Saturday, November 30, 2013

Irving Fisk Faskowitz Heirs - Florida Attorney General documents

Editor's note: Irving Fisk Faskowitz Heirs, It has been brought to the attention of  Your Probate Shark that the Florida Attorney General's office has misplaced or lost the entire Irving Fisk Faskowitz legal file.  Do not despair. Your Probate Shark has the entire complete file and is willing to copy file for Irving Fisk Faskowitz's brothers, Samuel and David Faskowitz descendants or  agents thereof including law enforcement agencies.  Lucius Verenus, Schoolmaster, ProbateSharks.com

Are Chicago politics involved to keep media and police quiet about the murder of Marjorie G. Ivy by Mordechai Faskowitz?

Are Chicago politics involved to keep media and police quiet about the murder of Marjorie G. Ivy by Mordechai Faskowitz?

Why is there a media blackout regarding the murder of Marjorie G. Ivy by Mordecai Faskowitz?



Alas, Barzilia, you have not forsaken me...




Barzilai, a response to "Assault victim fears elderly woman’s murder could have been prevented"




Read more: http://wgntv.com/2013/10/14/assault-victim-fears-elderly-womans-murder-could-have-been-prevented/#ixzz2hhKezcyw
Barzilai, a response to "Assault victim fears elderly woman’s murder could have been prevented"

  1. Barzilai   
Assault victim fears elderly woman’s murder could have been prevented
You write
"To the best of Your ProbateShark's knowledge the real decedents of Irving, his two brothers, David and Harry or their decendents were never advised using due diligence by the State of Florida as being true heirs to Irving's Estate. In essence, total strangers with the same last name recovered the life achievements of Irving Fisk Faskowitz and the fifth unrelated sibling, Mordechai Faskowitz was excluded."

So what is it, exactly, that bothers you? That they are thieves, or that they didn't share their ill gotten gains with their disabled brother?

Are David and Harry decedents of Irving? I'm not sure what that means. Decedent means "one who is dead." Are they the dead ones of Irving? Or maybe you mean descendants. But are brothers descendants? I thought children or legal wards were desecendants?

Oh, my mistake. I thought you were a serious and rational independent investigator, but now I realize that you're just letting off steam for a perceived injustice. It's an emotional thing, and nothing has to really make sense. Sorry to bother you.
ReplyDelete


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  3. Dear Barzilai,

    Thank you so much for your most helpful comments on the ProbateSharks.com blog. We appreciate all constructive comments to the blog. This Shark apologizes for errors as his fish brain is limited. This Shark has corrected 2 incorrect words in the posting i.e. decedents changed to descendants and Harry Faskowitz to Samuel Faskowitz. Your ProbateShark checked the genealogy that ProbateSharks.com commissioned after witnessing the incongruities of the genealogy prepared by the Faskowitz-Solo Clan for the court in Sebring, Florida. This genealogy along with the complete Irving Fisk Faskowitz file is being limited to law enforcement personnel only.

    Barzilai, what bothers this Shark is that one of the Faskowitz siblings is the same person who defrauded Alice R. Gore, a 99 year old disabled ward of the Probate Court of Cook County, removed her gold teeth, her fortune, her liberty and placed an unnecessary gastric tube into her stomach thus depriving her of one of her favorite senses, her taste of food. Yes, if these are the acts of thieves and people who would rob their own brother of any gains...legal or ill begotten...if the shoe fits...so be it.

    Your ProbateShark has big shoulders and accepts your criticism as he is a fish and not a professional investigator. As a sister and legal guardian of Mordy much more would be expected, but alas this was not forthcoming and the results to Marjorie Gayle Ivy were horrendous, deadly, and fatal.
    Barzilai, I have not corrected your errors in the word descendants in your original comment which you misspelled.

    From the Shark Pool, Lucius Verenus, Schoolmaster, ProbateSharks.com

2 comments:

  1. I see. But I know Ms. Solo, and I see an entirely different side of her. I see her as a woman that has undergone the most horrible experiences, who then went to law school and chose her field of work in the hope that she could ameliorate the suffering of others. I find it hard to believe that she has intentionally caused any innocent person to suffer. She certainly has not enriched herself, as others in her field have.

