Sisters Charged With Murdering Their Father

Sisters charged with murdering their father after one confesses to their shared lover

Authorities said their boyfriend recorded one of the sisters saying they suffocated Anthony Tomaselli, 85, to death because he did not want to go into assisted living.

By Minyvonne Burke

Two sisters in Florida almost got away with the "perfect murder" of their elderly father until one of them confessed to the man they were both romantically involved with, authorities said.

Linda Roberts and Mary-Beth Tomaselli were arrested Tuesday and charged with first-degree murder, four years after their father, Anthony Tomaselli, 85, died in their Palm Harbor home.

Detectives began investigating Anthony Tomaselli's death as a homicide last month after a man dating both sisters called the sheriff's department and said Roberts, 62, had confessed to him that she and Mary-Beth Tomaselli, 63, "euthanized" their father because he was ill and would not go into an assisted living facility.

Sisters Charged

Hidden Camera Shows How WWII Veteran Died After Calling for Help, Gasping for Air

ATLANTA — A decorated World War II veteran died gasping for breath while staff at his nursing home laughed in front of him, according to hidden camera video revealed in a lawsuit against the facility.

James Dempsey, 89, of Woodstock, Ga., called for help six times Feb. 27, 2014, before becoming unconscious while gasping for air, according to the video, released to WXIA-TV after lawyers representing Northeast Atlanta Health and Rehabilitation were unsuccessful in asking a DeKalb County judge to keep the material sealed.

Dempsey's survivors include two sons and two grandchildren. Family members had installed the camera in Dempsey's room before his death, and because of nursing home officials' actions after his death, it is clear that his family would not have known what happened without their own surveillance. 

The nursing home's lawyers attempted, then withdrew, an appeal to the Georgia State Supreme Court to keep the video under wraps.

VETERAN DIED CALLING FOR HELP

HIDDEN CAMERA

Dementia Patient Repeatedly Punched by Medical Worker

The family of an 89-year-old dementia patient has released horrifying video that shows the man being punched repeatedly by a nursing home employee.

“It was gut-wrenching,” the man’s grandson, Daniel Nassrallah, told InsideEdition.com Wednesday. “Literally, my legs collapsed” after viewing the footage, he said.

Relatives of Georges Karam installed a video camera in his room at the Garry J. Armstrong long-term care center in Ottawa, Canada, after the elderly man suffered numerous, unexplained injuries, they said.

Nassrallah said the facility “never really gave us an answer” about the bruises and cuts they found on Karam’s body, so with the center’s permission, a baseball-sized camera was installed on the wall facing the man's bed in February, said Nassrallah, an attorney. The staff was told about the device, he said.

A few weeks later, Nassrallah said, he and his wife were watching the footage from his grandfather’s room when they saw a caregiver enter, and act aggressively. “He threw him around the bed,” Nassrallah said.

“My grandfather started to flail and tried to bat him away,” he said. “Then he started punching my grandfather in the head.”

The video shows the employee, Jie Xiao, hitting the man 11 times. Nassrallah said his grandfather is non-verbal and confined to a wheelchair.

Read more: 89-Year-Old Dementia Patient Repeatedly Punched

Elder Abuse continues...

The lawsuit in Ventura County Superior Court alleges the hospital didn't notify Mandelman's family of his fall. 

http://www.vcstar.com/story/news/local/2017/05/21/elder-abuse-suit-filed-against-to-hospital/101885976/

Napa care facility sued for elder abuse, negligence following patient’s death

The lawsuit alleges that the staff at Napa Valley Care Center on Villa Lane did not provide necessary care to Caroline Johnson, an 82-year-old patient who was at the facility for nine days before having a stroke and falling into a coma. 

http://napavalleyregister.com/news/local/napa-care-facility-sued-for-elder-abuse-negligence-following-patient/article_4d6cf544-e17f-52ba-a1be-a3699ec855cf.html

Jury finds couple guilty in elder abuse case

A Bluefield, Va. husband and wife face decades in prison after a Mercer County jury found them guilty Friday of charges including abuse and neglect of an incapacitated adult.

The trial of Monty Bone, 58, and his wife Sonja Bone, 51, both of Bluefield, Va. started Tuesday before Circuit Court Judge William Sadler. Both the husband and wife were charged with felony abuse of an incapacitated adult, felony neglect of incapacitated adult malicious assault and conspiracy. The case started on July 17, 2015 when Detective K.L. Adams of the Bluefield Police Department was contacted by physicians at Bluefield Regional Medical Center about a Bluefield woman, 87-year-old Nancy Bone, who was brought to the hospital on July 11, 2015. Physicians said she showed signs of abuse.

