Showing posts with label NH. Show all posts
Showing posts with label NH. Show all posts

Friday, April 17, 2015

Cop’s relationship with $2.7M beneficiary wasn’t investigated

Cop’s relationship with $2.7M beneficiary wasn’t investigated (NH)

PORTSMOUTH — When police officials received complaints four years ago about Sgt. Aaron Goodwin’s involvement with an elderly woman, who later left the officer most of her $2.7 million estate, the only person they interviewed was Goodwin.
That’s according to a deposition of police Capt. Frank Warchol, taken as part of a probate court dispute over the last will and trust for the late Geraldine Webber. Goodwin denies allegations in the county probate court that he exerted undue influence over Webber, while she had dementia, to inherit her wealth.
During Warchol’s March 2 deposition, he said he was assigned to assemble two police memos and a timeline written by Goodwin, into an investigatory format, then “sign off on it.” He said the assignment came from former police chief “Lou” Ferland and that he didn’t interview anyone other than Goodwin “under the specific guidelines of Chief Ferland.”
“It’s not how we normally do (redacted from the deposition transcript) but that’s how the chief decided he wanted to have it done at that time,” Warchol said.
The police captain said one complaint was made in late 2010 to former deputy chief Corey MacDonald and it alleged Goodwin “improperly conveyed his authority to obtain special privileges in the matter as it relates to Geraldine Webber.” Warchol elaborated that the complaining party (whose name is redacted from the deposition) alleged Goodwin accepted “some gifts” from Webber and also later made a “very vague” complaint to Ferland about Goodwin’s “behavior toward” the elderly woman.
Warchol said he met with Goodwin on Feb. 15, 2011, but wouldn’t characterize that meeting as an interview because he only asked Goodwin one question; if he had anything to add to a timeline he wrote for his supervisors. Goodwin’s timeline detailed his interactions with Webber, but did not include that Webber told him on Christmas Eve 2010 that she wanted to give him her house, a fact he disclosed during his own deposition.
Warchol said Goodwin told him he had nothing to add to the timeline which was ”cut and pasted” into his report that was endorsed by now-Chief Stephen DuBois. Also included in the report was a Jan. 17, 2011, memo by MacDonald which described Goodwin’s regular visits to Webber as “the type of community policing that we encourage our officers to engage in on a daily basis.”
MacDonald recently said that at that time, Goodwin “had received an old stuffed bunny and some toy cars as gifts for his children from Ms. Webber.”
“I did not feel these items were evidence of some greater scheme or bad conduct,” he said.
Warchol confirmed during his deposition last month that he checked a box on the report he assembled that indicated the original complaint against Goodwin was “not sustained.” He explained that meant “the information that we had was not enough to see that (Goodwin) was in violation of any of our SOPS” (standard operating procedures).
Warchol said he also concluded that Goodwin “extended his services that went beyond the average, everyday police officer which eventually turned into a personal friendship. This extension was in no way an effort to glean any type of reward, gratuity or furtherance of a personal financial gain…”
The police captain said that conclusion was based on information he had at the time and that it was not his job to investigate anything.
“My job was to take those memos and put them into the format and based on the memos that I had in front of me and the information read off of those memos is how I came to my conclusions on my insight and analysis,” he said.
Warchol also acknowledged that at that time, he “had no idea” Webber had told Goodwin she wanted to change her will to give Goodwin her house. He said he learned about Goodwin’s inheritance in February or March of 2011 from MacDonald.
“I do remember him saying something to the effect that Aaron was going to be left a house by some old woman,” he said.
Warchol said it wasn’t his job to add the information about the inheritance to the report he’d compiled about Goodwin and that he was never instructed to do so by Ferland or DuBois. He also said, “I was not assigned to investigate Aaron Goodwin.”
According to Warchol, he also added to the report some information obtained by Capt. Mike Schwartz, from the attorney general’s office, that said the AG would not be investigating the complaints against Goodwin because they did not involve a crime.
In a Feb. 2011 email, which is part of the probate court case, Schwartz wrote to Warchol, DuBois and MacDonald that, “At some point I suspect the department and our actions in this matter will be highly scrutinized.” To that end, Schwartz advised in the email, “we should format our documentation as an IA (internal investigation). If this matter looked the same as the four IAs before it and the four IAs that follow it, we look consistent, which is a big part of this.”
During his deposition, Warchol acknowledged that his report also contained allegations against Webber’s longtime lawyer, James Ritzo. He said he never investigated those allegations in an effort to substantiate them because that was not the focus of his job.
The probate case is scheduled to go to trial later this month and to coincide with the release of a report from an independent panel assigned to investigate the police department’s role in the matter.
Attribution:
Cop’s relationship with $2.7M beneficiary wasn’t investigated
Orders came from top, police captain says in deposition
Elizabeth Dinan
April 8, 2015
SeaCoastOnline.com
http://www.seacoastonline.com/article/20150408/NEWS/150409172/101098/NEWS

Friday, October 31, 2014

Special judge gets cop’s disputed inheritance case Sgt. Goodwin’s $2.7M inheritance to be reviewed by new court

Special judge gets cop’s disputed inheritance case Sgt. Goodwin’s $2.7M inheritance to be reviewed by new court (NH)