    There are going to be cases where good people have totally opposed ideas of what the best course of action is, and the unfortunate result is that each side thinks the other is wicked and cruel.

    I used to practice law. Once, when I went to court, some officers of the court thought I was someone that had given Ms. Solo a lot of grief, and it looked like they wanted to take me out and beat me up. In other words, she was very well liked and highly respected in that courtroom.

    I'm sorry you experienced the hardship that has resulted in such consuming hatred.
    ReplyDelete


  2. Barzilai, responding to your communication “"Assault victim fears elde...":

    You are a person who is in love with Ms. Solo so therefore any observations or comments that I would make to you would have no effect on your opinion. Granted, your ProbateShark has also suffered hardships in life, both physical, financial and emotional...some of them caused by Ms. Solo and her associates.

    That reminds this Shark of a yarn heard in the shark tank about an old hammerhead shark. This hammerhead shark had a habit of eating her own remoras, also known as pilot fish, that guide a nearsighted shark. Sharks can’t eat their own young since they are egg layers. Well this old lady shark kept eating the remoras until all the remoras abandoned her and she led a very lonely and dangerous life. Well, that is just another fish story.

    Obviously, the record of Ms. Solo being a party to her family’s exclusion of a disabled brother’s substantial estate sheds a different picture of the same person. A reasonable person would only have to check the court records of the Estate of Irving Fisk Faskowitz to corroborate her notarized signature on the court documents in Sebring, Florida that mentions only four siblings.Mordy was excluded. Moreover, comments of the Florida AG stated that they felt that Ms. Solo or her siblings did not have a right to the half of the Irving Faskowitz Estate not yet dispersed.

    One would examine her involvement with the “Estate of Alice R. Gore”, a 99 year old disabled ward of the Probate Court of Cook County. Ms. Solo was knowingly responsible for electing a mentally ill person who had been a resident in 54 specialized mental health placements as guardian for Alice R. Gore. This “guardian” was court adjudicated as borderline psychotic, “a person who is a danger to herself and others”... Does this appear to be the act of a “ameliorate the suffering of others” or “intentionally caused any innocent person to suffer”. As far as “ has not enriched herself, as others in her field have.”...just check the dispersal checks for tens of thousands of dollars payed from the Estate of Alice R. Gore to Ms. Solo to refute that statement. If Alice were alive and lucid today she certainly would question the veracity of Ms. Solo’s decision.

    As far as “she was very well liked and highly respected in that courtroom” just refer to the paucity of GAL selections by probate judges that she has received since 2010...not as many as before, for sure. Speaking of judges, two probate court judges have been mysteriously removed from the court within the last couple of months, one of whom was a “supporter” of Ms. Solo.

    Barzilai, included in the Irving Fisk Faskowitz Estate file is information from private detectives who gleaned many confidential files that I am sure you have never been apprised of. These of course are only available to law enforcement and are not suitable or appropriate for dissemination in a public blog. The ProbateSharks and ProbateSharkettes appreciate your commentary into the ProbateSharks.com blog. Lucius Verenus, Schoolmaster, ProbateSharks.com
    ReplyDelete

4 comments:

  1. Tragedy upon tragedy, with nothing good to come out of this for anyone. What more is there to say?
    ReplyDelete


  2. By the way, I don't have a close personal relationship with her, more of a nodding acquaintance, but I do know her life history. I respect her.
    ReplyDelete


  3. Yes, Barzilai, the tragedy is a tragedy that should never have happened. More can be said, however it must be Miriam who is the sayer.

    First, she must trek to the Cook County Jail and beg forgiveness from her disabled brother, Mordecai Faskowitz for excluding him from his inheritance. Mordy, might have had a trust fund with several hundred thousand dollars provided for quality mental health care.

    Second, Miriam should visit the office of Anita Alvarez and confess to an alleged crime against a disabled person, her brother.

    Third, travel to the Prudential Building to the offices of the IARDC and confess her sins to Mr. Larkin and request her law license be terminated immediately and indefinitely.

    Fourth, walk over to the Federal Building with copies of the notarized affidavits mailed to the Florida courts testifying she was one of four siblings in her family when there were five. If she does not possess these documents, Your ProbateShark would provide copies.