Adams described in his case report how physicians told him that Nancy Bone was extremely dehydrated with low sodium levels and had severe bed sores on her right hip and shoulder along with bruises on her right ear and face; the injuries would have occurred if she had been lying on her right side "for a prolonged period of time such as days." Physicians also said she had some broken ribs in different stages of healing.

http://www.bdtonline.com/news/jury-finds-couple-guilty-in-elder-abuse-case/article_3e03cc38-3ce4-11e7-a2ef-9b666b57c4d1.html

Elder abuse victims suffering in silence

The Commission on Aging says one in 10 people over the age of 50 is the victim of abuse, and half of all men and women suffering from dementia are abused. The abuse can happen in a senior living facility, but the Nampa Family Justice Center says most times, family members are the perpetrators. 

"People don't want to think about it," said Lana McCullough, senior resource coordinator at the justice center.

McCullough says elder abuse can happen in the form of domestic violence, neglect, financial exploitation or any another form abuse.

"I was a wreck," said Barbara Ann Hoffman-Valdetero, who was a victim of elder abuse. "I know it wasn't good."

Hoffman-Valdetero was a victim of emotional and financial abuse by her partner for many years, until she says it got physical and her teeth were knocked out.

"I called the police scared to death behind a closed door in my home," she said.

Dee Bingman's story is much different. Her parents were victimized by her brother.

"My mom called and said 'help me, I'm locked in and nobody is here. I'm afraid'," said Bingman.

After her mother passed away, Bingman says her dad was the sole victim.

"I think he really didn't want to admit it was his own son doing the things..."

http://www.ktvb.com/news/local/elder-abuse-victims-suffering-in-silence/439651264

Elder Abuse – Often the Kin Did It: Feds to Collect Data.

What kind of people cheat and financially abuse incapacitated older folks?

Sons, daughters, nieces, nephews and lawyers – people who act as guardians for their relatives and clients.

What can the federal government do about it?

Currently not much, because elder abuse generally is considered a state and local problem. But at least the federal government can help with the important step of defining the problem. The Department of Health and Human Services (HHS) plans to soon launch a data collection program that will assist experts combating elderly exploitation.

“Unfortunately, the extent of elder abuse by guardians is relatively unknown to us due to the limited data that we have available,” Sen. Claire McCaskill (D-Mo.) said at a Senate Special Committee on Aging hearing last week.

The title of the hearing gets to the point — “Trust Betrayed: Financial Abuse of Older Americans by Guardians and Others in Power.”

“The amount of money lost through exploitation of elders is staggering and growing,” said Cathy “Cate” Boyko, Minnesota judicial branch conservator account auditing program manager. She cited a 2015 study indicating the estimated national annual financial loss at $36.5 billion. 

Read the article: Here

Data collection is key, yet it seems far removed from the day-to-day suffering of seniors who can’t help themselves. Consider these stories from hearing testimony:

• “An 82-year-old WW II veteran had suffered two strokes and was confined to a wheelchair and homebound. After his wife passed away, he needed help so he bought a mobile home and asked his daughter to move in with him. He also named his daughter agent under a POA [power of attorney] and added her to the title of the home and his bank accounts. The daughter systematically isolated her father and took complete control over his money …” said Jaye Martin, executive director of Maine’s Legal Services for the Elderly. “When he sought help he believed he had $20,000 in savings, but only $15 remained in his accounts. Bank records revealed that his daughter had taken his money for her personal use, opened and charged thousands on credit cards in his name, and purchased a new car using her POA authority to add him as a co-signer.”
• A niece caring for her 83-year-old aunt in Virginia used the elderly woman’s money for the younger woman’s personal expenses, “including an $11,645 pickup truck for a friend and $360 at a sunglasses retailer in Tennessee,” said Kathryn A. Larin, GAO’s forensic audits and investigative service acting director. The niece was ordered to pay more than $32,000 in restitution and sentenced to 12 months in prison.
• Citing another criminal complaint in Virginia, Larin said a legal assistant to a lawyer acting as a professional guardian stole more than $100,000 from an elder’s bank account to support a drug habit. The lawyer discovered the thefts, but allowed it to continue because he had a “personal relationship” with his assistant. After the thefts were discovered, the lawyer “pleaded guilty to misprision of a felony, agreed to repay the stolen funds, and in 2015 consented to the revocation of his law license,” according to Larin.

