Monday, October 31, 2011
California assemblywoman Mary Hayashi charged with felony grand theft
This story is taken from Sacbee / Our Region / Crime
California assemblywoman Mary Hayashi charged with felony grand theft
jsanders@sacbee.com
Published Saturday, Oct. 29, 2011
Assemblywoman Mary Hayashi has been charged with felony grand theft after allegedly being caught by security officers stealing nearly $2,500 in clothing from a San Francisco Neiman Marcus store.
The 45-year-old Castro Valley Democrat, wife of a Bay Area judge, pleaded not guilty Thursday in San Francisco Superior Court and is free on $15,000 bail pending further proceedings Nov. 15.
Sam Singer, spokesman for Hayashi, said the arrest occurred after she left the store while using her cellular phone.
"The incident in San Francisco was a mistake and a misunderstanding," Singer said. "The assemblywoman strongly believes in the justice system and is hopeful that this matter will be cleared up soon."
Hayashi, who is scheduled to be termed out of office next year, chairs the Assembly Business, Professions and Consumer Protection Committee.
The veteran lawmaker was placed under citizen's arrest by security officers outside Neiman Marcus after leaving the store without paying for clothing items, said Officer Carlos Manfredi of the San Francisco Police Department.
Hayashi had passed several cash registers without stopping and the incident was captured on videotape, said Manfredi, adding that the clothing was recovered and has been booked into evidence.
Leather pants, a black skirt and a white blouse were the merchandise involved, Singer confirmed. He did not know their brand names or value.
Hayashi, after being stopped by Neiman Marcus security officers about 12:15 p.m. Sunday, was taken into custody by San Francisco police and released on bail about seven hours later – at 7:28 p.m., reports said.
Maximum sentence is three years in prison for grand theft, but first-time offenders typically do not receive such stiff sentences, said Assistant District Attorney Omid Talai, spokesman for the San Francisco DA's office.
Talai declined to comment on Hayashi's likely punishment if convicted.
Hayashi is embarrassed, distraught and she apologizes for any misunderstanding, but she has no intention of resigning from office, Singer said.
"Absolutely not," he said. "She is one of the most respected members of the Assembly – a fine, upstanding citizen and a role model. This is a mistake and nothing more."
Hayashi had entered Neiman Marcus with two shopping bags. One contained items purchased from another store; the other had merchandise that she intended to return to Neiman Marcus, Singer said.
While inside Neiman Marcus, she picked up some additional items to purchase. Distracted while using a cellular phone, she stepped outside briefly "without really thinking about it," Singer said.
She immediately realized her mistake, but before she could rectify it, she was stopped by store security officers, Singer said.
"She was probably trying to do too much at the same time and was distracted," Singer said. "She made a mistake, but she did not intend to do what she's been accused of doing."
The arrest does not disqualify Hayashi from serving in the Legislature.
Political repercussions could hurt her political career, however, even if she is not forced from office, political analyst Bob Stern said.
"For most public officials, the publicity is far worse than the penalty," Stern said.
Spokesman John Vigna released a written statement that said Assembly Speaker John A. Pérez will await findings of the criminal justice system.
"The Speaker believes that Ms. Hayashi has the same right to due process as every person in California," Vigna said. "This is a serious matter and must be resolved through the appropriate setting of the courts."
Hayashi represents an Alameda County Assembly district that includes all or parts of Castro Valley, Hayward, Oakland, Pleasanton, San Leandro and San Lorenzo.
The lawmaker is married to Alameda Superior Court Judge Dennis Hayashi, a former public-interest attorney, her Assembly website said.
Please read complete article at link below:
http://www.sacbee.com/2011/10/29/4015232/california-assemblywoman-mary.html
October 30, 2011 10:31 AM
Brown estate was saddled by debt
(AP) COLUMBIA, S.C. — James Brown's charitable trust had withered to just $14,000 and his estate was saddled with more than $20 million in debt before a professional money manager was able to turn it around, an attorney told The Associated Press.
Under a complex 2009 settlement, the manager took control of Brown's assets from the estate's trustees. That manager wiped out the crushing debt and paved the way for thousands of needy students to receive full college scholarships by next year from the charity by cutting deals that put the Godfather of Soul's music on national and international commercials for Chanel perfume and Gatorade.
The full details of that settlement and the dire condition of Brown's estate had previously been a mystery and were provided to the AP by David Black, an attorney for the money manager.
And now that deal — which gave about half of Brown's assets to the trust, a quarter to Brown's widow and young son, and the rest to his adult children — could be in jeopardy because the ousted trustees claim the deal should never have been approved and should be thrown out.
The deal brokered by then-South Carolina Attorney General Henry McMaster and approved by Circuit Judge Jack Early ended years of fighting among Brown's heirs, who came to realize no one would gain without an agreement. The disputes had started almost immediately after Brown died of heart failure on Christmas Day 2006.
But the trustees who'd been removed, Adele Pope and Robert Buchanan, argue in briefs filed to the South Carolina Supreme Court that the attorney general didn't have the authority to push through the settlement and want the whole thing thrown out. The court will hear arguments on the matter Tuesday.
The trustees argue they were not party to the negotiations that led up to the settlement, had opposed it, and were removed because of their opposition. The trustees' attorneys declined to comment beyond the court documents.
In their brief, lawyers for the attorney general's office argue the trustees hadn't conducted an appraisal of Brown's estate, had paid themselves hundreds of thousands of dollars from the sale of Brown's household and personal effects and claimed "$5 million in fees and want to scuttle a settlement so that the litigation will continue." Furthermore, McMaster was justified in getting involved because under state law he must look after those who might benefit from a charitable trust.
At the time of the settlement, the exact value of Brown's assets was not made public and attorneys said his accounts had little money in them. In the summer of 2008, some of his possessions were auctioned off for $850,000, in part to pay for the debt. All agreed at the time that future income from music and movie royalties and the use of Brown's likeness was what remained at stake.
"Placing Pope and Buchanan back into power would be similar to throwing a grenade into the James Brown music empire," said David Black, an attorney for Russell Bauknight, the court-appointed special administrator and trustee for Brown's estate and the charitable trust. Bauknight has not commented on the status of the case since he was named in 2009, nor has he been paid for his work up to this point, Black said.
"We'd have to start from scratch."
Brown's death touched off years of bizarre headlines, beginning with his widow Tomi Rae Hynie being locked out of his 60-acre estate and photographers capturing her sobbing and shaking its iron gates, begging to be let in.
Arguments over his where the soul singer was going to be laid to rest resulted in his body being held in storage in its sealed gold casket inside his home for more than two months. He was eventually buried at one of his daughter's homes. Family members at the time said they wanted to build a shrine to Brown around his grave mimicking Elvis Presley's final resting place at Graceland in Tennessee.
The settlement appears to have smoothed over the rifts among family members. None has sued to overturn the agreement.
Black said Bauknight hired a professional music manager and has poured all proceeds from Brown's music to pay off the estate's major debt, a $26 million loan taken out by Brown that was supposed to be used to pay for a European tour. The final payment will be made seven years ahead of time by the end of 2011, Black said.
As yet, no payments have been made to any family members, Black said. Students in South Carolina and Georgia could start receiving scholarships by next year, Black said.
He said the family members favored the settlement because they found it to be fair, and because it is expected to generate even more revenue in the long term for the charitable trust.
"They believe the settlement provides a result that James Brown would have been proud of and they believe that the global settlement ending years of litigation, and preserving the charitable trust for needy school children, assures Mr. Brown's legacy," Black said
Please read complete article at link below:
http://www.cbsnews.com/8301-501368_162-20127593/ap-enterprise-brown-estate-was-saddled-by-debt/
Brown estate was saddled by debt
(AP) COLUMBIA, S.C. — James Brown's charitable trust had withered to just $14,000 and his estate was saddled with more than $20 million in debt before a professional money manager was able to turn it around, an attorney told The Associated Press.
Under a complex 2009 settlement, the manager took control of Brown's assets from the estate's trustees. That manager wiped out the crushing debt and paved the way for thousands of needy students to receive full college scholarships by next year from the charity by cutting deals that put the Godfather of Soul's music on national and international commercials for Chanel perfume and Gatorade.
The full details of that settlement and the dire condition of Brown's estate had previously been a mystery and were provided to the AP by David Black, an attorney for the money manager.
And now that deal — which gave about half of Brown's assets to the trust, a quarter to Brown's widow and young son, and the rest to his adult children — could be in jeopardy because the ousted trustees claim the deal should never have been approved and should be thrown out.
The deal brokered by then-South Carolina Attorney General Henry McMaster and approved by Circuit Judge Jack Early ended years of fighting among Brown's heirs, who came to realize no one would gain without an agreement. The disputes had started almost immediately after Brown died of heart failure on Christmas Day 2006.
But the trustees who'd been removed, Adele Pope and Robert Buchanan, argue in briefs filed to the South Carolina Supreme Court that the attorney general didn't have the authority to push through the settlement and want the whole thing thrown out. The court will hear arguments on the matter Tuesday.
The trustees argue they were not party to the negotiations that led up to the settlement, had opposed it, and were removed because of their opposition. The trustees' attorneys declined to comment beyond the court documents.
In their brief, lawyers for the attorney general's office argue the trustees hadn't conducted an appraisal of Brown's estate, had paid themselves hundreds of thousands of dollars from the sale of Brown's household and personal effects and claimed "$5 million in fees and want to scuttle a settlement so that the litigation will continue." Furthermore, McMaster was justified in getting involved because under state law he must look after those who might benefit from a charitable trust.
At the time of the settlement, the exact value of Brown's assets was not made public and attorneys said his accounts had little money in them. In the summer of 2008, some of his possessions were auctioned off for $850,000, in part to pay for the debt. All agreed at the time that future income from music and movie royalties and the use of Brown's likeness was what remained at stake.
"Placing Pope and Buchanan back into power would be similar to throwing a grenade into the James Brown music empire," said David Black, an attorney for Russell Bauknight, the court-appointed special administrator and trustee for Brown's estate and the charitable trust. Bauknight has not commented on the status of the case since he was named in 2009, nor has he been paid for his work up to this point, Black said.
"We'd have to start from scratch."
Brown's death touched off years of bizarre headlines, beginning with his widow Tomi Rae Hynie being locked out of his 60-acre estate and photographers capturing her sobbing and shaking its iron gates, begging to be let in.
Arguments over his where the soul singer was going to be laid to rest resulted in his body being held in storage in its sealed gold casket inside his home for more than two months. He was eventually buried at one of his daughter's homes. Family members at the time said they wanted to build a shrine to Brown around his grave mimicking Elvis Presley's final resting place at Graceland in Tennessee.
The settlement appears to have smoothed over the rifts among family members. None has sued to overturn the agreement.
Black said Bauknight hired a professional music manager and has poured all proceeds from Brown's music to pay off the estate's major debt, a $26 million loan taken out by Brown that was supposed to be used to pay for a European tour. The final payment will be made seven years ahead of time by the end of 2011, Black said.
As yet, no payments have been made to any family members, Black said. Students in South Carolina and Georgia could start receiving scholarships by next year, Black said.
He said the family members favored the settlement because they found it to be fair, and because it is expected to generate even more revenue in the long term for the charitable trust.
"They believe the settlement provides a result that James Brown would have been proud of and they believe that the global settlement ending years of litigation, and preserving the charitable trust for needy school children, assures Mr. Brown's legacy," Black said
Please read complete article at link below:
http://www.cbsnews.com/8301-501368_162-20127593/ap-enterprise-brown-estate-was-saddled-by-debt/
ADA as a vehicle to address the miscriminatory and miscreant actions affecting the elderly
Tim's idea that ADA might apply and using ADA as a vehicle to address the miscriminatory and miscreant actions affecting the elderly by certain guardians (including GALs) is not only interesting but viable. The Courts are a public facility and when we have GALs such as appear in the Sykes case who do not report the plenary guardian's admissions of neglect and who have acted as is reported - they are clearly preventing Mary Sykes because of her disablility (old age) from enjoying the statutory and constitutional benefit to which she is entitled. (The allegedly neglectful plenary guardian is also culpable). The Court in ignoring the disabled persons petition for a protective order against the person who later was wrongfully appointed as plenary guardian also shares some guilt.
Tim is really sharp! I would have wandered around in the dark for a century before I recognized the viability of ADA. It took quite a bit of though on my part to get a glimmer of the applicability. Tim's out of the box thinking appears to open up an entirely new avenue to attack the 'clout' polluted system that has allowed court appointed individuals to prey on the most helpless amongst us. Mr. Stern's constant fight to keep Mary Sykes from having an attorney is quite similar to preventing access to a restaurant, a bathroom, etc. Without an attorney Mary is effective barred from obtaining equal protection of the law in the Courthouse, and without an attorney Mary has no remedy when Mr. Shmiedel informs the Court that Mary by being segregrated and isolated from any stimulation and all the activites that made her life is "making wonderful progress!' Indeed, the isolation was reasonably calculated to destroy Mary Sykes' 'will to live' so that almost a million dollars in uninventoried assets could disappear in the pockets of the plenary guardian.
Following the ADA mandate - Mary should have an attorney, and this denial is an ADA violation s it denies her access to the Courts
Ken Ditkowsky
www.ditkowskylawoffice.com
Tim is really sharp! I would have wandered around in the dark for a century before I recognized the viability of ADA. It took quite a bit of though on my part to get a glimmer of the applicability. Tim's out of the box thinking appears to open up an entirely new avenue to attack the 'clout' polluted system that has allowed court appointed individuals to prey on the most helpless amongst us. Mr. Stern's constant fight to keep Mary Sykes from having an attorney is quite similar to preventing access to a restaurant, a bathroom, etc. Without an attorney Mary is effective barred from obtaining equal protection of the law in the Courthouse, and without an attorney Mary has no remedy when Mr. Shmiedel informs the Court that Mary by being segregrated and isolated from any stimulation and all the activites that made her life is "making wonderful progress!' Indeed, the isolation was reasonably calculated to destroy Mary Sykes' 'will to live' so that almost a million dollars in uninventoried assets could disappear in the pockets of the plenary guardian.