    After the above acts of contrition and others, Miriam may be on the long road of redemption to eventually becoming a good person.

    Lucius Verenus, Schoolmaster, ProbateSharks.com
    ReplyDelete


  4. Barzilai,

    The ProbateSharks.com blog postings containing the key words; Solo, Faskowitz, Ivy, Barzilia, Larkin, and several other combinations have gone ballistic on the Shark blog with hundreds of views. Your ProbateShark is kept very busy attempting to answer questions about the tragedy that boggle a fish’s mind. Evidently many people have had their lives intercepted by Miriam Solo and would be interested in your dialogue of her life and times. I believe this is more important now since although the media has completely forgotten about the tragedy of Mordechai Faskowitz and the untimely death and murder of Marjorie Gayle Ivy, the public has not forgotten. Lucius Verenus, Schoolmaster, ProbateSharks.com
    ReplyDelete

Former Rukn seeks clean slate in wake of his acquittal in retrial of 1984 gang killings

Former Rukn seeks clean slate in wake of his acquittal in retrial of 1984 gang killings

Prosecutors make deals with 2 killers to fight move for a certificate of innocence

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Fields aquitted
Nathson Fields, a former member of the gang El Rukn, is all smiles after his acquittal in 2009 in the retrial of his murder case. With him is his girlfriend Maggie Parr. (Chicago Tribune / April 8, 2009)
It was an extraordinary hearing highlighted by testimony about a notorious Chicago gang's hit squads, a Cook County judge who went to prison for taking bribes to fix murder cases and an unprecedented agreement by prosecutors to reduce the sentences of two admitted killers called to testify.
At issue is whether Nathson Fields, a former member of the gang El Rukn, will be awarded a certificate of innocence. A judge is scheduled to issue a ruling in February.
Fields was originally convicted of a 1984 double murder ordered by gang kingpin Jeff Fort. But Thomas Maloney, the judge who presided over the bench trial, himself was later convicted of pocketing $10,000 to fix the trial, only to return the money in the midst of the trial when he suspected the FBI was onto the bribe. Maloney convicted Fields and a co-defendant and sentenced both to death.
After Maloney's sensational conviction years later, Fields won a new trial and was acquitted in 2009 of the double murder. He was released after spending 17 years in prison.
Now he wants a certificate of innocence to clear his name, but county prosecutors have strenuously fought back. To prove that Fields was the actual killer, they made deals with two former Rukn "generals" to testify at the civil hearing — not a criminal proceeding where such maneuvering is commonplace.
The hearing itself was described by participants as a history lesson on one of the more notorious, flamboyant and murderous street gangs in recent Chicago history.
El Rukn — a term that testimony showed meant "the cornerstone" — emerged in the 1970s after Fort and other Black P Stone leaders went to prison in 1968 for using a $1 million federal grant to buy guns and drugs.
It operated under cover of a so-called religious organization out of a heavily fortified former movie theater called the "fort" that once stood near Pershing Road and Drexel Avenue. For years, Fort ran El Rukn from behind bars, participating by phone in weekly meetings of the Royal Council, his leadership team, according to testimony.
Fort, now 66, is serving an 80-year sentence in the supermax federal prison in Florence, Colo., for his 1987 conviction for plotting acts of domestic terrorism in exchange for $2.5 million from Libya. He isn't scheduled to be released for 25 more years, according to prison records.
One of the gang's former generals, Earl Hawkins, testified at the hearing that Fort ordered the slaying of Jerome "Fuddy" Smith, a suit coat-wearing leader of the rival Black Gangster Disciples' Goon Squad, because Smith was interfering with Rukn drug sales in a public housing complex on East Pershing Road.
Smith and Talman Hickman, another reputed Goon Squad member, were shot as they stood outside the complex. Hawkins, who testified that he took part in the murders of 10 to 20 people, said he saw Fields fire the five shots that killed Hickman.
During the hearing, Fields denied taking part in the double murder or having any position of authority in the gang, testifying that besides going to El Rukn religious and community-building meetings, the only other work he did was for the gang's private security outfit, working at Comiskey Park for a Michael Jackson concert.
Fields maintained he is not seeking a certificate of innocence for leverage in the lawsuits he's filed against the city but simply to clear his name.
"It's about justice," a transcript of the hearing quoted him as testifying. "It's about what's right."
One of Fields' attorneys, Leonard Goodman, criticized the "unprecedented" deal offered to Hawkins and Derrick Kees, another Rukn killer who tied Fields to the 1984 killings.
"The state is going to let people out of prison to say it their way," Goodman said. "This has never been done in the history — that we can tell — of civil cases."
In exchange for his testimony, Kees had the remaining five years cut from his state sentence but will continue serving the rest of his 25-year federal prison sentence. Hawkins had three years shaved off his sentence.
"They're still serving significant federal time," Assistant State's Attorney Brian Sexton said. "They'll probably be in their 70s when they get out."
Prosecutors allege that Fields was himself a Rukn general who was aware at the time of the trial of the $10,000 the gang paid to Maloney to fix his case. Fields previously served more than 12 years in prison for a 1971 murder in Dixmoor.
"He is not truly innocent," Sexton said of Fields.
sschm@tribune.com

