New Probate Judge Handling Murder Victim's Estate
EAST HARTFORD — Probate Judge Michael M. Darby has been assigned to hear proceedings regarding the estate of Beverly Therrien, who was murdered along with two others at her home on Thanksgiving Day 2010.
Darby, the probate judge for Greater Manchester, took over the case after East Hartford Probate Judge Allan Driscoll removed himself from the case. Driscoll has not given a reason for his recusal, and Darby held a status conference Monday in the East Hartford court to familiarize himself with details of the case.
The estate proceedings, which have been going on for two years, are unusually complex because Therrien's son is charged with her killing and her daughter is charged with tampering with evidence in the case.
While he has not discussed the case with Driscoll, Darby said: "I know there's a lot of emotion involved in this estate. I'm very sensitive to the background here."
Therrien's son, Brett Bednarz, 48, is awaiting trial on charges that he killed his 74-year-old mother along with Pamela Johns, 60, and Michael Ramsey, 53, who were staying with Therrien at her home at 154 Naomi Drive, East Hartford.
Bednarz was charged with the murders on Oct. 15, 2012. and has rejected a plea deal for 50 years in prison. His sister, Candace Bednarz, 54, of Manchester, petitioned to become fiduciary of their mother's estate, and is currently serving as administrator.
Driscoll sought to have Candace Bednarz removed as administrator in May after she was arrested April 19 on charges of hindering prosecution and tampering with evidence after police said found she had in her possession the cellular telephones of two of the murder victims.
Candace Bednarz attended the hearing Monday, along with Michael Tillotson, the son of Pamela Johns.
Brett Bednarz was convicted of assaulting Therrien before the murder. The manager of First Niagara Bank in East Hartford had contacted police after the killings and told them that Brett and Candace Bednarz wanted to close a safe deposit box they held jointly with their mother and to transfer the items to a box only they controlled. The manager said the pair also asked about accounts of their deceased father, Andrew Bednarz, 92, who died of a heart attack 10 weeks before Therrien was murdered.
Tillotson's attorney, Jay Melley, told Darby Monday that he is concerned that Candace Bednarz has not made sufficient effort to report all of the assets of her mother's estate. Melley also said that although they were divorced, Andrew Bednarz intended that his estate transfer to Therrien, but because the estate didn't go through the probate court, Brett and Candace Bednarz may have had access to their father's assets.
Melley said that in January, the state victim's advocate first raised concerns about "whether or not Ms. Bednarz had done all that could be done in terms of analyzing the assets of the estate," and said there may be "other bank accounts out there."
Candace Bednarz's lawyer, John D. Labelle Jr., was critical of former victim's advocate Michelle Cruz's involvement, saying, "why she came in here is beyond me ... she just threw out these allegations and that was it." Gov. Dannel P. Malloy replaced Cruz with Garvin G. Ambrose in February.
Under state law, Brett Bednarz would be prohibited from inheriting his mother's estate if convicted of her killing. But Darby and Melley agreed that "at present," Candace Bednarz's charges do not fall under that statute and a conviction would not preclude her from inheriting.
Darby said he plans to schedule another hearing "promptly" to rule on whether Candace Bednarz should be removed as administrator, and if she should be allowed to sell a home at 105 Naomi Drive that is part of the estate.
Darby, the probate judge for Greater Manchester, took over the case after East Hartford Probate Judge Allan Driscoll removed himself from the case. Driscoll has not given a reason for his recusal, and Darby held a status conference Monday in the East Hartford court to familiarize himself with details of the case.
The estate proceedings, which have been going on for two years, are unusually complex because Therrien's son is charged with her killing and her daughter is charged with tampering with evidence in the case.
Therrien's son, Brett Bednarz, 48, is awaiting trial on charges that he killed his 74-year-old mother along with Pamela Johns, 60, and Michael Ramsey, 53, who were staying with Therrien at her home at 154 Naomi Drive, East Hartford.
Bednarz was charged with the murders on Oct. 15, 2012. and has rejected a plea deal for 50 years in prison. His sister, Candace Bednarz, 54, of Manchester, petitioned to become fiduciary of their mother's estate, and is currently serving as administrator.
Driscoll sought to have Candace Bednarz removed as administrator in May after she was arrested April 19 on charges of hindering prosecution and tampering with evidence after police said found she had in her possession the cellular telephones of two of the murder victims.
Candace Bednarz attended the hearing Monday, along with Michael Tillotson, the son of Pamela Johns.
Brett Bednarz was convicted of assaulting Therrien before the murder. The manager of First Niagara Bank in East Hartford had contacted police after the killings and told them that Brett and Candace Bednarz wanted to close a safe deposit box they held jointly with their mother and to transfer the items to a box only they controlled. The manager said the pair also asked about accounts of their deceased father, Andrew Bednarz, 92, who died of a heart attack 10 weeks before Therrien was murdered.
Tillotson's attorney, Jay Melley, told Darby Monday that he is concerned that Candace Bednarz has not made sufficient effort to report all of the assets of her mother's estate. Melley also said that although they were divorced, Andrew Bednarz intended that his estate transfer to Therrien, but because the estate didn't go through the probate court, Brett and Candace Bednarz may have had access to their father's assets.
Melley said that in January, the state victim's advocate first raised concerns about "whether or not Ms. Bednarz had done all that could be done in terms of analyzing the assets of the estate," and said there may be "other bank accounts out there."
Candace Bednarz's lawyer, John D. Labelle Jr., was critical of former victim's advocate Michelle Cruz's involvement, saying, "why she came in here is beyond me ... she just threw out these allegations and that was it." Gov. Dannel P. Malloy replaced Cruz with Garvin G. Ambrose in February.
Under state law, Brett Bednarz would be prohibited from inheriting his mother's estate if convicted of her killing. But Darby and Melley agreed that "at present," Candace Bednarz's charges do not fall under that statute and a conviction would not preclude her from inheriting.
Darby said he plans to schedule another hearing "promptly" to rule on whether Candace Bednarz should be removed as administrator, and if she should be allowed to sell a home at 105 Naomi Drive that is part of the estate.
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