Following the ADA mandate - Mary should have an attorney, and this denial is an ADA violation s it denies her access to the Courts
Ken Ditkowsky
www.ditkowskylawoffice.com
Sunday, October 30, 2011
Bubbles from the Shark Tank...Rumor has it... State Sen. Suzi Schmidt, Republican canditate 51st Illinois District is contemplating withdrawing from the 2012 Illinois Senate Race.
New post on Impeachrandykennedy's Blog
Will Governor Bredesen’s Legacy be Defined by Judge Randy Kennedy?
by Danny Tate
(five spontaneous minutes with the former Governor of Tennessee)
I had one of those fortuitous moments last week, which my life seems to be filled with as of late (actually, my entire life has been like Forrest Gump, a simpleton who stumbled upon history). I ran into former Tennessee Governor Phil Bredesen (D) in a parking garage and garnered five minutes of his uninterrupted time, one on one.
Understand, I'm neither Democrat or Republican, though I have swung both ways in my lifetime. Today, I consider myself just a voice of "we, the people", as should every American, especially politicians, but that voice is not represented.
Growing up a tender-hearted son of a minister, I just naturally swung left, especially considering I "came of age" during the Vietnam War era and have always, and still, considered war the greatest ignorance of man, though I do believe war is mandated when an individual's liberties (the spine of Democracy), and that of his loved ones, are tread upon by tyranny. Our founding fathers understood this, but our unfolding step-fathers, ie. politicians, have long forgotten.
"Don't tread on me", and for those that know me, know better.
Then, while living on the West Coast, a "day-spa" for leftist ignorance, I had to question my previous stand. Politically mentored by a man right of Rush Limbaugh, I swung in that direction, minus the hate, but embraced the reasonable aspects therein. Returning to Nashville, a meth-lab of right-wing ignorance, I have adjusted my course down the middle, which today is a chasm as wide as from New York to Los Angeles, where the majority languishes and longs to be heard, but there is no voice for that majority. I digress.
I always had a certain liking for Bredesen because, whether I agreed with his politics, he walked as a "man of the people", for I often observed him walking alone through a mall, into a coffee shop and, on this particular day, a parking garage. I'm a loner just like that, and don't always carry my circle of security with me (I do have one, but they are my secret weapon with marching orders in the event of my demise).
But former Gov. Phil's "man of the people" persona does not excuse his record. Though popular during his term and seemingly popular when he left office, there were certain issues, such as the appointment of Randy Kennedy to the bench, that I needed to point out to him directly, especially considering this serendipitous moment.
"Governor", I boomed twenty-five feet away, which echoed and bounced around throughout the concrete garage and, if you know of my legendary volume and how my voice carries, you can imagine how it made him jump just a little. Then, calculate in my stature, and the fact I stood between him and the exit he approached, well, let's give it to our former Governor for "staying his course". After a moment of pause, he continued walking towards me.
Now, I'm not the dangerous man my adversaries have represented (Paul Housch, Fifth Third Bank, Kennedy, any attorney in the probate court). In fact, those that know me will tell you I'm about the nicest guy on earth, unless you… hmm, how shall I say this without speaking French… hurt me, or more potently, tread on someone I care for, or someone who has no voice. If that's the case, then my adversaries would be correct in their assessment and even they will tell you, "god have mercy on your soul."
Though having a politician's smile, I must give kudos to our former for at least having a more "natural" smile, though in the next few moments I would discover it can be challenged and morphed.
We came face to face, or more accurately, face to chest, for I am a tall person, which is not always an advantage, especially when flying coach, and I try not to use my stature to intimidate, though I will based on scenarios represented previously. In this providential encounter, I tried to "small myself down" for the former governor's sake and, without begging the point, stoop to his level.
Governor Bredesen was gracious and took time to hear my few words, though I do wonder if he left regretting the moment. The exchange went something like this:
"Governor, my name is Danny Tate. You left office a popular figure and, for the most part, a good record, but there's a couple of things I need to point out that trouble me and maybe you can clarify."
As a crafty politician, he immediately went into divert and distract by answering a question with a question, though I hadn't asked the question.
"What do you do?" the former governor asked, observing a nice looking guy dressed in a tailored suit, though that suit is twenty years old and bought before Judge Kennedy adjudicated me a "pauper".
"I'm a musician, composer, like many here in Nashville. But to the point, governor. While in office, you appointed Randy Kennedy to the bench of the 7th Circuit Court, sir, and Kennedy, well, how can I say this nicely, with all due respect, he's a crook."
"Oh, yes, but he ran for re-elections and won," the former quickly responded.
"Well, Governor, that was an uncontested election and, besides, no one even knows it takes place, sort of like retention referendum, so you can't really call that an election, and considering all his campaign contributors, to an uncontested campaign, are probate attorneys, it brings the entire matter into an even more grey area. But, my point is, Randy Kennedy is doing some "willy-nilly" things in that court and I would hate to see that stain your legacy,"
Campaign Contributors to Judge Randy Kennedy's Uncontested Election
The "natural" smile began to turn unnatural and the former governor began to calculate his route around my presence. "Well, thank you for pointing that out." He began to walk around me.
"Governor," I said with a tone that made him halt, "one more thing. Did you know that Tennessee was ranked #1 Most Corrupt State in 2010, the last year you were in office."
http://www.thedailybeast.com/galleries/2010/05/09/the-most-corrupt-states.html
The remnants of his smile were fading fast, but he acknowledged my statement and continued to make his way around me.
"Governor, you were a popular man. I believe Judge Randy Kennedy represents why Tennessee achieved that notorious ranking of corruption. Don't let Judge Kennedy define your legacy."
After a brief halt, Governor Bredesen thanked me with a grunt, or some kind of sound, then continued on his, what was a few minutes prior, merry way.
Again, I always liked Governor Phil and his mixing with the people, but I hope he's not another recipient of the Involuntary Redistribution of Assets (Estate of Denial) that occurs systematically in Judge Randy Kennedy's probate court. What other reasonable conclusion can an informed observer reach?
http://www.estateofdenial.com/involuntary-redistribution-of-assets-ira/
Kennedy is not a scholar. In twenty seconds on television, Channel 4, Nashville, Nancy Amons, when questioned about the Ginger Franklin case, he misquoted the law twice. He's the Dan Quail of Davidson County jurisprudence. Informants have said he graduated in the lower half of his class from Nashville School of Law, which is like the mentally challenged school for wannabe attorneys. Legal informants will opine that it takes most NSL grads 4-5 attempts to pass the bar, and Kennedy is teaching school there. God, help us all. And, if my facts are straight, you cannot obtain a license outside the state of Tennessee with a diploma from this YMCA of lower education. Yet, an inordinate amount of NSL graduates populate the bench in Davidson and surrounding counties. All I can say is, "What the hell???" (Excuse my "french", but history will prove my language accurate)
http://www.wsmv.com/story/14812144/woman-fights-for-control-of-her-life-11-17-2010
Governor Bredesen's step was a little lighter and quicker as he escaped my capture by command of fact. Was this rude of me, to confront the former with a hard-hitting rankings and substantiated allegations?
I hope Governor Bredesen will take the time to clean up the mess he left behind and Judge Randy Kennedy is nothing but a big elephant turd smack dab in the middle of his path to a clean, if not forgotten, legacy.
Governor Bredesen, if word of this blog gets around to you, I truly want to have a fond memory of you. But #1 Most Corrupt State and Judge Randy Kennedy are two black eyes that the world has yet to be made aware of and it could be soon. You cannot dodge them, for they happened during your term and, in Kennedy's case, you appointed this buffoon, this maniac, this criminal, this Hitler of a probate death camp dictator.
It's time to make it right and the only acceptable solution is this, Governor Bredesen:
You must use any remaining influence to have Kennedy impeached and imprisoned. For his atrocities and crimes against humanity, though carried out in secret, are about to come to light and they will fall at your feet. [I have information from an inside anonymous informant of atrocities that will shock, scare and demoralize the citizenry. I know where the bodies are buried, figuratively and literally]
Or maybe we should have you conserved, Mr. Bredesen?
With all due respect….?
Danny Tate
October 31, 2011 at 3:21 am
Tags: Christina Norris, COJ, Conservatorship, Danny Tate, David E. Tate/Signet Pen and T-Shirts, Dr. Peter Martin, Fifth Third Bank Probate Co-Conspirators, Governor Phil Bredesen, Guardian Abuse, Guardians, Jeannan Stuart, Judge Randy Kennedy, Michael Castellarin, Probate Court, Senator Mae Beavers, Tennessee Attorney General, Tennessee Supreme Court of the Judiciary, The Nashville Bar, The Na shville Scene, Tim Discenza, Vanderbilt Psychiatric Hospital, WSMV/Channel 4/Nashville
URL: http://wp.me/p14NJl-bu
New post on Impeachrandykennedy's Blog
Will Governor Bredesen’s Legacy be Defined by Judge Randy Kennedy?
by Danny Tate
(five spontaneous minutes with the former Governor of Tennessee)
I had one of those fortuitous moments last week, which my life seems to be filled with as of late (actually, my entire life has been like Forrest Gump, a simpleton who stumbled upon history). I ran into former Tennessee Governor Phil Bredesen (D) in a parking garage and garnered five minutes of his uninterrupted time, one on one.
Understand, I'm neither Democrat or Republican, though I have swung both ways in my lifetime. Today, I consider myself just a voice of "we, the people", as should every American, especially politicians, but that voice is not represented.
Growing up a tender-hearted son of a minister, I just naturally swung left, especially considering I "came of age" during the Vietnam War era and have always, and still, considered war the greatest ignorance of man, though I do believe war is mandated when an individual's liberties (the spine of Democracy), and that of his loved ones, are tread upon by tyranny. Our founding fathers understood this, but our unfolding step-fathers, ie. politicians, have long forgotten.
"Don't tread on me", and for those that know me, know better.
Then, while living on the West Coast, a "day-spa" for leftist ignorance, I had to question my previous stand. Politically mentored by a man right of Rush Limbaugh, I swung in that direction, minus the hate, but embraced the reasonable aspects therein. Returning to Nashville, a meth-lab of right-wing ignorance, I have adjusted my course down the middle, which today is a chasm as wide as from New York to Los Angeles, where the majority languishes and longs to be heard, but there is no voice for that majority. I digress.
I always had a certain liking for Bredesen because, whether I agreed with his politics, he walked as a "man of the people", for I often observed him walking alone through a mall, into a coffee shop and, on this particular day, a parking garage. I'm a loner just like that, and don't always carry my circle of security with me (I do have one, but they are my secret weapon with marching orders in the event of my demise).
But former Gov. Phil's "man of the people" persona does not excuse his record. Though popular during his term and seemingly popular when he left office, there were certain issues, such as the appointment of Randy Kennedy to the bench, that I needed to point out to him directly, especially considering this serendipitous moment.
"Governor", I boomed twenty-five feet away, which echoed and bounced around throughout the concrete garage and, if you know of my legendary volume and how my voice carries, you can imagine how it made him jump just a little. Then, calculate in my stature, and the fact I stood between him and the exit he approached, well, let's give it to our former Governor for "staying his course". After a moment of pause, he continued walking towards me.
Now, I'm not the dangerous man my adversaries have represented (Paul Housch, Fifth Third Bank, Kennedy, any attorney in the probate court). In fact, those that know me will tell you I'm about the nicest guy on earth, unless you… hmm, how shall I say this without speaking French… hurt me, or more potently, tread on someone I care for, or someone who has no voice. If that's the case, then my adversaries would be correct in their assessment and even they will tell you, "god have mercy on your soul."
Though having a politician's smile, I must give kudos to our former for at least having a more "natural" smile, though in the next few moments I would discover it can be challenged and morphed.
We came face to face, or more accurately, face to chest, for I am a tall person, which is not always an advantage, especially when flying coach, and I try not to use my stature to intimidate, though I will based on scenarios represented previously. In this providential encounter, I tried to "small myself down" for the former governor's sake and, without begging the point, stoop to his level.
Governor Bredesen was gracious and took time to hear my few words, though I do wonder if he left regretting the moment. The exchange went something like this:
"Governor, my name is Danny Tate. You left office a popular figure and, for the most part, a good record, but there's a couple of things I need to point out that trouble me and maybe you can clarify."
As a crafty politician, he immediately went into divert and distract by answering a question with a question, though I hadn't asked the question.
"What do you do?" the former governor asked, observing a nice looking guy dressed in a tailored suit, though that suit is twenty years old and bought before Judge Kennedy adjudicated me a "pauper".
"I'm a musician, composer, like many here in Nashville. But to the point, governor. While in office, you appointed Randy Kennedy to the bench of the 7th Circuit Court, sir, and Kennedy, well, how can I say this nicely, with all due respect, he's a crook."
"Oh, yes, but he ran for re-elections and won," the former quickly responded.
"Well, Governor, that was an uncontested election and, besides, no one even knows it takes place, sort of like retention referendum, so you can't really call that an election, and considering all his campaign contributors, to an uncontested campaign, are probate attorneys, it brings the entire matter into an even more grey area. But, my point is, Randy Kennedy is doing some "willy-nilly" things in that court and I would hate to see that stain your legacy,"
Campaign Contributors to Judge Randy Kennedy's Uncontested Election
The "natural" smile began to turn unnatural and the former governor began to calculate his route around my presence. "Well, thank you for pointing that out." He began to walk around me.
"Governor," I said with a tone that made him halt, "one more thing. Did you know that Tennessee was ranked #1 Most Corrupt State in 2010, the last year you were in office."
http://www.thedailybeast.com/galleries/2010/05/09/the-most-corrupt-states.html
The remnants of his smile were fading fast, but he acknowledged my statement and continued to make his way around me.
"Governor, you were a popular man. I believe Judge Randy Kennedy represents why Tennessee achieved that notorious ranking of corruption. Don't let Judge Kennedy define your legacy."
After a brief halt, Governor Bredesen thanked me with a grunt, or some kind of sound, then continued on his, what was a few minutes prior, merry way.