Court orders new trial for Wheeling rape convict

Court orders new trial for Wheeling rape convict

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  (Tribune illustration)
An appeals court has overturned the sexual assault conviction of a Highland Park man, ruling that Cook County prosecutors improperly questioned him at his trial.
The Illinois Appellate Court's decision, announced Wednesday, means that Matthew Schaffer, 35, is entitled to a new trial.
Schaffer is serving 30 years in Menard Correctional Center for home invasion, armed robbery and aggravated criminal sexual assault. His lawyer, Ralph Meczyk, said he was "gratified" by the ruling and looked forward to a new trial.
During Schaffer's trial in 2011, a woman testified that a man wearing a pantyhose mask entered the room where she was staying at a friend's condo in Wheeling in May 2010, held a knife to her throat, pointed a gun at her and threatened to kill her if she screamed. The woman, who was visiting from out of state, testified that he handcuffed her hands behind her back, sexually assaulted her and stole her wedding band, watch and $100.
Police said someone had cut a hole in the patio screen door.
Authorities arrested Schaffer after they said he sold the woman's watch at a pawnshop in Chicago, using his passport as identification.
A DNA expert testified that Schaffer's DNA matched sperm from the woman's clothing.
On the witness stand, Schaffer admitted he had sex with the woman but claimed it was consensual. He testified that he was a longtime marijuana dealer and that the woman had bought marijuana from him twice before. He said she gave him the watch and the money to pay for the drugs.
During the trial, Cook County Assistant State's Attorney Michael Clarke repeatedly asked Schaffer whether the alleged victim and two detectives made up their testimony, and Schaffer answered that they did, according to the appeals court ruling.
In the unanimous ruling by the three-judge panel, Judge Aurelia Pucinski wrote that prosecutors improperly forced the defendant to challenge the credibility of the other witnesses.
"It is well-established that it is improper for a prosecutor to ask a defendant his opinion on the veracity of other witnesses, as such questions intrude on the jury's function to determine witness credibility, and (such questions) also demean and ridicule the defendant," the judge wrote. "While the practice may be deemed harmless error when evidence of a defendant's guilt is overwhelming, reversal is warranted when the evidence is closely balanced and the credibility of the witnesses is a crucial factor underlying the jury's determination of guilt or innocence.
"In this case, where the evidence was close and the jury's decision hinged on a credibility determination, the prosecution's improper cross-examination denied defendant a fair trial."
Courts were closed Friday, and a state's attorney's office representative was not available for comment. Schaffer remains in prison while prosecutors have an opportunity to appeal the ruling.
rmccoppin@tribune.com
Twitter @RobertMcCoppin