PORTSMOUTH — A legal dispute over a police officer’s $2.7 million inheritance has been transferred to the Strafford County Superior Court and Probate Judge Gary Cassavechia, who was recently charged with managing a special docket for the state’s most complex trust litigation cases.
By order of administrative Judge Edwin Kelly, Cassavechia will preside over the case involving the estate of the late Geraldine Webber, who changed her will months before she died to leave her waterfront home, stocks, bonds and a Cadillac to Portsmouth police Sgt. Aaron Goodwin. Webber’s last will and trust is being challenged by people and entities with diminished inheritances as a result of the bequest to Goodwin. Those entities include the Portsmouth police and fire departments.
Several lawyers allege in the probate court that Goodwin exerted undue influence over Webber, while she was impaired by dementia, to benefit from her last will and trust.
Cassavechia began presiding over the newly-established trust docket in January, when Judge David King, deputy administrative judge for the state’s circuit court system, said it was established to prevent backlog of routine estate cases, by designating complex cases to Cassavechia’s docket.
“The Circuit Court has been acutely aware of the need to make changes in response to the growing number of complicated trust cases that we are seeing in the probate division,” said King, when announcing the new docket last December. “As a result, we are instituting a new trust docket which will allow the court system to identify early on those cases where significant assets are at stake and that are most likely to result in prolonged litigation, with extensive discovery and a lengthy trial.”
According to the state judicial system, Cassavechia’s experience included presiding over the well-known Tamposi trust case that lasted several years, “in addition to many other complex trust and estate matters.” According to King’s announcement, Cassacechia “is widely respected by the probate bench and bar for his keen knowledge of the law and his ability to manage complex litigation with a multitude of issues and parties”.
The trust docket came in response to the legislature passing the Trust Modernization Act in 2011 which, according to the state judiciary department, “by design, attempts to make New Hampshire the most trust-friendly state in the country.”
Attribution:
Special judge gets cop’s disputed inheritance case Sgt. Goodwin’s $2.7M inheritance to be reviewed by new court
Elizabeth Dinan
October 3, 2014
SeaCoastOnline.com
http://www.seacoastonline.com/article/20141003/NEWS/141009658/101141/NEWS#sthash.UGKVWwZ1.dpuf
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Saturday, September 20, 2014

Retired judge to investigate police officer’s $2.7M inheritance (NH)

Retired judge to investigate police officer’s $2.7M inheritance (NH)

PORTSMOUTH — Retired Judge Stephen Roberts was selected by the city’s Police Commission on Thursday to lead an investigation into a police officer’s disputed $2.7 million inheritance.
The investigation involves a 2012 will and trust for the late Geraldine Webber, who left police Sgt. Aaron Goodwin the majority of her estate including her riverfront home, stocks, bonds and a Cadillac. Multiple parties allege in the county probate court that Goodwin exerted undue influence over Webber, while she was impaired by dementia, to inherit her vast estate.
Roberts works at the Portsmouth law firm of Hoefle, Phoenix, Gromley & Roberts and from 1989 to 2011, served as a special justice with the Somersworth and Dover District Courts. From 2003 to 2011, he was one of two judges appointed to the Police Standards & Training Council. He also served on a committee established by the attorney general’s office to investigate the shootings of four Drug Task Force officers and the shooting death of Greenland Police Chief Michael Maloney.
Police Commission Chairman John Golumb said the investigation will not replace or interfere with a separate investigation being litigated in the county probate court.
Roberts accepted the appointment and said he expects to select two other members of the community to serve on the investigatory panel within two weeks. Roberts is also charged by the commission with exploring the possibility of including “a professional management group to assist with the investigation,” Golumb said.
“While the scope of the work will be determined once this group is put together, globally their task will be to determine the facts and circumstances surrounding the relationship between Aaron Goodwin, Geraldine Webber and the Police Department and produce a final report suitable for distribution to the public,” the commission announced.
Roberts said he created an email account for the sole purpose of collecting information about the case and that he’s the only one with the password. It is not affiliated with the city of Portsmouth in any way, Roberts said.
The email address is webbergoodwininvestigation@gmail.com.
Webber’s 2009 will was written by Portsmouth attorney James Ritzo and did not name Goodwin as a beneficiary. Hampton attorney Gary Holmes wrote the 2012 will and trust that is being contested.
Depositions of lawyers who declined to rewrite Webber’s estate plans, of her banker and her accountant suggest she had dementia at the time she transferred everything to Goodwin, while she told people she loved him. She was in her 90s and he was in his 30s at the time, according to court records.
Rockingham County Probate Judge Mark Weaver has set an Oct. 15 deadline for parties objecting to her 2012 will and trust to file with the court a list of expert witnesses expected to be called during trial. The trial, expected to last five or more days, will commence after Feb. 1, according to court records.
Webber’s physician, Dr. Ira Schwartz, was scheduled to be deposed Thursday afternoon.
In a Feb. 17, 2014, deposition of attorney David Mulhern, who declined to change Webber’s will, Mulhern said he was contacted by Goodwin about changing Webber’s will and as part of an initial investigation, he called Schwartz to inquire about her competency. In response, Mulhern said, he received the following voicemail from Schwartz:
“I cannot attest to her competency. I can give you more details why, plus other information you may find relevant. There is no way in the world I am going to be able to say this eccentric woman is competent.”
Attribution:
Retired judge to investigate police officer’s $2.7M inheritance
Elizabeth Dinan
September 4, 2014
SeaCoastOnline.com
http://www.seacoastonline.com/articles/20140904-NEWS-140909883