Again, I always liked Governor Phil and his mixing with the people, but I hope he's not another recipient of the Involuntary Redistribution of Assets (Estate of Denial) that occurs systematically in Judge Randy Kennedy's probate court. What other reasonable conclusion can an informed observer reach?
http://www.estateofdenial.com/involuntary-redistribution-of-assets-ira/
Kennedy is not a scholar. In twenty seconds on television, Channel 4, Nashville, Nancy Amons, when questioned about the Ginger Franklin case, he misquoted the law twice. He's the Dan Quail of Davidson County jurisprudence. Informants have said he graduated in the lower half of his class from Nashville School of Law, which is like the mentally challenged school for wannabe attorneys. Legal informants will opine that it takes most NSL grads 4-5 attempts to pass the bar, and Kennedy is teaching school there. God, help us all. And, if my facts are straight, you cannot obtain a license outside the state of Tennessee with a diploma from this YMCA of lower education. Yet, an inordinate amount of NSL graduates populate the bench in Davidson and surrounding counties. All I can say is, "What the hell???" (Excuse my "french", but history will prove my language accurate)
http://www.wsmv.com/story/14812144/woman-fights-for-control-of-her-life-11-17-2010
Governor Bredesen's step was a little lighter and quicker as he escaped my capture by command of fact. Was this rude of me, to confront the former with a hard-hitting rankings and substantiated allegations?
I hope Governor Bredesen will take the time to clean up the mess he left behind and Judge Randy Kennedy is nothing but a big elephant turd smack dab in the middle of his path to a clean, if not forgotten, legacy.
Governor Bredesen, if word of this blog gets around to you, I truly want to have a fond memory of you. But #1 Most Corrupt State and Judge Randy Kennedy are two black eyes that the world has yet to be made aware of and it could be soon. You cannot dodge them, for they happened during your term and, in Kennedy's case, you appointed this buffoon, this maniac, this criminal, this Hitler of a probate death camp dictator.
It's time to make it right and the only acceptable solution is this, Governor Bredesen:
You must use any remaining influence to have Kennedy impeached and imprisoned. For his atrocities and crimes against humanity, though carried out in secret, are about to come to light and they will fall at your feet. [I have information from an inside anonymous informant of atrocities that will shock, scare and demoralize the citizenry. I know where the bodies are buried, figuratively and literally]
Or maybe we should have you conserved, Mr. Bredesen?
With all due respect….?
Danny Tate
October 31, 2011 at 3:21 am
Tags: Christina Norris, COJ, Conservatorship, Danny Tate, David E. Tate/Signet Pen and T-Shirts, Dr. Peter Martin, Fifth Third Bank Probate Co-Conspirators, Governor Phil Bredesen, Guardian Abuse, Guardians, Jeannan Stuart, Judge Randy Kennedy, Michael Castellarin, Probate Court, Senator Mae Beavers, Tennessee Attorney General, Tennessee Supreme Court of the Judiciary, The Nashville Bar, The Na shville Scene, Tim Discenza, Vanderbilt Psychiatric Hospital, WSMV/Channel 4/Nashville
URL: http://wp.me/p14NJl-bu
Now who’s crying over spilled milk?
Coming attractions: Corruption in Lake County IL - Election Iregularities in the Republican Party
Now who’s crying over spilled milk?
Published 10/27/2011 - 4:30 p.m. PST
Orange County Superior Court Approves RICO Complaint against Law Firm Involved in 25 million dollar fraud on the founders and heirs of Alta Dena Dairy.
TheOrange County Superior Court has ruled that the Alta Dena heirs are entitled to proceed against the law firms Buchalter Nemer on claims of Racketeering and against Berger Kahn for negligent hiring having alleged that they were swindled by the firms’ specialist in estate planning and wealth preservation, Wayne J. Allen, out of their $25 million dollar estate.
Irvine, CA October 26, 2011
On a ruling released Tuesday, October 25, 2011, Judge Nancy Wieben Stock of the Orange County Superior Court – Civil Complex Division – overruled procedural attacks on their lawsuit allowing the Stueve family, who are founders and heirs to the Alta Dena Dairy, to proceed against their former lawyers, Raymond Novell, Jennifer Novell Miller, Wayne J. Allen and the law firm Buchalter Nemer on claims that they were Racketeers or as aiders and abettors in racketeering activities against their interests. (Stueve v. Novell, O.C. Case No. 30 2010 00411651). The court further allowed negligent hiring claims to proceed against Berger Kahn, Allen’s former firm.
The Honorable Nancy Wieben Stock, who made the ruling, was appointed by Governor George Deukmejian on January 23, 1990 and has served as Presiding Judge, Assistant Presiding Judge, Supervising Judge of the Family Panel and Presiding Judge of the Appellate Division. Judge Stock is a highly respected member of the Orange County bench and bar. She has dedicated countless hours to many organizations that offer access to justice for all and is currently seated in the Civil Complex department of the Orange County Superior Court.
The counsel for the Stueves, James Daily ofDaily Law Group in Irvine, California, said, “This is an important step towards reversing the mistreatment of these hardworking elderly Americans who were violated by those they most trusted.”
Daily Law Group is a boutique litigation firm, focused on protecting the rights of individuals and business owners, maintaining their client’s wealth and corporate position, assuring the protection of sometimes exotic assets, and creating opportunity for their clients. The firm operates a family practice for wealthy clients in all their dealings while maintaining a strong outreach to protect those who lack access to the legal system.
James Daily noted, that this type of scheme “is a nationwide trend, as Warren Buffet has stated ‘when the economy falters it’s like a tide goes out and those swimming naked are exposed.’ You find out that your team of wealth advisors actually has treated your money, as if it were their own. In the Stueve’s case, the attorneys operated Christian sounding companies out of their law firms. These Christian sounding foundations were just a means of transferring the Stueve’s wealth into the hands of the lawyers or entities controlled by them.”
In one transaction detailed in the lawsuit attorney Raymond Novell sends one million dollars from the Stueve’s account to a company that Allen set up called GSF Acquisitions Inc. GSF is wholly owned by the Good Stewardship Foundation that Allen also had set up. The million dollars was wired from the Stueve’s to GSF-A’s bank account and then Novell, who opened the same accounts, wired a million dollars to his attorney client trust account where he then kept a few hundred thousand and sent the money to another management company that he owned. According to the motions filed in the case, the law firms gave Allen and Novell safe haven to work and operate these Christian sounding foundations all to the detriment of the Stueves. Neither Berger Kahn nor Buchalter had warned or advised the Stueves of these actions or the prior lawsuits against Allen, including a judgment against Allen from Lloyds of London for misrepresentation.
Daily stated that “the dealings between a lawyer and his client frame a fiduciary relationship – uberrima fides, meaning of utmost faithfulness. The duty of a fiduciary embraces the obligation to render a full and fair disclosure to the beneficiary of all facts which materially affect his rights and interests. Where there is a duty to disclose, the disclosure must be full and complete, and any material concealment or misrepresentation will amount to fraud.”
The State of California passed legislation in 1990 making it unlawful for the drafter of a will or trust to make donative transfers to himself or family members and invalidated such provisions. The purpose of such legislation was to directly address a case where a family lawyer with offices outside of Laguna Woods in Orange County – Leisure World – obtained millions of dollars in inheritance money from his clients by making himself and his daughter beneficiaries. This case, according to Daily is “version 2.0 in that the attorneys use sham corporations and foundations to place control of their clients assets directly into their hands while trying to avoid the forfeiture provisions of 21350 and 21351 of the California Probate code. The defendants here formed 17 trusts, they took over the management of the clients business and then booked the money as loans – using the Stueve’s as if they were their own ATM. Credit cards, luxury automobiles, boats, homes, huge expense accounts and cases of Opus One, along with rare coins and gold were the day to day comforts to the lawyers while those who had earned the money were on a monthly allowance ranging from $2,000 to some at $7,000 a month. The Stueves were farmers raised in the depression. They did not live in a house of privilege but worked on their dairy farm. There was not a single beach front property among them – while the attorneys lived on the golden shores of the pacific, the Stueves lived their lives as the middle class – very understated.”
RICO (Racketeering Influenced Corrupt Organizations Act) is a Federal claim based on 18 U.S.C. § 1962(c), which provides:
It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprise’s affairs through a pattern of racketeering activity or collection of unlawful debt.
18 U.S.C. § 1962(d) states that “it shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.” “Any person injured in his business or property by reason of a violation of section 1962” may bring a RICO action and recover treble damages and the court costs including a reasonable attorney’s fee. 18 U.S.C. § 1964(c).
Daily said, “because of the almost inevitable stigmatizing effect on those named as defendants and the severe mandatory penalties the RICO statute imposes, courts strive to flush out frivolous RICO allegations at an early stage of the litigation. Accordingly, the fact the case has been established evidences the overwhelming facts plead in the 331 page complaint. Make no mistake, this ruling was hard fought but worth it, both for the Stueve’s and for the public at large who will benefit by the awareness and frankly what I hope will result in a change to the probate code to eliminate the use of charities designed to hide a person’s identity merely to rip off their clients.”
Please read complete article at link below:
http://www.centurycitynews.com/article/BUSINESS/Law/Now_whos_crying_over_spilled_milk/360423
Editor's note: This could happen in Illinois...but don't hold your breath. Lucius Verenus, Schoolmaster, ProbateSharks.com
Morning Docket: 10.27.11
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
27 Oct 2011 at 9:08 AMPosted in:
Airplanes / Aviation, Attorney Misconduct, Bankruptcy, Bernie Madoff, Howrey LLP, Law Schools, Legal Ethics, Morning Docket, Rod Blagojevich, Suicide
Morning Docket: 10.27.11
By Staci Zaretsky
inShare..* Like many of the victims of Bernie Madoff’s Ponzi scheme, he and his wife contemplated suicide, too. But come on, why bother? Was career suicide just not good enough? [New York Times]
* For Sale: One Illinois law license at discount price! Hasn’t been used in 15 years — almost like new. Slightly tarnished. If interested, please contact Rod Blagojevich ASAP. [Chicago Sun-Times]
* Howrey gonna get paid? With a $3M bill and a new Chapter 11 bankruptcy trustee in place, that’s what all of these professional service firms are wondering. [Am Law Daily]
* 1Ls may be dumber this year, but prospective law students have gotten 13% smarter. That isn’t saying much, though, because 68% of them still want to go to law school. [National Law Journal]
* The TSA agent who advised this lawyer to “get her freak on” after spying a sexy personal item in her luggage has been professionally spanked. [New York Post]
Please read complete article at link below:
http://abovethelaw.com/2011/10/morning-docket-10-27-11/
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
27 Oct 2011 at 9:08 AMPosted in:
Airplanes / Aviation, Attorney Misconduct, Bankruptcy, Bernie Madoff, Howrey LLP, Law Schools, Legal Ethics, Morning Docket, Rod Blagojevich, Suicide
Morning Docket: 10.27.11
By Staci Zaretsky
inShare..* Like many of the victims of Bernie Madoff’s Ponzi scheme, he and his wife contemplated suicide, too. But come on, why bother? Was career suicide just not good enough? [New York Times]
* For Sale: One Illinois law license at discount price! Hasn’t been used in 15 years — almost like new. Slightly tarnished. If interested, please contact Rod Blagojevich ASAP. [Chicago Sun-Times]
* Howrey gonna get paid? With a $3M bill and a new Chapter 11 bankruptcy trustee in place, that’s what all of these professional service firms are wondering. [Am Law Daily]
* 1Ls may be dumber this year, but prospective law students have gotten 13% smarter. That isn’t saying much, though, because 68% of them still want to go to law school. [National Law Journal]
* The TSA agent who advised this lawyer to “get her freak on” after spying a sexy personal item in her luggage has been professionally spanked. [New York Post]
Please read complete article at link below:
http://abovethelaw.com/2011/10/morning-docket-10-27-11/
A 'perfect storm' of pressure for philanthropic community
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
chicagotribune.com
A 'perfect storm' of pressure for philanthropic community
Regardless, Joyce Foundation president excited about generational shift
October 30, 2011
The Joyce Foundation pours about $40 million each year into some of the Great Lakes region's most pressing issues: destructive Asian carp, adult workers displaced by the recession and improving the quality of teachers in grades kindergarten through 12.
The foundation, which holds more than $800 million in assets, is among the local hosts of the Independent Sector Annual Conference, an annual gathering of more than 1,000 nonprofits and grant-makers. The Tribune asked the foundation's president, Ellen Alberding, about some of the trends and challenges foundations are facing.
Pressures on the philanthropic community: We have a perfect storm for a lot of people in our business. You have increased demand for the services that the nonprofit community provides to the public; at the same time, you have reduced resources from government, individuals as well as foundations. The government provides the most funds, the individuals next and the foundations provide a smaller slice of the pie. When you combine the increased need and the reduced resources it makes it tough for everyone.
How the Joyce Foundation deals with grant-making in a tough economy: We do what any good business person would do when faced with reduced resources. We have become very focused on first maintaining support of our core grantees. Foundations are required to spend a minimum amount — 5 percent of our assets. On occasion, we will overspend that in order to keep our grantees whole. We've tried to cushion the blow for our grantees.
A new generation and philanthropy: There's an interesting generational shift that is important to understand and address. As younger people are emerging as leaders in their own right, there's a different view of institutions and how individuals interact with institutions. That's really exciting. Younger people are bold, and they are innovators. They work on their own and are not afraid to start something up. People aren't necessarily following the traditional paths as they come out of college, sometimes out of necessity. There's an attitudinal shift.
The political climate challenges grant-makers: Extreme political partisanship, at the federal level in particular, could lead to gridlock on solving important problems. I think that's a really bad environment for all of us to work in. For example, we spent a lot of time trying to affect climate-change issues; we have invested in carbon-trading schemes in the Midwest. None of that matters if there's no federal climate legislation. It goes to naught if you can't get a climate bill through Congress.
President Barack Obama's proposal to cap the charitable tax deduction: It's the position of the Independent Sector that a cap will reduce charitable contributions across the board and diminish support for nonprofit organizations. I believe it's the administration's view that the 28 percent cap might have some impact, but it wouldn't have a dire impact. (But) I think we have to listen to the organizations themselves, who feel otherwise. It is important to remember that individual donors are the single largest source of donations in the country, and that's not commonly understood. Anything that would have an impact on that should be watched carefully.