OJ Simpson faces more prison time after judge rejects bid for new trial

OJ Simpson faces more prison time after judge rejects bid for new trial

  • OJ.jpg
    O.J. Simpson returns to the courtroom after a lunch break during the fifth day of an evidentiary hearing in Clark County District Court in Las Vegas, Nevada May 17, 2013. Simpson, who is currently serving a nine-to-33-year sentence in state prison as a result of his October 2008 conviction for armed robbery and kidnapping charges, is using a writ of habeas corpus to seek a new trial, claiming he had such bad representation that his conviction should be reversed. REUTERS/Steve Marcus (UNITED STATES - Tags: CRIME LAW SPORT ENTERTAINMENT) - RTXZR2N (Reuters)
O.J. Simpson faces at least four more years in prison after a judge rejected his bid for a new trial in his Las Vegas armed robbery and kidnapping conviction.
"All grounds in the petition lack merit and, consequently, are denied," Clark County District Judge Linda Marie Bell said in her ruling Tuesday.
Simpson's lawyer Patricia Palm said she spoke briefly with the former football star from prison, and said he was disappointed but would appeal to the Nevada Supreme Court. Simpson's new defense team argued that his original lawyers botched his case.
"We're confident that when we get to the right court we'll get relief because he deserves relief, because he didn't get a fair trial," Palm told The Associated Press.
Clark County District Attorney Steve Wolfson, whose wife was the judge who presided over the Simpson 2008 trial, called Bell's ruling the right decision.
"I believe Mr. Simpson received a fair trial and had more than competent counsel," Wolfson said.
If the 66-year-old Simpson loses his appeal to the state high court, he could take the case to federal courts to argue his constitutional right to effective counsel was violated.
Simpson was found guilty of kidnapping, armed robbery and other charges in what he said was an attempt to retrieve memorabilia and personal items from two sports collectibles dealers in a casino hotel room.
Simpson was sentenced to nine to 33 years in Nevada state prison but was granted parole on some convictions in July, meaning he must serve at least four more years locked up.
Simpson's conviction came 13 years to the day after the former movie and TV star was acquitted in the Los Angeles "trial of the century" in the stabbing deaths of his ex-wife, Nicole Brown Simpson, and her friend Ronald Goldman. Six years later, a jury in Miami acquitted him of all charges in a Florida road rage case.
Simpson's legal defense in his Las Vegas trial was headed by Yale Galanter, the Miami-based attorney who represented him in the 2001 road rage case. Attorney Gabriel Grasso served with Galanter as co-counsel in Las Vegas.
Galanter, who testified during Simpson's five-day habeas corpus hearing in May, said he felt vindicated.
"As O.J.'s lawyer and confidante, it was gut-wrenching for me to have to be in a position to defend my strategy and efforts on his behalf as his lawyer and testify against my client," Galanter said by telephone. "If I did what their legal team says I did, the first thing O.J. should have said to me was, 'Hey I'm in jail and it's because of you. Go screw yourself.'"
Bell's 101-page ruling rejected arguments that Simpson received inadequate legal representation.
"Mr. Simpson's convictions stem from serious offenses," she wrote. The judge noted the involvement of six co-conspirators and weeks of advance planning.
"Mr. Simpson specifically asked two of his co-conspirators to bring weapons ... to show the sellers he meant business," she said. And the two memorabilia dealers were "lured into a small hotel room" where they were surprised by Simpson's group.
The judge considered a 94-page petition for a new trial.
Simpson's new legal team — Palm, Ozzie Fumo and Tom Pitaro — said they believed they presented overwhelming evidence that Galanter knew of Simpson's plan, had conflicted interests that shaped the way he handled the case, and that Simpson didn't get a fair trial.
They said Galanter failed to hire an investigator or have experts examine crucial evidence, including audio tapes that jurors later said convinced them of Simpson's guilt.
Simpson's lawyers sought to show that Galanter advised Simpson it was OK to take back his items and should have stepped aside so he could be called as a witness for Simpson's defense.
Instead, they said, Galanter advised Simpson not to testify and reached a pretrial agreement with prosecutors not to enter evidence into the trial record of phone calls that raised questions about whether he had knowledge of the heist.
Finally, Simpson's legal team said that by handling the appeal, Galanter nearly precluded Simpson from ever arguing he had ineffective counsel.
A shackled Simpson spent an entire day in May testifying for the first time in the case. Simpson, noticeably grayer and heavier after five years in prison, said he believes Galanter misled him, including telling him it was OK to retrieve the family photos and memorabilia he thought had been stolen from him after his acquittal in Los Angeles in 1995.
Simpson said Galanter advised him that it was his legal right to retrieve personal items as long as no force was used and no one trespassed.
"It was my stuff," Simpson said. "I followed what I thought was the law. My lawyer told me I couldn't break into a guy's room. I didn't break into anybody's room. I didn't try to muscle the guys."
During his parole hearing in July, Simpson said he was sorry for his actions and said he had made amends with the two memorabilia dealers.
"I just wish I never went to that room," Simpson said.
Galanter dramatically contradicted Simpson's account. He testified he was surprised when Simpson told him that he and several other men were planning a "sting" the next morning.
The attorney denied giving Simpson the go-ahead to try to retrieve the items.
"I said, 'O.J., you've got to call the police,'" Galanter testified.
Galanter disputed the claim that Simpson was never informed about plea bargain discussions with prosecutors that could have resulted in a prison sentence of just a few years.
Galanter also testified that Simpson later confided to him that he knew some of the five men with him the night of the robbery had guns.
Simpson maintains to this day that he never asked anyone to bring guns or saw weapons in the cramped hotel room.
"Mr. Simpson never told me he was going to go to the Palace (Station) hotel with a bunch of thugs, kidnap people and take property by force," Galanter said. "To insinuate I, as his lawyer, would have blessed it is insane."

