cop is exploiting elderly woman
93-year-old's bid to leave estate to detective questioned
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Portsmouth police Detective Aaron Goodwin is alleged by attorney James Ritzo to be taking advantage of an elderly woman to inherit her valuable estate. Deb Cram file photo
PORTSMOUTH — A Superior Court judge is scheduled to preside over a hearing Thursday regarding allegations that a Portsmouth police detective is exploiting an incompetent elderly woman to inherit her significant estate.
The detective, Aaron Goodwin, 33, denies any wrongdoing. Meanwhile, the New Hampshire attorney general's office and Bureau of Elderly Affairs have stated there's no evidence of a crime, while Portsmouth police brass say the accusations largely pertain to off-duty activity.
The woman, who will be 94 in December and whose competency is being disputed, has an estate that includes an $805,000 waterfront home with boat docks and an in-ground swimming pool, according to Portsmouth assessing records. When recently asked if Goodwin is named as a beneficiary of her new trust, which was filed in June with the county probate court, the woman told Seacoast Media Group, "You bet he is."
"It's my money and my house and I'll do as I please," she said.
Making accusations in a Rockingham County Superior Court probate motion that Goodwin provided companionship to the woman so he'd "inherit the entire estate" is attorney James Ritzo. The Portsmouth lawyer filed a motion with the court stating the elderly woman was his client for the past 25 years and during the last 10 years, he alleges, she has suffered "increasingly" from dementia, Alzheimer's disease and failing eyesight.
In his motion, Ritzo wrote that he drafted several wills for the woman, most recently in 2009, and that they remained fairly consistent over the years. Instead of billing the elderly client regularly during those 25 years, Ritzo wrote, he had an agreement stating he'd be paid a percentage of her estate "for past services."
That changed, Ritzo claims in his motion, shortly after the detective met the elderly woman in November 2010, when she called police about a prowler. Two weeks later, Ritzo wrote in court documents, the woman asked him to change her will so she could "leave her entire estate to detective Aaron Goodwin."
Ritzo's motion states he refused to change the will due to the woman's "mental state," as well as "circumstances" he claims are based on knowing her for the past quarter century. He further alleges in his court filing that Goodwin shopped the woman's will around to "at least" four attorneys, asking them to change the will "so he would inherit the 'entire estate,' and discussed plans for renovating (her) house when he received it."
Meanwhile, Ritzo alleges in his motion, Goodwin took the elderly woman to casinos, out for drinks and to restaurants, and monitored her phone calls and bank accounts.
During a recent phone interview, the woman told SMG that Goodwin has taken her to casinos and that she rents her boat docks to local police officers. She also described the detective as "the best thing that ever happened to me."
Ritzo claims in his court motion that Goodwin severed the woman's contact with her family, including a disabled grandson, and worked with attorney Gary Holmes to create a new trust, which according to public records, was recorded with the county probate office on June 25. That trust is not a public record.
Holmes recently told SMG "there are many sides to this issue," while declining to comment further due to attorney-client privilege.
Goodwin called the accusations "completely untrue" and produced letters from the state Bureau of Elderly and Adult Services dated June 12 and Sept. 19, which say investigations into reports of elder exploitation were conducted.
"Based on the information that was available during the investigation, the bureau has determined that the report is unfounded," both letters state.
"I welcome full disclosure and release of these investigations to the public," Goodwin said in a written statement. "I believe in time the true motivation for these claims will be exposed."
Police Chief Stephen DuBois described the allegations against Goodwin as generally concerning "off-duty personal issues which do not involve the Portsmouth Police Department."
"Because there was minimum on-duty contact between the officer involved and a citizen who is also the subject of the allegations being made by attorney Ritzo, the department did conduct a thorough investigation of those contacts," DuBois said in a written statement. "The Portsmouth Police Department is convinced there was no violation of law or departmental regulations committed by the officer involved."
DuBois said Ritzo's allegations are being considered by "governmental agencies outside of the Portsmouth Police Department and resolution of those issues will be the responsibility of those agencies."
John Golumb, chairman of the city's Police Commission, said DuBois has kept the commission aware of the allegations and "supports the manner in which Chief DuBois is handling this matter."
Ritzo has asked the court to order that the woman be evaluated to determine her competency with regard to her endorsing the new trust for her estate.
According to a Portsmouth police report Ritzo filed with the Superior Court, on Feb. 24, 2011, a Portsmouth Regional Hospital physician called police to say a caregiver was reporting the same elderly woman "has dementia" and was unable to care for herself. The report indicates a named patrol officer was dispatched, but Goodwin also responded and informed medical staff that the woman "does not have dementia" and was just being "stubborn about going to the hospital."
Ritzo's motion states that "it is to (Goodwin's) advantage to state that (the woman) did not have dementia contrary to the opinion of her physician." The elderly woman, according to Ritzo's motion, continues to live alone and "is being supervised and controlled by Aaron Goodwin."
"I would submit to you that Aaron Goodwin is exploiting the elderly for his advantage by not giving her the care that she needs and by not admitting that she has dementia as stated by her physician," Ritzo wrote. He also reported to the court that he has power of attorney for the woman.
Ritzo claims in his motion that attorney Holmes requested that Ritzo turn over documents he has pertaining to the woman's estate and he asks a judge how he should respond if the woman is found incompetent.
No response has been filed with the court by Holmes. However, Holmes did file a motion on Oct. 2 to have the entire case file sealed from public view. That request was denied by Judge Peter Hurd and the file remains open.
Ritzo previously filed two similar complaints with John McCormack, an attorney with the attorney general's criminal bureau, making the same allegations.
In both instances, McCormack responded by letter stating there was no "reasonable suspicion" that any crime was committed, and therefore no investigation would be opened.
Thursday's hearing is a structuring conference which, by statute, means all parties must be prepared to discuss a settlement, or the conduct for an upcoming trial.
http://www.seacoastonline.com/articles/20121104-NEWS-211040356
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