— Corilyn Shropshire
Please read complete article at link below:
http://www.chicagotribune.com/business/ct-biz-1030-bf-philanthropy-outlook-grant-maker-20111030,0,3527334.story
Editor's note: I wonder how the Joyce Foundation feels about the crooked Probate Court of Cook County "Pre-treating and siphoning off" the assets of its prospective donors' estates. These contributions reductions along with Obama's 28% cap mandate a reduction in voluntary contributions to Joyce Foundation. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
chicagotribune.com
A 'perfect storm' of pressure for philanthropic community
Regardless, Joyce Foundation president excited about generational shift
October 30, 2011
The Joyce Foundation pours about $40 million each year into some of the Great Lakes region's most pressing issues: destructive Asian carp, adult workers displaced by the recession and improving the quality of teachers in grades kindergarten through 12.
The foundation, which holds more than $800 million in assets, is among the local hosts of the Independent Sector Annual Conference, an annual gathering of more than 1,000 nonprofits and grant-makers. The Tribune asked the foundation's president, Ellen Alberding, about some of the trends and challenges foundations are facing.
Pressures on the philanthropic community: We have a perfect storm for a lot of people in our business. You have increased demand for the services that the nonprofit community provides to the public; at the same time, you have reduced resources from government, individuals as well as foundations. The government provides the most funds, the individuals next and the foundations provide a smaller slice of the pie. When you combine the increased need and the reduced resources it makes it tough for everyone.
How the Joyce Foundation deals with grant-making in a tough economy: We do what any good business person would do when faced with reduced resources. We have become very focused on first maintaining support of our core grantees. Foundations are required to spend a minimum amount — 5 percent of our assets. On occasion, we will overspend that in order to keep our grantees whole. We've tried to cushion the blow for our grantees.
A new generation and philanthropy: There's an interesting generational shift that is important to understand and address. As younger people are emerging as leaders in their own right, there's a different view of institutions and how individuals interact with institutions. That's really exciting. Younger people are bold, and they are innovators. They work on their own and are not afraid to start something up. People aren't necessarily following the traditional paths as they come out of college, sometimes out of necessity. There's an attitudinal shift.
The political climate challenges grant-makers: Extreme political partisanship, at the federal level in particular, could lead to gridlock on solving important problems. I think that's a really bad environment for all of us to work in. For example, we spent a lot of time trying to affect climate-change issues; we have invested in carbon-trading schemes in the Midwest. None of that matters if there's no federal climate legislation. It goes to naught if you can't get a climate bill through Congress.
President Barack Obama's proposal to cap the charitable tax deduction: It's the position of the Independent Sector that a cap will reduce charitable contributions across the board and diminish support for nonprofit organizations. I believe it's the administration's view that the 28 percent cap might have some impact, but it wouldn't have a dire impact. (But) I think we have to listen to the organizations themselves, who feel otherwise. It is important to remember that individual donors are the single largest source of donations in the country, and that's not commonly understood. Anything that would have an impact on that should be watched carefully.
— Corilyn Shropshire
Please read complete article at link below:
http://www.chicagotribune.com/business/ct-biz-1030-bf-philanthropy-outlook-grant-maker-20111030,0,3527334.story
Editor's note: I wonder how the Joyce Foundation feels about the crooked Probate Court of Cook County "Pre-treating and siphoning off" the assets of its prospective donors' estates. These contributions reductions along with Obama's 28% cap mandate a reduction in voluntary contributions to Joyce Foundation. Lucius Verenus, Schoolmaster, ProbateSharks.com
Saturday, October 29, 2011
Audits show conservator mismanaged wards' cases
Coming attractions: "KawamotoDragon.com" a study in education of the word Kawamoto including the City of Kawamoto, Japan pop. 4500; Kawamoto Orchids; Kawamoto Machinery Company; Toma Kawamoto, Samurai; Kawamoto Stores, Hilo; Baron Kawamoto; the ledgendary Kawamoto Dragon; and many other Kawamoto subjects. This will be the only website on the internet dedicated to history of the word "Kawamoto".
Audits show conservator mismanaged wards' cases
Former Tuscaloosa County conservator Zondra Hutto was responsible for managing the finances of elderly wards who couldn’t do it themselves.
By Stephanie Taylor
Staff Writer
Published: Sunday, October 23, 2011 at 3:30 a.m.
Last Modified: Sunday, October 23, 2011 at 12:00 a.m.
TUSCALOOSA
A former Tuscaloosa County conservator has been ordered to reimburse more than $100,000 of unwarranted and undocumented expenditures she made from the accounts of 17 people.
As the county's conservator, Zondra Hutto was responsible for the finances of elderly people who were unable to manage their affairs. Hutto resigned from her position after she pleaded guilty to a federal charge of not reporting the crimes of an employee.
Hutto's law clerk, Brian Lunceford, has been accused of using credit cards belonging to one of Hutto's wards to buy clothing, a designer purse, gas and a trip to Mexico. Hutto pleaded guilty to misprision of a felony because she knew about the charges Lunceford allegedly racked up. She is scheduled to begin a three-month federal prison sentence in January.
Since Hutto resigned as conservator for about 30 people in Tuscaloosa County Circuit Court, the wards' newly- appointed guardians have scrutinized the final accounting she submitted in the cases. They have found that Hutto overcharged their accounts and kept sloppy records.
Hutto has moved to St. Petersburg, Fla., and could not be reached last week. A cellphone number listed in court documents for her is no longer working.
Circuit Judge Brad Almond has presided over court hearings in many of the cases and has ordered Hutto to reimburse $110,008 of unwarranted and undocumented expenditures to 17 wards. She will likely owe more once the remaining cases go before Almond in November.
Please read complete article at link below:
http://www.tuscaloosanews.com/article/20111023/NEWS/111029896/1291/news01?Title=Audits-show-conservator-mismanaged-wards-cases&tc=ar
Editor's note: The difference between what occurred in Alabama and what is presently happening in the Probate Court of Cook County...is the Probate Court of Cook County allows and encourages this criminality. Feds in Chicago, get on your stick and indict these crooks. Lucius Verenus, Schoolmaster, ProbateSharks.com
New York Nursing Home Lawyer from The Perecman Firm Comments on the Unconscionable Abuse of Adult Home Residents in Brooklyn
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
New York Nursing Home Lawyer from The Perecman Firm Comments on the Unconscionable Abuse of Adult Home Residents in Brooklyn
October 16, 2011
New York Nursing Home Lawyer from The Perecman Firm comments on allegations of adult home abuse in Brooklyn. Residents charge that they were abused mentally, emotionally, and financially by adult home administrators.
NEW YORK, NY, October 16, 2011 /24-7PressRelease/ -- Residents at the Garden of Eden Home in Brooklyn charge that they were abused mentally, emotionally, and financially by adult home administrators responsible for taking care of them.
In response to the allegations of the adult home abuse, legal action was filed against the New York State Department of Health (DOH), charging that the state Health Department failed to enforce the laws and regulations protecting adult homes residents from psychological abuse and financial exploitation.
"Thousands of individuals are abused each year in adult homes, nursing homes and other facilities responsible for their care," said New York nursing home abuse lawyer David Perecman. "This is a tragedy that needs to be stopped and, in a number of cases, legal action appears to be the most effective way to send the message."
According to Garden of Eden residents, head administrator Martin Amsel repeatedly bullied them into attending optional treatment meetings and would threaten them with eviction or unnecessary hospital visits if they didn't do as he dictated. They said they were also bullied for complaining about conditions and requesting help with medical problems, reported by the New York Daily News.
Adult abuse and nursing home abuse lawyers in New York understand unsanitary living conditions at the facility were significant issues for complaint.
As reported by the Daily News, the DOH noted that residents at the Garden of Eden Home complained they were served stale and moldy food.
Financial abuse was another major issue of complaint.
One resident complained she was forced into a $1,000 contract for the use of air conditioning in her room.
In another incident, the home illegally deducted money from a resident's monthly personal needs allowance, which residents receive to cover all expenses beyond room and board. These deductions are prohibited by law.
Incidents of adult home abuse and nursing home abuse often go unreported. Residents may be reluctant to complain for fear of retaliation or embarrassment, caretakers may cover up abuses, and family and friends of the abuse victim may be unaware of the warning signs of abuse, explained Perecman, a New York nursing home abuse lawyer with over 30 years of experience helping adult home abuse and nursing home neglect victims.
Apparently, the Garden of Eden Home has faced multiple lawsuits stemming from complaints of mistreatment from residents. The New York Health Department cited the facility for a number of violations earlier this year, said the Daily News.
A Health Department spokesman told the Daily News that most of the violations the home was cited for related to verbal abuse and retribution.
Several residents were quoted as feeling threatened and abused in the New York Daily News article.
According a National Center on Elder Abuse (NCEA) fact sheet, over 2 million Americans have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.
Nursing home abuse lawyers at New York's The Perecman Firm represent victims of adult home abuse, nursing home abuse, disabled adult abuse, and elder neglect in New York. If family or friends suspect that nursing home abuse is happening to someone close, there are things they can do to end it. One of the most important things is to talk with a nursing home abuse lawyer in New York who has experience with nursing home abuse cases.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York nursing home abuse lawyers at The Perecman Firm, PLLC have handled all types of abuse cases including adult home abuse, nursing home abuse, disabled adult abuse, and elder neglect in New York. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.
Please read complete article at link below:
http://www.einnews.com/247pr/241153
Editor's note: Alice Gore, a resident in a Chicago nursing home was fed a pudding that was several years old. When photos of the container and its dates were presented to the court, the judge just sluffed it off. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
New York Nursing Home Lawyer from The Perecman Firm Comments on the Unconscionable Abuse of Adult Home Residents in Brooklyn
October 16, 2011
New York Nursing Home Lawyer from The Perecman Firm comments on allegations of adult home abuse in Brooklyn. Residents charge that they were abused mentally, emotionally, and financially by adult home administrators.
NEW YORK, NY, October 16, 2011 /24-7PressRelease/ -- Residents at the Garden of Eden Home in Brooklyn charge that they were abused mentally, emotionally, and financially by adult home administrators responsible for taking care of them.
In response to the allegations of the adult home abuse, legal action was filed against the New York State Department of Health (DOH), charging that the state Health Department failed to enforce the laws and regulations protecting adult homes residents from psychological abuse and financial exploitation.
"Thousands of individuals are abused each year in adult homes, nursing homes and other facilities responsible for their care," said New York nursing home abuse lawyer David Perecman. "This is a tragedy that needs to be stopped and, in a number of cases, legal action appears to be the most effective way to send the message."
According to Garden of Eden residents, head administrator Martin Amsel repeatedly bullied them into attending optional treatment meetings and would threaten them with eviction or unnecessary hospital visits if they didn't do as he dictated. They said they were also bullied for complaining about conditions and requesting help with medical problems, reported by the New York Daily News.
Adult abuse and nursing home abuse lawyers in New York understand unsanitary living conditions at the facility were significant issues for complaint.
As reported by the Daily News, the DOH noted that residents at the Garden of Eden Home complained they were served stale and moldy food.
Financial abuse was another major issue of complaint.
One resident complained she was forced into a $1,000 contract for the use of air conditioning in her room.
In another incident, the home illegally deducted money from a resident's monthly personal needs allowance, which residents receive to cover all expenses beyond room and board. These deductions are prohibited by law.
Incidents of adult home abuse and nursing home abuse often go unreported. Residents may be reluctant to complain for fear of retaliation or embarrassment, caretakers may cover up abuses, and family and friends of the abuse victim may be unaware of the warning signs of abuse, explained Perecman, a New York nursing home abuse lawyer with over 30 years of experience helping adult home abuse and nursing home neglect victims.
Apparently, the Garden of Eden Home has faced multiple lawsuits stemming from complaints of mistreatment from residents. The New York Health Department cited the facility for a number of violations earlier this year, said the Daily News.
A Health Department spokesman told the Daily News that most of the violations the home was cited for related to verbal abuse and retribution.
Several residents were quoted as feeling threatened and abused in the New York Daily News article.
According a National Center on Elder Abuse (NCEA) fact sheet, over 2 million Americans have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.
Nursing home abuse lawyers at New York's The Perecman Firm represent victims of adult home abuse, nursing home abuse, disabled adult abuse, and elder neglect in New York. If family or friends suspect that nursing home abuse is happening to someone close, there are things they can do to end it. One of the most important things is to talk with a nursing home abuse lawyer in New York who has experience with nursing home abuse cases.
About David Perecman and The Perecman Firm, PLLC:
For the past 30 years, the New York nursing home abuse lawyers at The Perecman Firm, PLLC have handled all types of abuse cases including adult home abuse, nursing home abuse, disabled adult abuse, and elder neglect in New York. David Perecman, founder of the Firm, is a Board Director and the past Secretary and Treasurer of the New York State Trial Lawyers Association (NYSTLA) and a chair of its Labor Law Committee. Mr. Perecman's achievements have brought him recognition as an Honoree in the National Law Journal's Hall of Fame, in New York Magazine's "The Best Lawyers in America" and The New York Times Magazine "New York Super Lawyers, Metro Edition" for the years 2007-2010.
Please read complete article at link below:
http://www.einnews.com/247pr/241153
Editor's note: Alice Gore, a resident in a Chicago nursing home was fed a pudding that was several years old. When photos of the container and its dates were presented to the court, the judge just sluffed it off. Lucius Verenus, Schoolmaster, ProbateSharks.com
Friday, October 28, 2011
Two abortion clinic employees plead guilty to murder
View Latest Cook County Probate Court
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Two abortion clinic employees plead guilty to murder
Thu Oct 27, 2011 5:57pm EDT
Story contains graphic descriptions in paragraphs five through eight.
By Dave Warner
PHILADELPHIA (Reuters) - Two employees of a Philadelphia abortion clinic where live, viable babies were allegedly killed and a patient died after being given on overdose of painkillers pleaded guilty on Thursday to murder.
Guilty pleas to third-degree murder were entered by Adrienne Moton, 34, and Sherry West, 52, who both worked for Dr. Kermit Gosnell at what prosecutors have described as a decrepit and unsanitary clinic known as Women's Medical Society in West Philadelphia.