Outrage Over Financial Exploitation of Elderly Drives California Lawyer

Outrage Over Financial Exploitation of Elderly Drives California Lawyer
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Beverly Hills, CA: After 45 years practicing law, Phil Brown could go golfing and forget about coming to the office every day. Instead, he says he can’t wait to get to work every morning. His focus for almost a decade now has been financial elder abuse.

Outrage Over Financial Exploitation of Elderly Drives California LawyerHe often sees situations so egregious, so despicable, that he’s on a mission to see the perpetrators held in check. “You want to eat these people up,” says Brown, in a remarkably calm and measured tone. “You’re outraged each time you get a new case.

“I am really not a hard-assed lawyer. I would rather talk to the opposing lawyer and talk things out and avoid stress for my clients,” says Brown. “Just getting near a courtroom is very stressful for all parties, and if you can avoid it, that is good thing. However, there are times when it is going to happen.”

Sadly, as Brown explains, it is often family members who advise a parent to turn over a bank account for safekeeping, then bleed it dry or perhaps take advantage of a frail and failing mind to obtain title to a property. “It’s quite like stealing,” says Brown.

Frequently, it’s a third party who calls out the perpetrator and saves the senior from financial ruin, or from a set of circumstances the victim never would have approved of or wanted.

“You’ve got to catch the money real fast or you will never find out where it’s gone,” says Brown. “In one case, I had to phone up a son who’d had his mother unknowingly sign over her bank accounts to him. Within days, the accounts were drained. I phoned the son and said ‘your mother wants her money back.’ That’s one where we did have to go court, and, yes, we got the accounts back.”

According to the New York City Elder Abuse Center, an estimated $2.6 billion is stolen from elderly Americans every year through financial exploitation. The growing number of elderly Americans, often living alone, isolated and separated from responsible family members, are easy targets for unscrupulous people who manipulate or deceive seniors out of their homes and life savings.

“Every case is different. It often involves complex family relationships, or a caregiver who takes advantage of the situation; it’s always slightly different. The reality is that financial exploitation of elders has been going on forever. There are just more elderly people these days and more cases of financial abuse,” says Brown.

“I have represented defendants where someone is making a claim that a gift was obtained improperly and in fact it wasn’t,” says Brown. “Several years ago my client was supposed to inherit a house. She had a friend she met in a doctor’s office where they were both going for treatment. The woman had no spouse and no children and she gifted the house to my client,” says Brown.

California has tough laws on elder financial exploitation and Brown’s client was accused of manipulating her friend into making her the heir. “She hadn’t done that, of course,” says Brown. “It was a true gift and we got her the house.”

These are dangerous times to live in for seniors. By the time financial exploitation cases hit Phil Brown’s desk it’s too late. The exploitation has already happened and it’s his job to put it right.