In the past year, Martin said 48 percent of the elder-abuse cases handled by her organization involved financial exploitation, “with 75 percent of those involving family members as the perpetrators.

Nurse pleads guilty to elder abuse; Gentrification evictions amount to elder abuse; Caretaker nearly kills man

Katherine Blevins Lenoir, 53, of Maplesville, pleaded guilty today to one count of reckless abuse of a protected person, according to an attorney general's statement. The hearing was held before Circuit Judge Ben A. Fuller.

Lenoir is a former employee of Don Hatley Healthcare and Rehabilitation of Clanton. A licensed practical nurse, Lenoir admitted she inadvertently administered a large dose of a narcotic pain medication to a resident of the facility instead of the requested cough medicine, according to the statement.

Instead of alerting the facility to her mistake, Lenoir manipulated treatment records to reflect that she had given the correct medication, according to the AG's statement. The patient, suffering from an overdose of the narcotic pain medication, was discovered by a nurse on a later shift and rushed to the hospital where she spent several days in the intensive care unit before being released, according to the statement.

http://www.al.com/news/birmingham/index.ssf/2016/03/alabama_nurse_pleads_guilty_to.html


Evictions in the Bay Area, where the cost of living has skyrocketed in recent years, appear to have taken a fatal turn.

The death of a 97-year-old woman in Burlingame on March 3 was widely reported by local and international news agencies, with quotes from friends and supporters of Marie Hatch claiming she was “done in” by the stress of being evicted from her home of 66 years.

But what many reports missed, according to a local housing activist, is that Hatch was only the latest Peninsula senior resident who died shortly after being hit with eviction notices or staggering rent increases.

Hatch lived with her friend Georgia Rothrock, 85, in a modest, brown-and-white cottage at the corner of California Drive and Oak Grove Avenue. Despite the home’s location on a noisy thoroughfare, next to a busy auto mechanic’s shop, real estate website Zillow pegs the dwelling’s value at $1.2 million.

Lawyer Nanci Nishimura, who represented Hatch on a pro bono basis, said she will continue to fight the eviction on Rothrock’s behalf. Nishimura’s firm, Cotchett, Pitre, & McCarthy, LLP, is suing landlord David Kantz.

http://www.sfexaminer.com/gentrification-evictions-amount-elder-abuse/


An elderly Arvada man hired a caretaker from jail, who proceeded to swindle him for $20,000 dollars and almost killed him, by pushing him down the stairs of his home and stomping on his head.

In November, Jana Bergman was sentenced to 208 years in prison for attacking 88-year-old Jack Woods.

While Woods’ story is horrific, it’s not unusual or rare.

http://www.9news.com/news/crime/elder-abuse-caretaker-nearly-kills-man/67953180

Viral video spurs debate on elder abuse in India

A CCTV video of a woman beating her elderly mother-in-law has raised the issue of elder abuse and elder care in a culture where a wife is meant to care for her husband and in-laws into old age.

Security footage recorded early this year in a home in northern India shows an elderly woman being violently beaten by her daughter-in-law, Sangeeta Jain. The video (below) now has almost six millions of views on Facebook and YouTube. Be warned that the video contains graphic content.

Read more: Viral Video

Has been to prison before for a similar crime

A man accused of kidnapping and repeatedly beating a woman is now in custody, thanks to a high-tech camera.

FRESNO, Calif. (KFSN) -- Suspect arrested in Coalinga on charges of kidnapping and repeatedly beating a 71-year-old woman has been to prison before for a similar crime.

Deputies say the suspect attacked a 71-year old woman in his car before he left her tied-up inside her home.

http://abc30.com/news/man-arrested-near-coalinga-on-elder-abuse-kidnapping-charges/1142916/

Pair Sentenced in Elder Abuse Case, 20 years

"Wiggins and Nesmith deprived Wiggins’s mother, 68-year-old Caroline Louise Thomas, of food and water and withheld her necessary medications, evidence showed.

Wiggins and Nesmith also removed the window air-conditioning unit and boarded up the windows to the room where Thomas spent most of her time, evidence showed.

In addition, they routinely spent Thomas’s Social Security checks which were electronically deposited into her bank account. The defendants immediately drained the account by withdrawing large sums in cash, evidence showed."