Due to a court-issued gag order, attorneys declined to comment on reports that no plea agreement was reached in the case.
Sentencing was set for December 2 by Common Pleas Judge Benjamin Lerner. The maximum penalty for third-degree murder is 40 years in prison.
Please read complete article at link below:
http://www.reuters.com/article/2011/10/27/us-crime-abortion-pennsylvania-idUSTRE79Q7GK20111027
Editor's note: Do not click on complete article unless you have a strong stomach. Lucius Verenus, Schoolmaster, ProbateSharks.com
Corruption and Fraud Videos at this blog site:
http://northshorelive.blogspot.com/
Two abortion clinic employees plead guilty to murder
Thu Oct 27, 2011 5:57pm EDT
Story contains graphic descriptions in paragraphs five through eight.
By Dave Warner
PHILADELPHIA (Reuters) - Two employees of a Philadelphia abortion clinic where live, viable babies were allegedly killed and a patient died after being given on overdose of painkillers pleaded guilty on Thursday to murder.
Guilty pleas to third-degree murder were entered by Adrienne Moton, 34, and Sherry West, 52, who both worked for Dr. Kermit Gosnell at what prosecutors have described as a decrepit and unsanitary clinic known as Women's Medical Society in West Philadelphia.
Due to a court-issued gag order, attorneys declined to comment on reports that no plea agreement was reached in the case.
Sentencing was set for December 2 by Common Pleas Judge Benjamin Lerner. The maximum penalty for third-degree murder is 40 years in prison.
Please read complete article at link below:
http://www.reuters.com/article/2011/10/27/us-crime-abortion-pennsylvania-idUSTRE79Q7GK20111027
Editor's note: Do not click on complete article unless you have a strong stomach. Lucius Verenus, Schoolmaster, ProbateSharks.com
Wednesday, October 26, 2011
New York Nursing Home Lawyer from The Perecman Firm Comments on the Unconscionable Abuse of Adult Home Residents in Brooklyn
Hitler's Parents Claim Judge Found No Abuse of Little Adolf, Aryan Nation
Parents of "Adolf Hitler" and "Aryan Nation" claim a judge found no evidence of abuse, but the state still hasn't given their kids backBy Teresa Masterson
Wednesday, Oct 26, 2011
Updated 9:15 AM EDTView Comments (78)
Email
Print NBCPhiladelphia.com - Doug Shimell
Heath and Deborah Campbell are in a custody battle against to get their children Adolf Hitler and Joycelynn Aryan Nation back from foster care. They claim the judge said there was no evidence of abuse and say the children were taken because of their names.
Hitler's Parents Claim Children Were Taken...
Heath and Deborah Campbell, who named two of their children Adolf Hitler and JoyceLynn Aryan Nation, are claiming that a court vindicated them of all abuse allegations last month. But after 33 months in foster care, the children are still not home.
New Jersey Family Court officials had no comment Tuesday.
“Actually, the judge and DYFS told us that there was no evidence of abuse and that it was the names! They were taken over the children's names,” Heath Campbell told NBC 10 Tuesday.
Court records last year stated that the children were not removed from the home because of their names, but because of tangible evidence of abuse or neglect.
Protesting the fact that they still don't have their kids, the Campbells picketed with three other people outside of child services offices in Flemington, N.J. Tuesday. The couple spoke exclusively to NBC 10, saying that the state has no right to keep their children away from them now that the court allegedly ruled that the kids were taken away without cause.
Hitler Campbell's Aunt... More Multimedia “I don’t sleep, I don’t eat much. I miss my kids. Miss their pitter patters on the floor,” Heath Campbell told NBC 10’s Doug Shimell. “It’s hard. I fall asleep with their pictures.”
The Campbell’s three small children were removed from their Holland Township home by the state in January 2009 after they asked a grocery store in Greenwich, N.J., to write “Adolf Hitler” on their son’s birthday cake.
Though a local Wal-Mart honored the birthday cake request, Adolf Hitler Campbell and siblings JoyceLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell were put into foster care.
“They beg to come home all of the time,” Deborah told NBC 10 Tuesday. “They beg to see their dad, they want to see their dad all the time.”
While the Campbells maintained from the beginning that the only reason their children were taken away is because of their given names, New Jersey court documents stated last year that there was alleged abuse and parental incompetence.
A New Jersey appeals court ruled in August 2010 that there was sufficient evidence of abuse or neglect because of domestic violence in the home, and though there was a gag order for both parties in the case (which the Campbells have broken multiple times to deny the allegations), authorities have stated in the past that putting the children into the foster system had nothing to do with their names.
Court records stated last year that both parents were victims of childhood abuse and both were unemployed and suffering from unspecified physical and psychological disabilities.
The Campbells say that a judge will decide by early December if the kids will come home.
"Can't wait for the decision," Heath Campbell said Tuesday. "Can't wait for them to come home."
Please read complete article at link below:
http://www.nbcphiladelphia.com/news/weird/Hitler-Parents-Claim-Judge-Found-No-Abuse-of-Adolf-Aryan-Nation.html
Editor's note: As my readers will testify, ProbateShark is broad minded...Yes, naming your kids after Nazis is not in good taste and yes, it casts doubt on the sanity of the parents. But is being weird a crime? We have seen numerous incursions by the Probate Court of Cook County into family life for far lesser infractions. To take your children away for being different? That is wrong! Soon Amish, Orthodox Jews and Muslims should start worrying...just for being out of the mainstream of American life. Lucius Verenus, Schoolmaster, ProbateSharks.com
Parents of "Adolf Hitler" and "Aryan Nation" claim a judge found no evidence of abuse, but the state still hasn't given their kids backBy Teresa Masterson
Wednesday, Oct 26, 2011
Updated 9:15 AM EDTView Comments (78)
Print NBCPhiladelphia.com - Doug Shimell
Heath and Deborah Campbell are in a custody battle against to get their children Adolf Hitler and Joycelynn Aryan Nation back from foster care. They claim the judge said there was no evidence of abuse and say the children were taken because of their names.
Hitler's Parents Claim Children Were Taken...
Heath and Deborah Campbell, who named two of their children Adolf Hitler and JoyceLynn Aryan Nation, are claiming that a court vindicated them of all abuse allegations last month. But after 33 months in foster care, the children are still not home.
New Jersey Family Court officials had no comment Tuesday.
“Actually, the judge and DYFS told us that there was no evidence of abuse and that it was the names! They were taken over the children's names,” Heath Campbell told NBC 10 Tuesday.
Court records last year stated that the children were not removed from the home because of their names, but because of tangible evidence of abuse or neglect.
Protesting the fact that they still don't have their kids, the Campbells picketed with three other people outside of child services offices in Flemington, N.J. Tuesday. The couple spoke exclusively to NBC 10, saying that the state has no right to keep their children away from them now that the court allegedly ruled that the kids were taken away without cause.
Hitler Campbell's Aunt... More Multimedia “I don’t sleep, I don’t eat much. I miss my kids. Miss their pitter patters on the floor,” Heath Campbell told NBC 10’s Doug Shimell. “It’s hard. I fall asleep with their pictures.”
The Campbell’s three small children were removed from their Holland Township home by the state in January 2009 after they asked a grocery store in Greenwich, N.J., to write “Adolf Hitler” on their son’s birthday cake.
Though a local Wal-Mart honored the birthday cake request, Adolf Hitler Campbell and siblings JoyceLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell were put into foster care.
“They beg to come home all of the time,” Deborah told NBC 10 Tuesday. “They beg to see their dad, they want to see their dad all the time.”
While the Campbells maintained from the beginning that the only reason their children were taken away is because of their given names, New Jersey court documents stated last year that there was alleged abuse and parental incompetence.
A New Jersey appeals court ruled in August 2010 that there was sufficient evidence of abuse or neglect because of domestic violence in the home, and though there was a gag order for both parties in the case (which the Campbells have broken multiple times to deny the allegations), authorities have stated in the past that putting the children into the foster system had nothing to do with their names.
Court records stated last year that both parents were victims of childhood abuse and both were unemployed and suffering from unspecified physical and psychological disabilities.
The Campbells say that a judge will decide by early December if the kids will come home.
"Can't wait for the decision," Heath Campbell said Tuesday. "Can't wait for them to come home."
Please read complete article at link below:
http://www.nbcphiladelphia.com/news/weird/Hitler-Parents-Claim-Judge-Found-No-Abuse-of-Adolf-Aryan-Nation.html
Editor's note: As my readers will testify, ProbateShark is broad minded...Yes, naming your kids after Nazis is not in good taste and yes, it casts doubt on the sanity of the parents. But is being weird a crime? We have seen numerous incursions by the Probate Court of Cook County into family life for far lesser infractions. To take your children away for being different? That is wrong! Soon Amish, Orthodox Jews and Muslims should start worrying...just for being out of the mainstream of American life. Lucius Verenus, Schoolmaster, ProbateSharks.com
Website revolutionizes wheelchair accessibility
Website revolutionizes wheelchair accessibility
Published: 24 Oct 11 14:56 CET
Online: http://www.thelocal.de/sci-tech/20111024-38407.html
Just over a year after its launch, a revolutionary German website is reshaping the lives of wheelchair users with online information about the accessibility of thousands of locations worldwide.
Wheelmap.org is an interactive map allowing users to rate places such as cafes, bars and libraries according to their accessibility. Run by Berlin-based charity Sozialhelden, the site is brainchild of the foundation’s co-founder, Raul Krauthausen.
And since a campaign by US web giant Google was launched this September, the site has seen their usual 10,000 hits a month rocket to 100,000. They are also celebrating their 150,000th ranked location.
Like many of the best ideas, Wheelmap came to Krauthausen almost by accident. In a Berlin café with a friend, he had a revelation; they hadn’t chosen the spot because of its outstanding coffee, but because he knew in advance that it had wheelchair access.
Krauthausen, who is affected by the bone condition Lobstein syndrome, is just one of the 1.6 million people in Germany who use a wheelchair. And he, like countless others, was fed-up of the lack of choice he faced day in, day out - despite the German constitution stating that “no person is to be discriminated or disadvantaged on grounds of disability.”
He also realised that for many people who rely on a wheelchair, going somewhere new can suddenly become more stressful than exciting if, upon arrival, there turns out to little to no wheelchair access, or that there are no accessible toilets.
“Almost every establishment has a website with the opening times, prices and services on it. What is lacking, however, is information about how accessible it is.” Krauthausen explained in an interview on the website.
“It was yet another example of how physical barriers can shrink a person’s world. It was at this point I realised that a map with wheelchair-friendly places marked on it would be really useful.”
And so the wheels were put in motion, and the website went live last year under the direction of Sozialhelden, a foundation which campaigns for social inclusion.
Currently, Wheelmap boasts its own free App for Smartphones in an impressive 12 languages, including English, Turkish, French, and Japanese. The majority of ranked locations are still in Germany, but an increasing number are popping up overseas and plans are in the pipeline to develop locations across Britain in time for the 2012 Paralympics.
The site’s recent boom in success is partially thanks to a recent Google ad for its Chrome web browser. So far, the advert has accumulated over one million hits on YouTube and is being aired on TV across Germany.
“The Wheelmap project is a prime example of the fact that the internet enables people to do things that wouldn’t have even been thought possible several years ago.
"These kinds of developments are the very reason we founded Chrome,” Google spokesman Stefan Keuchel said in a statement on the site.
“Raul embodies our ethos that the internet is what you make of it.”
It is not, however, only wheelchair users who can benefit from the site - it is also relevant for the 8.5 million people in Germany who use some sort of mobility aid with wheels - whether parents with a pram, or an elderly person with a walker.
Krauthausen hopes that as the site gains publicity, increasing numbers of people can benefit from the chance to “discover new places with ease, and meet new people, disabled or not."
"That is what Wheelmap is all about; inclusion and contributing towards a barrier-free society,” he said.
The Local/jcw
Please read complete article at link below:
http://www.thelocal.de/sci-tech/20111024-38407.html
Tuesday, October 25, 2011
Man, 87, Arrested in Michigan with 104 Bricks of Cocaine in Vehicle
Man, 87, Arrested in Michigan with 104 Bricks of Cocaine in Vehicle
Police find $2.9M worth of coke in Leo Sharp's car
Updated: Tuesday, 25 Oct 2011, 7:42 AM EDT
Published : Tuesday, 25 Oct 2011, 7:29 AM EDT
By myFOXDetroit.com Staff
(WJBK) - An 87-year-old veteran was arrested last week for trafficking more 228 pounds of cocaine.
Leo Sharp was pulled over on I-94 near Chelsea on Friday for improper lane use. According to records, a state trooper asked Sharp for permission to search his car, but Sharp refused. A drug sniffing dog was called to the scene and found 104 brick-sized block of cocaine worth nearly $3 million.
In U.S. District Court Monday, Sharp said he was forced at gunpoint to haul the drugs. Attorney Ray Richards claims his client was confused by the questioning since it was his first time n in the federal court system.
"It's not what it seems," said Richard. "There's a lot more to this story to be played out later."
FOX 2's Simon Shaykhet reports Sharp is married with children and works full time growing legitimate, exotic plants for a horticulture company in Indiana.
Sharp faces life in prison. A judge released him Monday on $10,000 bond. He is due to return for hearing on Nov. 10.
Please read complete article at link below:
http://www.myfoxdetroit.com/dpp/news/local/man%2C-87%2C-arrested-in-michigan-with-104-bricks-of-cocaine-in-vehicle-20111025-mr
Editor's note: This may be an act of elder abuse. Lucius Verenus, Schoolmaster, ProbateSharks.com
Police find $2.9M worth of coke in Leo Sharp's car
Updated: Tuesday, 25 Oct 2011, 7:42 AM EDT
Published : Tuesday, 25 Oct 2011, 7:29 AM EDT
By myFOXDetroit.com Staff
(WJBK) - An 87-year-old veteran was arrested last week for trafficking more 228 pounds of cocaine.
Leo Sharp was pulled over on I-94 near Chelsea on Friday for improper lane use. According to records, a state trooper asked Sharp for permission to search his car, but Sharp refused. A drug sniffing dog was called to the scene and found 104 brick-sized block of cocaine worth nearly $3 million.