However, Brown has a few thoughts for senior citizens to prevent things from ever getting to that stage. “Get a medical power of attorney and a financial power of attorney. Pick people you trust. If you have two people on your team, they can keep each other in check.”


Phil Brown is a graduate of Berkeley and U.C.L.A. Law, and a founding partner at Phil Brown Law in Beverly Hills, California. Brown is a litigation lawyer with expertise in a number of areas, including Elder Financial Abuse. He founded the Law Students Civil Rights Research Council in California in the 1960s, and worked undercover with the NAACP in Louisiana and Mississippi in the summer of 1965.

Legal arguments filed in cop’s inheritance dispute (NH)

Legal arguments filed in cop’s inheritance dispute (NH)

PORTSMOUTH — Manchester attorney David Eby is asking for a June trial to dispute the last will and trust for the late Geraldine Webber, who left an estimated $1.8 million in assets to Portsmouth police Sgt. Aaron Goodwin.
Representing the Memorial Sloan-Kettering Cancer Society and The Shriners Hospitals for Children, Eby alleges in new court documents that Goodwin befriended Webber, who was diagnosed with dementia in 2010, before helping her visit “more than one attorney for the purpose of changing her estate plan.”
“The attorneys declined to draft a new estate plan,” Eby wrote to the court. “The petitioners believe, and discovery will bear this out, that these attorneys refused to draft new estate planning documents because each had serious concerns about Ms. Webber’s capacity and/or that she was being unduly influenced to sign a new estate plan.”
Eby wrote to the court on Nov. 8 that his clients were each $500,000 beneficiaries under a will Webber endorsed in 2009 with Portsmouth attorney James Ritzo. Under the terms of a disputed will and trust, which Webber endorsed with Hampton attorney Gary Holmes in 2012, each of his clients is an $80,000 beneficiary, Eby wrote.
Goodwin “drove Ms. Webber to see attorney Gary Holmes, who later drafted new estate planning documents,” Eby alleges in a court summary.
A hearing on the case is scheduled for Thursday in the Rockingham County probate court, which Eby has asked to schedule specific deadlines, including a three- to five-day trial commencing June 16.
Through attorney Charles Doleac, Goodwin “denies any and all allegations of any wrongdoing concerning Geraldine Webber.” In previously filed court documents, Goodwin said he gave Webber a business card to contact Holmes, but she conducted all further estate planning on her own.
In a summary statement he filed Nov. 8 with the probate court, Goodwin says he aided Webber “in preventing her former attorney (Ritzo) from maintaining control” over her “against her will” and under a power of attorney. Goodwin’s summary statement to the court alleges he reported Ritzo to the attorney general’s office to keep Ritzo from contacting Webber.
The attorney general’s office previously told the Herald that all allegations concerning Ritzo, Webber’s 25-year attorney, were unfounded.
Similarly, Goodwin’s Nov. 8 summary statement to the probate court says allegations that he exerted undue influence over Webber were determined by the attorney general’s office to be “unfounded.” Goodwin also tells the court that a Dr. John Hopkins determined a month before Webber signed the new will and trust, that she exhibited signs of cognitive impairment, but also had “good recall abilities, her thought processes are intact, and she showed positive signs of preserved cognition.”
Not mentioned is that Hopkins’ report, which was obtained by the Herald, also says Webber had “mild dementia,” “lacks capacity to engage in complex business decisions” and “on a bad day, she’s out there.”
Attorney Gary Holmes, through his attorney, Ralph Holmes, wrote to the court on Nov. 11 stating that Webber “developed great respect and appreciation” for Goodwin and “ultimately decided to show her gratitude for his ongoing friendship by making him a beneficiary under her estate plan.” Holmes tells the court Webber came to think of Goodwin as “her second son,” while a video recording of Webber signing her last will and trust recorded her making sexual remarks about Goodwin.
Webber’s disabled grandson was excluded from the 2012 will and trust. Through attorney Lisa Bellanti, the grandson and only surviving heir told the probate court during an Oct. 21 court hearing that he believes Webber did not have the mental capacity to endorse the 2012 will and trust.
The Portsmouth Police and Fire departments were each previously designated to receive one-quarter of Webber’s estate after the sale of her home and assets. In the will and trust Webber endorsed through Gary Holmes, the departments are each named as $25,000 beneficiaries.
Portsmouth City Attorney Robert Sullivan filed a Nov. 7 statement with the court saying the city takes no position in the case and intends to present no evidence and make no argument.
Braintree (Mass.) High School is now being represented by attorney Anna Hantz, from the Concord law firm of Shaheen, Phinney, Bass & Green. Hantz filed notice with the probate court stating the high school filed an appearance as “an interested party only,” while taking “no position with regard to the legal issues in dispute in this matter.”
Webber’s 2009 will made the high school a $240,000 beneficiary for the purpose of providing annual college scholarships in memory of her late son, Bruce, a 1960 graduate of Braintree High. The subsequent will and trust names Braintree High as a $25,000 beneficiary.
Portsmouth attorney Paul McEachern is representing several individuals who are prior or diminished beneficiaries of Webber’s. He has called the estate dispute “a matter of official corruption” and successfully argued for the case to be heard in public, over Ralph Holmes’ contrary request.
Associate Attorney General Anne Edwards has filed an appearance on behalf of the state’s charitable division.
Webber died Dec. 11, 2012, at age 93, leaving her riverfront home, stocks, bonds and a Cadillac to Goodwin. By all accounts, she met Goodwin when he answered a police call she made about an intruder.
Attribution:
Legal arguments filed in cop’s inheritance dispute
Shriners Hospitals and cancer group seek trial
Elizabeth Dinan
November 16, 2013
Seacoastonline.com
http://www.seacoastonline.com/articles/20131116-NEWS-311160335