Read the entire article: Pair Sentenced in Elder Abuse Case

Let's Review Mr. Thelsey L. Fuller's Pressure Ulcers

http://benamarine.blogspot.com/2012/08/lets-review-pressure-ulcers.html

"FOLLOW THE $$$$$!"

http://benamarine.blogspot.com/2012/08/follow-money.html

Highlighted on this blog, Mr. Fuller was 92-years-old. 

How are his abusers still able to thumb their noses at the Courts? 

"Turn over all Trust assets" - which they have refused to perform.

The abusers have yet to be charged with anything???

BP099211 - Probate Notes 01/23/2014

Case Number:  BP099211
FULLER, EDWINA - CONSERVATORSHIP

Probate Notes

Department    LA    11     Court Convened at:    08:30 AM    01/23/2014

Honorable Michael I. Levanas 

S.L. Williams , Deputy County Clerk     , Deputy Sheriff 

C. Peters, CSR 5667 , Reporter

BP099211       1014     FULLER, EDWINA - CONSERVATORSHIP     

Conservatorship-Pers  

FINAL REPORT, FEES & DISTRIBUTION

Petitioner(s): Fuller, Steven A.  

Attorney(s): Randall, Teddie J., Esq.  

Continuance Number: 1     Continuance From: Monday, December 2, 2013

Last Date Changed: Wednesday, January 15, 2014 03:49 PM

Last Note Changed By: MGUAYANT

To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 4.4(b) of LASC Rules. You may contact the Probate Attorney whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available in Rm 258 and on the Court's web site at www.LASuperiorCourt.org.

PETN FILED 1/2/13

REVIEWED FROM PETN & IMAGED FILE ONLY

PRIOR ORDERS: Cont to 1/23/14 @ 8:30 a.m. Cont to 12/2/13 (S. Burrell's petn for fees to be filed by 11/1/13 & set on 12/2/13). Cont to 7/16/13 ; 6/27/13 (to clear notes; petn for fees to be filed by 5/31/13 and set for hrg on 6/27/13)

SUMMARY:

Petnr is consr P&E

2nd & final - acct period 9/1/09 - 5/31/12 (per supp)

ntc rels ok

supp filed 7/15/13

beginning balance: 85,000 (r/p)

ending balance: 85,145.29 (per supp; 145.29 cash)

OTHER CASE: BP135381 (consee's probate; petnr Steven is pers rep; ltrs 3/8/13)

FACTS: Consee died on 8/29/11. Petnr alleges there is an outstanding jgmt payable to the consee in the sum of $117,000. Petnr alleges the pers rep of the consee's estate will attempt to collect the jgmt.

Per supp, petnr made monthly pymts of $500 to himself for utilities due to 24-hr oxygen, air mattress, cable tv & other maintenance, med pads, incontinent diapers, care giver expenses, care of consee's dog.

MATTERS TO CLEAR:

C. No allegation re names and addresses of persons requesting spec ntc - supp required

G. Fee request must comply with CRC 7.752, 7.756, 7.702; provide itemized stmt - supp required

NEW AFTER REVIEW OF SUPP:

J. Explain "Direct Deposit Advance" entries in the receipts schedule - supp required

K. Need name of payee and purpose of deposits on pg 13 of receipts schedule - supp required

L. No purpose stated for several withdrawals - supp required

M. There are several disbursements w/out any payee or purpose stated - supp required

N. Explain the partial rent payments made to petnr, payment for advance funds, finance charges - supp required

O. Petnr's reimb request includes 5,000 pd to atty Anderson, 5,000 pd to atty Burrell, 5,000 pd to atty Barrington. If petnr is requesting reimb for these expenses, need fee decs from each atty, addressing factors in CRC 7.702 and see CRC 7.752

P. Ntc bond company deemed requirede

*******************************

OBJECTIONS FILED 4/2/13

OBJECTORS: Robert Fuller and Doris Fuller

REPRESENTED BY: Marshal A. Oldman

SUMMARY:

Objrs are children

prf of svc ok

ARGUMENT: Objrs contend schedule C of the acct is incomplete (no details of 16,319.50 in disbursements); fee request is not complete; expenses are unreasonable; no acct of the 500/mo allowance.

*******************************

RELIEF:

1. JTD consr fees, 10,000 (836.5 hrs at 12/hr)

2. JTD acct. COMMENT: The acct is incomplete and vague in many aspects.

3. JTD reimb petnr 26,400. COMMENT: Exh 2 attached to supp provides a total of 16,300 (1,300 filing fee reimb & 15,000 atty retainer reimb). As to atty retainer, see note O; balance of the 26,400 s/b DWOP as there is no justification provided.