In U.S. District Court Monday, Sharp said he was forced at gunpoint to haul the drugs. Attorney Ray Richards claims his client was confused by the questioning since it was his first time n in the federal court system.
"It's not what it seems," said Richard. "There's a lot more to this story to be played out later."
FOX 2's Simon Shaykhet reports Sharp is married with children and works full time growing legitimate, exotic plants for a horticulture company in Indiana.
Sharp faces life in prison. A judge released him Monday on $10,000 bond. He is due to return for hearing on Nov. 10.
Please read complete article at link below:
http://www.myfoxdetroit.com/dpp/news/local/man%2C-87%2C-arrested-in-michigan-with-104-bricks-of-cocaine-in-vehicle-20111025-mr
Editor's note: This may be an act of elder abuse. Lucius Verenus, Schoolmaster, ProbateSharks.com
Monday, October 24, 2011
Making a Judgment on Love
October 20, 2011
Making a Judgment on Love
By LLOYD ZIMMERMAN
THE call came around 3:30 p.m. on a sultry Minnesota day. The hospice social worker, Cheryl, explained the situation in a rush. She had tried 15 judges, and all were either in court or otherwise unavailable. By chance, she had reached me directly.
I had just finished a tough trial and was in my chambers surrounded by judicial detritus: legal briefs, scores of exhibits. This was the sanctuary where I went to nurse my wounds after a day of inhaling other people’s problems: name-calling; failed relationships; poor judgments made by people sometimes young, sometimes old, usually emotional. To be honest, I almost didn’t answer the phone.
The protracted and petty legal combat I had just suffered through was a case that should have been settled but for bad blood in a family relationship. I’d survived, presiding over a trial that was neither great nor good. It was done, but it was not my proudest moment as a judge. My day of emergencies had followed weeks of emergencies that had not been broken up by a vacation. I felt like putting one of those bumper stickers on my door that read: “Your poor planning is not my emergency.”
All I wanted was a drink.
That, however, would be considered poor decorum for a judge, and judges lose their jobs over poor decorum. I have a wife and two children. So I tried to shake off my grumpiness and be civil to Cheryl. I asked in my calmest, most Oliver Wendell Holmes voice what I could do for her.
She said she needed a judge to perform an emergency wedding.
Believe it or not, this was not my first such request of the week. In fact, I often receive these requests, usually involving the need to get a waiver to avoid the required five-day waiting period. Sometimes I am sympathetic, as when the request is spurred by a sudden deployment to Iraq or Afghanistan.
But generally I don’t like to reward those who leave matters like the arrangement of a wedding until the day they want it to happen. My son, Cole, proposed on Valentine’s Day this year for a wedding 18 months later, in August 2012. I was tired of the seemingly endless series of calls from people with ridiculous, impulsive requests.
I leaned back in my desk chair and, as I do when I’m tired, pulled on my right earlobe and scratched my head, the right forefront where my hairline is beginning to retreat. I half-listened as I wondered what to do about the post-trial motions for the case I’d just heard, and the detective waiting outside my chambers for me to sign a search warrant, and the sheaf of emergency orders on my desk in unrelated cases that typically accumulate during a lengthy trial.
But Cheryl begged; she practically yanked my bleeding heart right out of my chest. She explained that she was a hospice social worker for Thomas, 77, who had recently been discharged from the medical center hospice unit so he could die at home. He was conscious and lucid but likely to die at any moment. He could no longer talk and communicated entirely though hand squeezes.
His dying wish was to marry Donna, his life partner of 38 years. She was 57. They had talked about marriage over the years but had never gotten around to a wedding. They had even gone so far as to fill out the application from the downtown wedding license center.
Was this yet another case of people irresponsibly leaving things until the last minute? Probably. But I realized in the moment it didn’t matter. People do stupid, human things. I could make this one right.
By law, the couple was required to attest in person, under oath, in front of the wedding license official, that all of the statements on the application were true: that they wanted to marry each other, and that as required by Minnesota law, “we are no nearer of kin than the first cousins once removed; that ... there is no legal impediment to this marriage, that neither of us has a spouse living, and that one of the applicants is a man and the other is a woman.”
The wedding license bureau had told Cheryl that no one there had the power to issue an emergency license by phone, but maybe she could try to reach a judge. There were formalities: the five-day waiting period and an appearance in person at the wedding license bureau. There was no official procedure for an emergency deathbed-wedding license.
When someone goes to the trouble of trying to contact 16 judges, there’s usually an important issue at stake. But I was a sorry excuse for a judge that day, and I was in no shape to do anyone a good deed.
Even if I could figure out a way to do something that no one else wanted to do, something that violated every established process and had to represent some kind of poor planning by the couple, the reward (I thought in the back of my mind) was that I would be sued by some disgruntled heir who had been disinherited by the unorthodox wedding, or criticized by the license bureau for not doing it exactly as specified, or publicly flogged by the court of appeals if my actions turned out to be illegal.
Also, my courthouse in downtown Minneapolis was at least 20 miles from their home, a trip that takes 30 minutes under the best circumstances, and in this case, the evening rush was already under way. Thomas was near death. The only option seemed to be a telephone wedding, yet that would violate the rule requiring the wedding to occur in the presence of the judge.
My brain said no. No! My court clerk stood outside my door at the head of a growing line that included the detective with the search warrant and lawyers from the last case, still unwilling to go home. My clerk, whose job it is to protect me from others and myself, mouthed, “Go home.”
But as if by rote I said: “Yes. Yes, we’ll see if we can make it work.”
You see, my father had died of liver cancer a few years earlier. I’d visited him in Chicago while he was sick, putting a mat under his hospice bed and sleeping next to him, holding his hand so I could be there in his dying moments. Everyone thought he had hours to live.
Then he rebounded, and I flew home to Minneapolis and returned to work. To my eternal regret, I was not there a week later when he died. It was because of my poor planning that he died alone.
Thinking of my father, I made a few legal inquiries, verifying that Thomas and Donna had completed a wedding license certificate, that the family supported the wedding and it was not a ruse to divert an inheritance, and that the humanitarian nature of the wedding was real and true.
It would all have to be done by phone, and it would have to be fast.
The moment that Donna heard the news, Cheryl later told me, she rushed to put on a wedding dress that she had been saving for years.
Witnessed on their end by a hospice chaplain and the bride and the bridegroom’s family, who encircled Thomas’s bed, the couple were placed under oath. Acting in the place of the wedding license registrar, I swore them to the truth of all of the statements on their license application. Donna swore to the truth and signed the application. Thomas swore to the truth by squeezing the hospice worker’s finger “yes” and signed an “X.”
I PERFORMED this ceremony holding the phone, sitting at my mess of a desk, as the detective waited impatiently for his search warrant just outside my door.
“Do you, Thomas, take Donna to be your lawful wedded wife?”
The chaplain said, “He squeezed her finger ‘yes.’ ”
“Do you, Donna, take Thomas to be your lawful wedded husband?”
“Yes.”
“Do you promise to love and care for each other, in good times and bad, in sickness and health, for better or worse, for as long as you both shall live?”
“Yes.”
With their families looking on, I pronounced Thomas and Donna husband and wife. Invoking the power vested in me by the laws of Minnesota, I told them that after 38 years together they could now kiss each other, for the first time, as a married couple.
I was told they did.
And later that evening, Thomas died.
Shortly thereafter, I issued my court order, complete with procedural history and legal analysis, directing the licensing bureau to accept and file the wedding license and issue a certificate of marriage.
I have written thousands of orders in my many years as a judge. This was my best.
Lloyd Zimmerman is a state court judge in Minneapolis
Please read complete article at link below:
http://www.nytimes.com/2011/10/23/fashion/making-a-judgment-on-love-modern-love.html?_r=3&pagewanted=1&hpw
Editor's note: Your ProbateShark and his parents had the honor of celebrating New Year's Eve with Lloyd and his parents in 1959. I was impressed with Lloyd's compassion and love for his parents and could easily understand how he could provide this "humanitarian good deed" for this loving couple.
However, had this act of kindness been accomplished in Chicago, the parasitic predators within the Probate Court of Cook County would be sharpening their claws in order to tear apart Thomas's estate. Lucius Verenus, Schoolmaster, ProbateSharks.com
Sunday, October 23, 2011
Woman charged with beating her 79-year-old mother
chicagotribune.com
Woman charged with beating her 79-year-old mother
By Steve Schmadeke
Tribune reporter
4:25 PM CDT, October 23, 2011
A Chicago woman appeared in court today on charges she brutally beat her 79-year-old mother, leaving the elderly woman comatose, immediately after the two were in a traffic accident last month.
The two women were driving in the 8200 block of South Stony Island Avenue on Sept. 17 when their vehicle was involved in a crash about 7:22 p.m., according to Chicago police. No other official information was available Sunday on the crash, including which woman was driving.
Immediately after the accident, witnesses saw Eunice Bailey, 48, throwing what appeared to be punches at her mother, though they could not see if the blows connected, Asst. State's Atty. Sheri Bennet said.
Witnesses later saw Bailey straddling her elderly mother outside their vehicle, slamming her head into the pavement, according to a police report. Bennet said Bailey's mother suffered "severe head trauma."
Observers in the courtroom gasped – causing a sheriff's deputy to call for quiet – after Bennet told a judge that Bailey's mother was now in a "persistent vegetative state."
The elderly woman was taken to Advocate Christ Medical Center in critical condition immediately after the alleged beating, police said. She is now being treated at a Chicago-area rehabilitative hospital.
Bailey was arrested on Friday, charged with aggravated battery causing great bodily harm of a person over 60 years old. She appeared in court wearing an orange sweater, slowly shuffling away as Judge Adam D. Bourgeois, Jr. set her bail at $500,000.
sschmadeke@tribune.com
Please read complete article at link below:
http://www.chicagotribune.com/news/local/breaking/chi-woman-charged-with-beating-her-79yearold-mother-20111023,0,3963580.story
Woman charged with beating her 79-year-old mother
By Steve Schmadeke
Tribune reporter
4:25 PM CDT, October 23, 2011
A Chicago woman appeared in court today on charges she brutally beat her 79-year-old mother, leaving the elderly woman comatose, immediately after the two were in a traffic accident last month.
The two women were driving in the 8200 block of South Stony Island Avenue on Sept. 17 when their vehicle was involved in a crash about 7:22 p.m., according to Chicago police. No other official information was available Sunday on the crash, including which woman was driving.
Immediately after the accident, witnesses saw Eunice Bailey, 48, throwing what appeared to be punches at her mother, though they could not see if the blows connected, Asst. State's Atty. Sheri Bennet said.
Witnesses later saw Bailey straddling her elderly mother outside their vehicle, slamming her head into the pavement, according to a police report. Bennet said Bailey's mother suffered "severe head trauma."
Observers in the courtroom gasped – causing a sheriff's deputy to call for quiet – after Bennet told a judge that Bailey's mother was now in a "persistent vegetative state."
The elderly woman was taken to Advocate Christ Medical Center in critical condition immediately after the alleged beating, police said. She is now being treated at a Chicago-area rehabilitative hospital.
Bailey was arrested on Friday, charged with aggravated battery causing great bodily harm of a person over 60 years old. She appeared in court wearing an orange sweater, slowly shuffling away as Judge Adam D. Bourgeois, Jr. set her bail at $500,000.
sschmadeke@tribune.com
Please read complete article at link below:
http://www.chicagotribune.com/news/local/breaking/chi-woman-charged-with-beating-her-79yearold-mother-20111023,0,3963580.story
Friday, October 21, 2011
Parents of Seaman Found Dead at Great Lakes Naval Station Demand Answers
CORRUPTION IN LAKE COUNTY ILLINOIS
Parents of Seaman Found Dead at Great Lakes Naval Station Demand Answers
Updated: Thursday, 20 Oct 2011, 6:35 AM CDT
Published : Wednesday, 19 Oct 2011, 10:05 PM CDT
By Larry Yellen, FOX Chicago News Legal Analyst
Great Lakes Naval Station, Ill. - The parents of Kyle Antonacci, a Great Lakes Naval Station Seaman who was found dead almost two years ago, are still wondering why they can't get a straight answer from investigators.
And they're wondering if the fact he was a witness in a rape case, and then worked undercover with investigators, might have had something to do with the fact he was found dead, hanging from a belt in a closet.
The tragedy was set into motion in May 2009, a female Marine accused Kyle's friend Mike Pineda of rape. Kyle testified on the victim's behalf at the court martial. But after Pineda was sentenced to three months and dishonorably discharged, Antonacci admitted he lied on the stand -- which apparently angered friends of the alleged victim.
"They threaten Kyle, they tell him that he's going to die if he doesn't go along with the story," Pineda said.
"He told me they carved an X in his door, as if he were a marked man," said Kyle's mother, Lisa Antonacci.
Despite the threats, Antonacci helped Pineda clear his name by calling the alleged rape victim and letting the Naval Criminal Investigative Service (NCIS) record his calls. Pineda and Antonacci's parents believe the woman's friends may have learned he was working with NCIS, and followed through on their threats.
Just a few months after the trial, on Feb. 1, 2010, Kyle Antonacci was found dead in his room, hanging with his belt around his neck. Authorities still have not determined whether it was a suicide or a murder, and his parents feel like they've been misled.
"They first told me they went to his bunk and he was dead. The second one told me, it was a car accident. And it was always a misdirection from what happened," said Al Antonacci. "I think NCIS made a mistake, and it went horribly wrong -- at my son's expense,"
Kyle Antonacci had been depressed and on suicide watch, so his parents admit it's possible he committed suicide. But they also argue his role in the rape case could have gotten him murdered. That's why they had their son's body exhumed, believing the NCIS and the Lake County Coroner had botched the investigation. They hired nationally-known forensic pathologist Dr. Michael Baden to perform the second autopsy; he said he couldn't reach a conclusion on whether Kyle Antonacci committed suicide, but he blamed that in part on the failure of NCIS to share it's records with him and a key bone which was missing.
A spokesman for NCIS said the Navy won't comment as long as Antonacci's death is an open case. As for the Lake County Coroner's office, it was Coroner Richard Keller who supervised the original autopsy; the Antonaccis say they were shocked to learn 132 autopsy photos had been lost. Keller resigned in a scandal last February. His replacement, Artis Yancey, is now taking another look at the entire case.
