Why does that quote ring a bell...the Probate Court of Cook County and its minions actually became the heirs of Alice R. Gore, a disabled 99 year old ward. The blood heirs got next to nothing or nothing...the court parasites got the majority of Alice's estate. Lucius Verenus, Schoolmaster, ProbateSharks.com
Trial underway for caregiver in alleged plot to defraud elderly man
melissa adler
Adler
Posted: Tuesday, August 6, 2013 12:01 am | Updated: 1:10 am, Tue Aug 6, 2013.
Testimony is set to begin Tuesday morning in the trial of an Axtell woman charged with defrauding an elderly man to become an heir to his estate. State attorneys and attorneys for Melissa Adler, 45, spent Monday afternoon selecting a jury after spending the morning debating a defense motion to quash the indictment against Adler. Defense attorney Bill Johnston argued that the assistant attorneys general handling the case had no authority to do so because a recusal motion from McLennan County District Attorney Abel Reyna was not timely filed.
Retired State District Judge George Allen denied the motion and ordered jury selection to begin.
Reyna recused his office from handling the case after Adler and Waco attorney Ray Rushing were indicted in June 2011 on charges of securing the execution of a document by deception.
Johnston argued that Reyna’s office didn’t file the formal recusal papers until last week, which should negate previous actions, including seeking an indictment, by the attorney general’s office.
Reyna, who testified at a pretrial hearing in the case Monday morning, said he recused his office because of his and his family’s longtime relationship with Rushing.
The attorney general’s office dismissed the charges against Rushing in March after he completed an undisclosed pretrial diversion agreement, court documents show.
Rushing declined comment Monday on the agreement, but said he has been subpoenaed to testify at Adler’s trial.
Assistant Attorney General Carolyn Denero told the judge Monday morning that the state is abandoning two counts in the five-count indictment, including the fourth count of securing a document by deception and Count 5, theft of more than $100,000 but less than $200,000.
According to the indictment, Adler is charged with forming a relationship with Eugene Handley, whom she cared for in a professional capacity, and then “by deception with intent to defraud” got him to put her into his will so she would inherit more than $100,000.
Count 1 alleges she defrauded former County Judge Jim Lewis, who probated the will. Count 2 alleges she defrauded Waco attorney Gerald Villarrial, who was involved in the process, and Count 3 alleges she defrauded Handley.
The dismissed charges against Rushing had alleged that Adler paid him $5,000 from the estate proceeds to redraw Handley’s will, bestowing his estate to Adler.
Adler was charged with insurance fraud in January as part of an investigation into what authorities called a suspicious home fire in November.
Sheriff’s office deputies alleged Adler falsely reported items damaged in a fire at her home on Retreat Center Road near Axtell.
Those charges remain pending and are not part of the trial this week.
KawamotoDragon.com
Retired State District Judge George Allen denied the motion and ordered jury selection to begin.
Reyna recused his office from handling the case after Adler and Waco attorney Ray Rushing were indicted in June 2011 on charges of securing the execution of a document by deception.
Johnston argued that Reyna’s office didn’t file the formal recusal papers until last week, which should negate previous actions, including seeking an indictment, by the attorney general’s office.
Reyna, who testified at a pretrial hearing in the case Monday morning, said he recused his office because of his and his family’s longtime relationship with Rushing.
The attorney general’s office dismissed the charges against Rushing in March after he completed an undisclosed pretrial diversion agreement, court documents show.
Rushing declined comment Monday on the agreement, but said he has been subpoenaed to testify at Adler’s trial.
Assistant Attorney General Carolyn Denero told the judge Monday morning that the state is abandoning two counts in the five-count indictment, including the fourth count of securing a document by deception and Count 5, theft of more than $100,000 but less than $200,000.
According to the indictment, Adler is charged with forming a relationship with Eugene Handley, whom she cared for in a professional capacity, and then “by deception with intent to defraud” got him to put her into his will so she would inherit more than $100,000.
Count 1 alleges she defrauded former County Judge Jim Lewis, who probated the will. Count 2 alleges she defrauded Waco attorney Gerald Villarrial, who was involved in the process, and Count 3 alleges she defrauded Handley.
The dismissed charges against Rushing had alleged that Adler paid him $5,000 from the estate proceeds to redraw Handley’s will, bestowing his estate to Adler.
Adler was charged with insurance fraud in January as part of an investigation into what authorities called a suspicious home fire in November.
Sheriff’s office deputies alleged Adler falsely reported items damaged in a fire at her home on Retreat Center Road near Axtell.
Those charges remain pending and are not part of the trial this week.
KawamotoDragon.com
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