4. JTD exoneration of bond

o/w atty fees 2,500.00 (allowed) ok

PA COMMENTS: See Prior Orders and remaining notes; ultimately all matters to mediation and/or evidentiary hrg.

mguayante@lasuperiorcourt.org

MG(4/12/13)(7/10)(11/21)(1/15/14)

RECOMMENDED DISPOSITION:

RELATED ITEMS: 1015-1017

Order to be Prepared By     Clerk:     Attorney:

Department    LA    11     Court Convened at:    08:30 AM    01/23/2014

Honorable Michael I. Levanas 

S.L. Williams , Deputy County Clerk     , Deputy Sheriff 

C. Peters, CSR 5667 , Reporter

BP099211       1015     FULLER, EDWINA - CONSERVATORSHIP     

Conservatorship-Pers  

FINAL REPORT, FEES & DISTRIBUTION

Petitioner(s): Fuller, Steven A.  

Attorney(s): Randall, Teddie J., Esq.  

Continuance Number: 4     Continuance From: Monday, December 2, 2013

Last Date Changed: Wednesday, January 15, 2014 03:50 PM

Last Note Changed By: MGUAYANT

To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 4.4(b) of LASC Rules. You may contact the Probate Attorney whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available in Rm 258 and on the Court's web site at www.LASuperiorCourt.org.

PETN FILED 7/15/13

PRIOR ORDERS: Cont to 1/23/14 (Counsel informs the court that there is an appeal pending; the outcome will affect all legal fees).

SUMMARY:

Petnr is consr P&E

post-death acct - acct period 6/2/12 (d/d) - 7/1/13

ntc rels ok

beginning balance: 85,145.29

ending balance: 85,145.29 (145.29 cash)

OTHER CASE: BP135381 (consee's probate; petnr Steven is pers rep)

FACTS: There is no activity during this acct period.

MATTERS TO CLEAR:

A. No ntc

B. No allegation re names and addresses of persons requesting spec ntc - supp required

C. Ntc bond company deemed required

D. Petnr alleged in his acct filed 1/2/13 the consee died on 8/29/11. Petnr alleges 6/2/12 as d/d in the w/in acct. When did the consee die? - supp required

E. Why isn't the outstanding judgment (117,000) included in the property on hand schedule? - supp required

F. Need atty fee dec addressing factors in CRC Rule 7.702

RELIEF:

1. JTD add'l atty fees, 8,000

2. JTD acct

3. JTD exoneration of bond

o/w atty fees 2,500.00 (allowed), dist of balance to pers rep ok

PA COMMENTS: defer pending clearing of notes

mguayante@lasuperiorcourt.org

MG(11/21/13)(1/15/14)

RECOMMENDED DISPOSITION:

RELATED ITEMS: 1014, 1016-1017

Order to be Prepared By     Clerk:     Attorney:

Department    LA    11     Court Convened at:    08:30 AM    01/23/2014

Honorable Michael I. Levanas 

S.L. Williams , Deputy County Clerk     , Deputy Sheriff 

C. Peters, CSR 5667 , Reporter

BP099211       1016     FULLER, EDWINA - CONSERVATORSHIP     

Conservatorship-Pers  

ALLOWANCE OF FEES

Petitioner(s): Fuller, Steven A.  

Attorney(s): Burrell, Sybil Yvonne, Esq.  

Continuance Number: 1     Continuance From: Monday, December 2, 2013

Last Date Changed: Wednesday, January 15, 2014 03:51 PM

Last Note Changed By: MGUAYANT

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available on the Court's web site at www.LASuperiorCourt.org.

PETN FILED 11/1/13

PRIOR ORDERS: Cont to 1/23/14

SUMMARY:

Petnr is former atty for consr

ntc/copy rels, attys ok

SUPP filed 11/26/13

OTHER CASE: BP122665 (spouse, Thelsey Fuller's, probate); BP135381 (consee's probate)

FACTS: Petnr alleges on or about 10/22/10, petnr retained to prosecute consee's claims of interest in her deceased husband's estate. PER SUPP, consrship received 107,692.30 jgmt in its favor.