"Our main aim is to make sure that there is closure brought to this family and that justice is served with an unbiased eye in the investigation," Yancey said
Please read complete article at links below:
http://www.myfoxchicago.com/dpp/news/investigative/kyle-antonacci-great-lakes-naval-station-chicago-rape-suicide-murder-mike-pineda-seaman-marine-20111019
http://deerfield.patch.com/articles/special-report-death-at-naval-station-great-lakes
http://maritimesecurity.asia/free-2/procurement-2/dead-seamans-parents-demand-answers/
http://www.youtube.com/watch?v=cSoBQazb6fk&noredirect=1
http://www.facebook.com/media/set/?set=a.401061669235.175149.310686519235
http://www.legacy.com/obituaries/newsday/obituary.aspx?n=kyle-chase-antonacci&pid=139591414&fhid=3923
http://www.causes.com/causes/490890-not-without-a-fight/about
Editor's note: This Shark tends to agree with Mr. & Mrs. Antonacci that their son did not commit suicide. Navy Seals are made of sterner stuff. In an age when we see the crap and indecency that goes on in our society, Kyle stood up for justice and paid for it with his life. He was indeed, "A man for all seasons". Somebody is covering up a murder! Lucius Verenus, Schoolmaster, ProbateSharks.com
Parents of Seaman Found Dead at Great Lakes Naval Station Demand Answers
Updated: Thursday, 20 Oct 2011, 6:35 AM CDT
Published : Wednesday, 19 Oct 2011, 10:05 PM CDT
By Larry Yellen, FOX Chicago News Legal Analyst
Great Lakes Naval Station, Ill. - The parents of Kyle Antonacci, a Great Lakes Naval Station Seaman who was found dead almost two years ago, are still wondering why they can't get a straight answer from investigators.
And they're wondering if the fact he was a witness in a rape case, and then worked undercover with investigators, might have had something to do with the fact he was found dead, hanging from a belt in a closet.
The tragedy was set into motion in May 2009, a female Marine accused Kyle's friend Mike Pineda of rape. Kyle testified on the victim's behalf at the court martial. But after Pineda was sentenced to three months and dishonorably discharged, Antonacci admitted he lied on the stand -- which apparently angered friends of the alleged victim.
"They threaten Kyle, they tell him that he's going to die if he doesn't go along with the story," Pineda said.
"He told me they carved an X in his door, as if he were a marked man," said Kyle's mother, Lisa Antonacci.
Despite the threats, Antonacci helped Pineda clear his name by calling the alleged rape victim and letting the Naval Criminal Investigative Service (NCIS) record his calls. Pineda and Antonacci's parents believe the woman's friends may have learned he was working with NCIS, and followed through on their threats.
Just a few months after the trial, on Feb. 1, 2010, Kyle Antonacci was found dead in his room, hanging with his belt around his neck. Authorities still have not determined whether it was a suicide or a murder, and his parents feel like they've been misled.
"They first told me they went to his bunk and he was dead. The second one told me, it was a car accident. And it was always a misdirection from what happened," said Al Antonacci. "I think NCIS made a mistake, and it went horribly wrong -- at my son's expense,"
Kyle Antonacci had been depressed and on suicide watch, so his parents admit it's possible he committed suicide. But they also argue his role in the rape case could have gotten him murdered. That's why they had their son's body exhumed, believing the NCIS and the Lake County Coroner had botched the investigation. They hired nationally-known forensic pathologist Dr. Michael Baden to perform the second autopsy; he said he couldn't reach a conclusion on whether Kyle Antonacci committed suicide, but he blamed that in part on the failure of NCIS to share it's records with him and a key bone which was missing.
A spokesman for NCIS said the Navy won't comment as long as Antonacci's death is an open case. As for the Lake County Coroner's office, it was Coroner Richard Keller who supervised the original autopsy; the Antonaccis say they were shocked to learn 132 autopsy photos had been lost. Keller resigned in a scandal last February. His replacement, Artis Yancey, is now taking another look at the entire case.
"Our main aim is to make sure that there is closure brought to this family and that justice is served with an unbiased eye in the investigation," Yancey said
Please read complete article at links below:
http://www.myfoxchicago.com/dpp/news/investigative/kyle-antonacci-great-lakes-naval-station-chicago-rape-suicide-murder-mike-pineda-seaman-marine-20111019
http://deerfield.patch.com/articles/special-report-death-at-naval-station-great-lakes
http://maritimesecurity.asia/free-2/procurement-2/dead-seamans-parents-demand-answers/
http://www.youtube.com/watch?v=cSoBQazb6fk&noredirect=1
http://www.facebook.com/media/set/?set=a.401061669235.175149.310686519235
http://www.legacy.com/obituaries/newsday/obituary.aspx?n=kyle-chase-antonacci&pid=139591414&fhid=3923
http://www.causes.com/causes/490890-not-without-a-fight/about
Editor's note: This Shark tends to agree with Mr. & Mrs. Antonacci that their son did not commit suicide. Navy Seals are made of sterner stuff. In an age when we see the crap and indecency that goes on in our society, Kyle stood up for justice and paid for it with his life. He was indeed, "A man for all seasons". Somebody is covering up a murder! Lucius Verenus, Schoolmaster, ProbateSharks.com
GE's Profit Climbs 57%
GE's Profit Climbs 57%
BY MIA LAMAR
General Electric Co.'s third-quarter earnings rose 57% as energy-infrastructure gains helped offset flat revenue at the GE Capital finance arm and the absence of media company NBC Universal.
GE reported a profit of $3.22 billion, up from $2.06 billion a year earlier. On a per-share basis, which includes eight cents a share ...
Please read complete article at link below:
http://online.wsj.com/article/SB10001424052970204618704576644674279972688.html
Editor's note: Your ProbateShark wonders how much GE's chain of nursing homes contributed to this profit? Wasn't Mrs. Cefalu in one of GE's nursing homes? Lucius Verenus, Schoolmaster, ProbateSharks.com
Thursday, October 20, 2011
'get the old geezer'
Victim: Attack was 'get the old geezer' Posted on Thu, Oct. 20, 2011
'Geezer' won't let thugs ruin his walks
BY STEPHANIE FARR
Philadelphia Daily News
farrs@phillynews.com 215-854-4225
AN 84-YEAR-OLD ex-university official savagely attacked by four young punks during a walk in Wissahickon Valley Park earlier this week theorizes that the beating he endured was a cruel game of "get the old geezer."
Jim Shea, a former vice president of university relations for Temple, from 1968 to 1983, walks up to five miles on Forbidden Drive, in Fairmount Park, three times a week, but that type of stamina wasn't enough to stave off the lowlifes who not only beat him bloody, but dealt a blow to one of the things he holds most dear - his pride.
Shea was near the Valley Green Inn, on Forbidden Drive, in the Wissahickon Valley Park, about 1:15 p.m. Monday when he was hit from behind.
"I felt a real something to the head, a real blow to the head from behind," he said. "It knocked me to the ground; that was the biggie."
Shea said the four assailants continued to beat him for minutes while he was on the ground. He said they were black, appeared to be between 16 and 20, and three of them were wearing La Salle sweatshirts.
Police and Shea said that at least one of the attackers used a rock to hit him, causing deep cuts above his eyes. They all kicked and punched him while he was on the ground, conscious the entire time.
"There was only one I really saw well because he came back to kick me," Shea said. "The others spent a great deal of the time laughing."
The real "stunner" to Shea is that they left without trying to take his wallet, keys or cellphone.
"I think it was just to get the old geezer," Shea said. "They were some bad kids with rancid souls."
He tried to walk back to the Valley Green Inn alone, dripping with blood, but a bicyclist came to his aid.
Shea spent four hours at Chestnut Hill Hospital, getting stitches in his face - from his eyelid to his cheek - and treatment for two large scrapes on his leg and elbow. Shea also said two bones in his nose were broken.
The attackers have not yet been caught, police said yesterday. Despite that, Shea said he plans to be back out walking on Forbidden Drive next week.
"I hope to make myself do it," he said. "It's been a wonderful thing for me at my age."
Please read complete article at link below:
http://www.philly.com/philly/news/20111020__Geezer__won_t_let_thugs_ruin_his_walks.html
'Geezer' won't let thugs ruin his walks
BY STEPHANIE FARR
Philadelphia Daily News
farrs@phillynews.com 215-854-4225
AN 84-YEAR-OLD ex-university official savagely attacked by four young punks during a walk in Wissahickon Valley Park earlier this week theorizes that the beating he endured was a cruel game of "get the old geezer."
Jim Shea, a former vice president of university relations for Temple, from 1968 to 1983, walks up to five miles on Forbidden Drive, in Fairmount Park, three times a week, but that type of stamina wasn't enough to stave off the lowlifes who not only beat him bloody, but dealt a blow to one of the things he holds most dear - his pride.
Shea was near the Valley Green Inn, on Forbidden Drive, in the Wissahickon Valley Park, about 1:15 p.m. Monday when he was hit from behind.
"I felt a real something to the head, a real blow to the head from behind," he said. "It knocked me to the ground; that was the biggie."
Shea said the four assailants continued to beat him for minutes while he was on the ground. He said they were black, appeared to be between 16 and 20, and three of them were wearing La Salle sweatshirts.
Police and Shea said that at least one of the attackers used a rock to hit him, causing deep cuts above his eyes. They all kicked and punched him while he was on the ground, conscious the entire time.
"There was only one I really saw well because he came back to kick me," Shea said. "The others spent a great deal of the time laughing."
The real "stunner" to Shea is that they left without trying to take his wallet, keys or cellphone.
"I think it was just to get the old geezer," Shea said. "They were some bad kids with rancid souls."
He tried to walk back to the Valley Green Inn alone, dripping with blood, but a bicyclist came to his aid.
Shea spent four hours at Chestnut Hill Hospital, getting stitches in his face - from his eyelid to his cheek - and treatment for two large scrapes on his leg and elbow. Shea also said two bones in his nose were broken.
The attackers have not yet been caught, police said yesterday. Despite that, Shea said he plans to be back out walking on Forbidden Drive next week.
"I hope to make myself do it," he said. "It's been a wonderful thing for me at my age."
Please read complete article at link below:
http://www.philly.com/philly/news/20111020__Geezer__won_t_let_thugs_ruin_his_walks.html
Wednesday, October 19, 2011
DUMBER THAN A BAG OF ROCKS
DUMBER THAN A BAG OF ROCKS
Paul Housch v. Bag of Rocks (c) 2011
by Impeach Judge Randy Kennedy
Paul Housch is "dumber than a bag of rocks"
Bless his heart, Paul Housch, probate practitioner and co-conspirator with Judge Randy Kennedy in the probate racket, counsel for David "deviant" Tate, Petitioner in The Conservatorship of John Daniel Tate, is dumber than a bag of rocks. I make this proclamation not only figuratively, but literally. I can prove in any neutral court, decided upon between Mr. Housch and myself, through clear and convincing evidence, that he is literally dumber than a bag of rocks.
I will go even further to challenge any practitioner in Kennedy's court and claim they are ALL, individually or collectively, dumber than a bag of rocks, though I am not out to prove my point with them and will give them consideration that maybe they are not ALL dumber than a bag of rocks. But this allegation is pointed specifically at Paul Toby Housch.
Now, we won't even try to bring poor Judge Kennedy into this suit, because his ranking from his graduating class at Nashville School of Fraud, uh, I mean Law, is enough to easily surmise he is truly dumber than a bag of rocks.
It will be patience-challenging, but an entertaining process for the audience to witness. But, I can prove, with clear and convincing evidence, that Paul Housch is dumber than a bag of rocks. It will appear as if we're having to repeatedly call the retarded boy for double dribbling in a game of one on one (Paul Housch v. Bag of Rocks), but we'll let him even double dribble, a little, in his attempt to win. He double dribbles all over Kennedy's court and never loses. Imagine that???
There is no trick to this case. What I mean by "dumber than a bag of rocks", is this: I can prove, with clear and convincing evidence, that Paul Housch's IQ is inferior to that of a bag of rocks. It's that simple. We will bring in a psychologist to do the testing, in open court, with a standardized testing for mental aptitude that won't take too long-I hope. In fact, and in consideration of the court, the officers of the court, and for the sake of the observers, not to mention the press (and the precedent this will set), we'll have the psychologist bring the shortest version of testing available to determine mental aptitude, agreed upon by the court and both parties [i.e. Paul Housch v. Bag of Rocks].
But, again, I challenge Paul Housch, in open-neutral-righteous court, to meet me with my bag of rocks and I will prove that bag of rocks is smarter than he is.
In fact, I'll let Mr. Housch bring hisOWN bag of rocks. [just make sure its big enough to cover your head when you leave the court with TV cameras rolling, Mr. Housch] The only stipulation is, you cannot use co-counsel, you cannot have a teleprompter or any device that will allow you to cheat (the way you apparently did to pass the bar). Once you have entered the court and been sworn under oath, you must release your own bag of rocks to the court where it will be placed at the adversarial table along-side me.
You must sue me, John Daniel Tate, for libel in proclaiming you are dumber than a bag of rocks and I will be happy to take on the suit, pro se, in proving, with clear and convincing evidence, I am correct in this specific allegation (i.e. Paul Housch is dumber than a bag of rocks).
If, indeed, I, John Daniel Tate aka Danny Tate, prevail in proving that Paul Housch is dumber than a bag of rocks, Mr. Housch shall restore my estate ten (10) fold from its value when he took a $25K "retainer" (that was never represented in any of his petitions for fees) paid out of my estate by David "deviant" Tate, retire his license and vacate the United States of America, ad infinitum, or be taken into custody to serve out the rest of his life behind bars at a prison to be determined by me, the prevailing party. Agreed?