Friday, November 29, 2013

Former Crawford judge pleads guilty in theft case

Former Crawford judge pleads guilty in theft case

mstucka@macon.comNovember 25, 2013 



Andrea Peterman will spend the next decade under the supervision of law enforcement officers who used to call her “your Honor” and “judge.”
Peterman, who had served as both Crawford County’s chief magistrate judge and Probate Court clerk, was sentenced Monday morning to serve 160 to 180 days in a state detention center, with the remainder of her 10-year sentence on probation.
In a plea deal, Peterman agreed to plead guilty to a count of fiduciary theft from Crawford County Probate Court and a count of violating her oath of office as the county’s elected chief magistrate judge.
She pleaded guilty in a courtroom with many co-workers in attendance. On her way in to plead guilty, she exchanged hugs with a female deputy.
District Attorney David Cooke told Senior Superior Court Judge Tracy Moulton Jr. that “Ms. Peterman admitted essentially she’d been taking money from the till and using that for family expenses.”
Peterman responded with a firm voice to questions from Moulton about her understanding of the plea agreement, but she said nothing else. Her attorney, Michael Chidester, said Peterman took his advice about her financial problems and wishes she had done so sooner.
“She’s truly remorseful for what has occurred,” Chidester told the judge.
As part of the plea agreement, Cooke agreed not to prosecute a charge that Peterman stole from Magistrate Court. Cooke told reporters she took money multiple times from each of the courts and typically tried to pay it back on payday. That’s not legal.
“Any time someone involved in public trust violates public trust, they’re going to do time,” Cooke said.
According to the indictment, the Probate Court theft occurred in February 2012.
Other terms of the agreement include paying back $12,717.62 to cover the costs of a forensic audit of Magistrate Court. A Probate Court audit was not performed.
Though now a convicted felon, Peterman also agreed not to seek or hold public office as part of the plea agreement.
She also had agreed not to seek a judicial office in a separate agreement with the Judicial Qualifications Commission.
Peterman resigned from the post Oct. 1. Richard Spencer was appointed by the circuit’s Superior Court judges and Gov. Nathan Deal to serve in the post. His appointment lasts until the next election in 2016.
Peterman and her husband, Mitchell, filed for bankruptcy Oct. 31. Their case file lists liabilities of about $48,000 and says the couple had $30 in their checking account with her being unemployed. The couple is scheduled to meet with creditors Dec. 4, two days before she is due to turn herself in to begin her prison sentence.
To contact writer Mike Stucka, call 744-4251.

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