Are you up to the challenge Mr. Housch or are you ready to admit you ARE:
DUMBER THAN A BAG OF ROCKS
Please read complete article at link below:
https://mail.google.com/mail/#label/Impeach/1331e63472e748c1
Paul Housch v. Bag of Rocks (c) 2011
by Impeach Judge Randy Kennedy
Paul Housch is "dumber than a bag of rocks"
Bless his heart, Paul Housch, probate practitioner and co-conspirator with Judge Randy Kennedy in the probate racket, counsel for David "deviant" Tate, Petitioner in The Conservatorship of John Daniel Tate, is dumber than a bag of rocks. I make this proclamation not only figuratively, but literally. I can prove in any neutral court, decided upon between Mr. Housch and myself, through clear and convincing evidence, that he is literally dumber than a bag of rocks.
I will go even further to challenge any practitioner in Kennedy's court and claim they are ALL, individually or collectively, dumber than a bag of rocks, though I am not out to prove my point with them and will give them consideration that maybe they are not ALL dumber than a bag of rocks. But this allegation is pointed specifically at Paul Toby Housch.
Now, we won't even try to bring poor Judge Kennedy into this suit, because his ranking from his graduating class at Nashville School of Fraud, uh, I mean Law, is enough to easily surmise he is truly dumber than a bag of rocks.
It will be patience-challenging, but an entertaining process for the audience to witness. But, I can prove, with clear and convincing evidence, that Paul Housch is dumber than a bag of rocks. It will appear as if we're having to repeatedly call the retarded boy for double dribbling in a game of one on one (Paul Housch v. Bag of Rocks), but we'll let him even double dribble, a little, in his attempt to win. He double dribbles all over Kennedy's court and never loses. Imagine that???
There is no trick to this case. What I mean by "dumber than a bag of rocks", is this: I can prove, with clear and convincing evidence, that Paul Housch's IQ is inferior to that of a bag of rocks. It's that simple. We will bring in a psychologist to do the testing, in open court, with a standardized testing for mental aptitude that won't take too long-I hope. In fact, and in consideration of the court, the officers of the court, and for the sake of the observers, not to mention the press (and the precedent this will set), we'll have the psychologist bring the shortest version of testing available to determine mental aptitude, agreed upon by the court and both parties [i.e. Paul Housch v. Bag of Rocks].
But, again, I challenge Paul Housch, in open-neutral-righteous court, to meet me with my bag of rocks and I will prove that bag of rocks is smarter than he is.
In fact, I'll let Mr. Housch bring hisOWN bag of rocks. [just make sure its big enough to cover your head when you leave the court with TV cameras rolling, Mr. Housch] The only stipulation is, you cannot use co-counsel, you cannot have a teleprompter or any device that will allow you to cheat (the way you apparently did to pass the bar). Once you have entered the court and been sworn under oath, you must release your own bag of rocks to the court where it will be placed at the adversarial table along-side me.
You must sue me, John Daniel Tate, for libel in proclaiming you are dumber than a bag of rocks and I will be happy to take on the suit, pro se, in proving, with clear and convincing evidence, I am correct in this specific allegation (i.e. Paul Housch is dumber than a bag of rocks).
If, indeed, I, John Daniel Tate aka Danny Tate, prevail in proving that Paul Housch is dumber than a bag of rocks, Mr. Housch shall restore my estate ten (10) fold from its value when he took a $25K "retainer" (that was never represented in any of his petitions for fees) paid out of my estate by David "deviant" Tate, retire his license and vacate the United States of America, ad infinitum, or be taken into custody to serve out the rest of his life behind bars at a prison to be determined by me, the prevailing party. Agreed?
Are you up to the challenge Mr. Housch or are you ready to admit you ARE:
DUMBER THAN A BAG OF ROCKS
Please read complete article at link below:
https://mail.google.com/mail/#label/Impeach/1331e63472e748c1
Ditkowsky
The Probate Act provides that a verified petition alleging incompetency
On Wed, Oct 19, 2011 at 11:09 AM, kenneth ditkowsky
The Probate Act provides that a verified petition alleging incompetency be filed, along with a doctor's certificate of incompetency. The Sodini case requires that prior to the finding of incompetency hearing the close relatives be notified of the time and place of the hearing. (This notice is jurisdictional and cannot be waived). the act also provides other protections for the alleged ward and the act provides the the guardian's appointment is only for the areas in which the ward is deficient. Finally the act provides for reviews from time to time so that if the ward recovers the deprivation of rights would be eliminated as soon as practical.
To my way of thinking this is a solid legislative plan that does provide adequate protections. the problem is that the implementation is 'slim and none' Mary was railroaded into incompetency and two GALs appeared on the 'gravy train.' From then on the GALs functioned to support the plenary guardian and thwart any efforts by Gloria Sykes to stop the elder abuse and financial exploitation.
Had the Court functioned appropriately and did its Constitutional duty, Mary Sykes would never have been 'adjudicated,' no plenary guardian appointed, an order of protection would have been issued against the person who was appointed the plenary guardian, and over a million dollars in cash, jewelry and collectibles would still be in Mary's safety deposit box. In fact there would have been no Sykes case!
Tim: In this USA our legislature functions very well. The pass laws by the dozens; however, after the media pats them on the back, they fail to either fund enforcement or implement procedures for enforcement. Law enforcement takes the heat for lack of enforcement, but as the legislature fails to provide adequate tools to deal with government's inability to property plan and execute a one car funeral law enforcement takes the heat. The executive and the judicial like to wring their hands in hopelessness! The public - i.e. you and I are critics on the sidelines crying out that Mary Sykes' Constitutional Rights have been violated.
Come the next election we should start a campaign to defeat every incumbent office holder who has not done one of the following things: 1) done something forward reaching and positive to fight elder abuse and financial exploitation of the elderly, and
2) done something positive and forward reaching to fight corruption by the political elite.
Democracy is not a spectator sport. The Chinese Communists have a method of dealing with these problems - they decree that a million people are persona non grata and terminate them! The political elite have a similar credo - "lose it - goodby!"
Ken Ditkowsky
www.ditkowskylawoffice.com
Couple Married 72 Years Dies Holding Hands
Couple Married 72 Years Dies Holding Hands
POSTED: 9:16 am CDT October 19, 2011
UPDATED: 11:29 am CDT October 19, 2011
DES MOINES, Iowa -- An Iowa couple who was married for 72 years died one hour apart last week in the hospital as they held hands.
Family said the story of Gordon, 94, and Norma Yeager, 90, is a real-life love story.
On the day she graduated from high school, Norma Stock said yes to Gordon Yeager's marriage proposal. The couple got married on May 26, 1939 in State Center.
"They're very old-fashioned. They believed in marriage til death do you part," said son Dennis Yeager.
Dennis Yeager was the youngest of four children born to the couple. His sister Donna was first born.
"Staying together for 72 years is good, I'd say that's exceptional," said daughter Donna Sheets.
The way the kids tell it, dad was the life of the party while mom kept everything together.
"Anybody come over -- she was the hostess with the mostess. She just seriously -- the more she did -- the more she smiled," said Dennis Yeager. "Dad would be the center of attention, like, 'Weee look at me,' and mom was like 'get him away from me!' You know we even got a picture like that." (picture, right)
Norma didn't really want the distance, and family said she hardly left Gordon's side for 72 years.
"They just loved being together. Everybody argues once in awhile, but they still, he said 'I have to stick around. I can't go until she does because I have to stay here for her and she would say the same thing,'" said Dennis Yeager.
Dennis Yeager said the couple left home last Wednesday to go into town, but they didn't make it.
At the intersection of Highway 30 and Jessup Avenue just west of Marshalltown, state troopers said Gordon pulled in front of an oncoming car. The Iowa State Patrol crash report said the other driver attempted to avoid the crash but was unable to stop in time.
"I rushed from Des Moines where I was working and saw them in the hospital," said Dennis Yeager.
In the intensive care unit of Marshalltown's hospital, nurses knew not to separate Gordon and Norma.
"They brought them in the same room in intensive care and put them together -- and they were holding hands in ICU. They were not really responsive," said Dennis Yeager.
Gordon died at 3:38 p.m. holding hands with his wife as the family they built surrounded them.
"It was really strange, they were holding hands, and dad stopped breathing but I couldn't figure out what was going on because the heart monitor was still going," said Dennis Yeager. "But we were like, he isn't breathing. How does he still have a heart beat? The nurse checked and said that's because they were holding hands and it's going through them. Her heart was beating through him and picking it up."
"They were still getting her heartbeat through him," said Donna Sheets.
At 4:48 p.m., exactly one hour after Gordon died, Norma passed too.
"Neither one of them would've wanted to be without each other. I couldn't figure out how it was going to work," said Donna Sheets. "We were very blessed, honestly, that they went this way."
"They just loved being together," said Dennis Yeager.
At their funeral on Tuesday, Norma and Gordon held hands in their casket. Family said they will be cremated and their ashes mixed together.
Please read complete article at link below:
http://www.kcci.com/r/29528191/detail.html
Editor's note: Your ProbateShark is a real softy and even sharks can cry reading this touching story. This shark also reflected on the hell and havoc the vultures of a probate court would rend upon this magnificent couple had they survived. Lucius Verenus, Schoolmaster, ProbateSharks.com
Database allows consumers to check on doctors in Illinois
chicagotribune.com
Database allows consumers to check on doctors in Illinois
By Carla K. Johnson
Associated Press
10:31 AM CDT, October 19, 2011
Consumers can now check up on thousands of doctors and chiropractors in Illinois, including accessing information about malpractice cases, thanks to a public database that went back online today.
The Physician Profile is available on the Illinois Department of Financial and Professional Regulation's website, and allows patients to see whether a physician or chiropractor has been disciplined here or in another state.
The searchable database includes about 46,000 doctors and 4,500 chiropractors, along with malpractice judgments and settlements going back five years.
The database was taken offline last year when the Illinois Supreme Court struck down a medical malpractice reform law as unconstitutional.
A new law, the Patient Right to Know Act signed by Gov. Pat Quinn in August, reinstated the database and gave doctors 60 days to review the information before the site went live. That review period has passed, allowing the site's return.
"Selecting a physician is one of the most important decisions a family makes, and we want people to have the information they need to make the best choice," Quinn said in an email. "This website is an important tool to empower Illinois consumers by giving them online, easy-to-use access to information about our state's doctors."
The site also shows where a doctor went to school, whether he or she is taking new Medicare and Medicaid patients, and includes board certifications and number of years in practice.
Before it went dark in 2010, the website drew more than 150,000 hits weekly. The Illinois Medical Society took a neutral stand on the law that brought back the site, arguing that it should have been wrapped into larger legislation governing the practice of medicine.
Some attorneys said they were glad the site is back.
"I think it's great," said Chicago lawyer Jerry Latherow, president of the Illinois Trial Lawyers Association. "In this age of transparency, it only seems right that this information be available to patients. There's nothing more personal than our medical care. This gives patients the right to know about the background of their doctors so they can decide what the best physician is for them."
A national consumer group also praised Illinois for reinstating the database.
"We strongly favor transparency in the health care arena," said Dr. Michael Carome, deputy director of Public Citizen's Health Research Group in Washington, D.C. "Having this information publicly available is better for patients."
Public Citizen ranks states by how frequently their medical boards take serious disciplinary actions against doctors. Illinois ranked 20th among states for disciplining doctors in the group's most recent report, Carome said. Illinois has improved since 2003, when it ranked 35th.
"We believe that the ranking that we do reflects how well and how diligent the state medical board is performing," Carome said. "The more actions they take, the more active, the more alert and the more diligent they are."
Please read complete article at link below:
http://www.chicagotribune.com/news/local/breaking/chi-database-allows-consumers-to-check-on-doctors-in-illinois-20111019,0,4933355.story
Editor's note: Your ProbateShark also praises Illinois for reinstating the data base. Lucius Verenus, Schoolmaster, ProbateSharks.com
Database allows consumers to check on doctors in Illinois
By Carla K. Johnson
Associated Press
10:31 AM CDT, October 19, 2011
Consumers can now check up on thousands of doctors and chiropractors in Illinois, including accessing information about malpractice cases, thanks to a public database that went back online today.
The Physician Profile is available on the Illinois Department of Financial and Professional Regulation's website, and allows patients to see whether a physician or chiropractor has been disciplined here or in another state.
The searchable database includes about 46,000 doctors and 4,500 chiropractors, along with malpractice judgments and settlements going back five years.
The database was taken offline last year when the Illinois Supreme Court struck down a medical malpractice reform law as unconstitutional.
A new law, the Patient Right to Know Act signed by Gov. Pat Quinn in August, reinstated the database and gave doctors 60 days to review the information before the site went live. That review period has passed, allowing the site's return.
"Selecting a physician is one of the most important decisions a family makes, and we want people to have the information they need to make the best choice," Quinn said in an email. "This website is an important tool to empower Illinois consumers by giving them online, easy-to-use access to information about our state's doctors."
The site also shows where a doctor went to school, whether he or she is taking new Medicare and Medicaid patients, and includes board certifications and number of years in practice.
Before it went dark in 2010, the website drew more than 150,000 hits weekly. The Illinois Medical Society took a neutral stand on the law that brought back the site, arguing that it should have been wrapped into larger legislation governing the practice of medicine.
Some attorneys said they were glad the site is back.
"I think it's great," said Chicago lawyer Jerry Latherow, president of the Illinois Trial Lawyers Association. "In this age of transparency, it only seems right that this information be available to patients. There's nothing more personal than our medical care. This gives patients the right to know about the background of their doctors so they can decide what the best physician is for them."
A national consumer group also praised Illinois for reinstating the database.
"We strongly favor transparency in the health care arena," said Dr. Michael Carome, deputy director of Public Citizen's Health Research Group in Washington, D.C. "Having this information publicly available is better for patients."
Public Citizen ranks states by how frequently their medical boards take serious disciplinary actions against doctors. Illinois ranked 20th among states for disciplining doctors in the group's most recent report, Carome said. Illinois has improved since 2003, when it ranked 35th.
"We believe that the ranking that we do reflects how well and how diligent the state medical board is performing," Carome said. "The more actions they take, the more active, the more alert and the more diligent they are."
Please read complete article at link below:
http://www.chicagotribune.com/news/local/breaking/chi-database-allows-consumers-to-check-on-doctors-in-illinois-20111019,0,4933355.story
Editor's note: Your ProbateShark also praises Illinois for reinstating the data base. Lucius Verenus, Schoolmaster, ProbateSharks.com
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