MATTERS TO CLEAR:

NEW AFTER REVIEW OF SUPP:

D. Supp alleges 147.25 hrs, including payment for paralegal services. Need paralegal dec, addressing factors in CRC 7.703(e). Provide number of atty hrs and number of paralegal hrs as well as paralegal rate

RELIEF:

1. JTD atty fees, 48,950 (per supp) for 147.25 atty & paralegal hrs.

PA COMMENTS: defer pending clearing of notes

mguayante@lasuperiorcourt.org

MG(11/21/13)(1/15/14)

RECOMMENDED DISPOSITION:

RELATED ITEMS: 1014-1015, 1017

Order to be Prepared By     Clerk:     Attorney:

Department    LA    11     Court Convened at:    08:30 AM    01/23/2014

Honorable Michael I. Levanas 

S.L. Williams , Deputy County Clerk     , Deputy Sheriff 

C. Peters, CSR 5667 , Reporter

BP099211       1017     FULLER, EDWINA - CONSERVATORSHIP     

Conservatorship-Pers  

ALLOWANCE OF FEES

Petitioner(s):  

Attorney(s): Anderson, Sandra Jones, Attorney a   IN PRO PER

Continuance Number: 3     Continuance From: Monday, December 2, 2013

Last Date Changed: Wednesday, January 15, 2014 03:51 PM

Last Note Changed By: MGUAYANT

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available on the Court's web site at www.LASuperiorCourt.org.

PETN FILED 5/31/13

REVIEWED FROM PETN & IMAGED FILE ONLY

PRIOR ORDERS: Cont to 12/2/13. Cont to 7/16/13

SUMMARY:

Petnr is former atty for consr

FACTS: Petnr began representing former consr, Steven Fuller, on 5/26/06. Services include defending the first acct covering the period 6/1/06 - 10/29/09; issue relating to Prob C 850 petn; work on second acct through (2nd acct filed by consr's current atty; petnr alleges she had not signed a Sub of Atty any time prior to the 2nd acct having been filed). Fees requested cover the period 10/30/09 - 6/15/11 (49.3 hrs at 300/hr).

Categories of services performed:

a. Prep of 1st acct, five supps thereto, responding to objections (8.5 hrs)

b. Two orders on 1st acct (3.9 hrs)

c. Hearings, responses to objections on requests to obtain personnel records of Thelsey Fuller in connection w/consee's c/p interest in Thelsey's retirement benefits (20.8 hrs)

d. Ex parte hearing to secure trial counsel (4.5 hrs)

e. Meetings, correspondence and telephone conferences w/PVP atty (4.6 hrs)

f. Telephone conferences w/clt and siblings (4 hrs)

g. Direction, prep of 2nd acct (1.2 hrs)

h. General matters and misc (1.8 hrs)

MATTERS TO CLEAR:

A. Has petnr included her services re the Prob C 850 petn in any of the above categories (a - h)? If yes, which category and how much time spent? What was the result of the 850 petn? - supp required

B. Provide itemized statement - supp required

**************************************************

OBJECTIONS FILED 6/26/13

OBJECTOR: Steven Fuller

ATTORNEY: Teddie J. Randall

SUMMARY:

Objr is consr

MATTER TO CLEAR:

A. no prf of svc

ARGUMENT: contends request does not comply w/CRC 7.702; description fails to set forth specific tasks performed, making it impossible to determine the reasonableness of fee requested; contends request is excessive.

**************************************************

OBJECTIONS FILED BY ROBERT FULLER AND DORIS FULLER

FILED 7/12/13

ATTY FOR OBJECTORS OLDMAN, COOLEY AND SALLUS

svd 7/11/12

alleges insufficient detail re requested fees

RELIEF:

1. JTD approve the petition for Attorney Fees for services to the Conservatorship by Sandra Jones Anderson and allow attorney fees in the amount of $14,790.00.

2. JTD approve the petition for reimbursement of $161.00 in costs advanced by the attorney Sandra Jones Anderson.

3. JTD approve the recording of an additional lien for $14,790.00 for attorney fees and $161.00 for costs advanced against the real property in the estate of Edwina Fuller commonly known as 1916 Belhaven Avenue, Los Angeles, CA 90059 and legally described as Tract No 12999, Lot 79, APN 6134-030-040. Said liens are to be in addition to the two liens recorded on June 21, 2011 as Document No. 20110837469 and Document No. 20110837470 for a total outstanding indebtedness of $56,320.00 due and payable to Sandra Jones Anderson for services to the Conservatorship.

4. JTD allow interest to accrue at the rate of seven percent (7%) per annum from the date of the Orders

until paid.

5. JTD OBJECTIONS: fees be denied or denied in part

6 JTD OBJECTIONS filed 7/12/13 by Robert Fuller and Doris Fuller (ss)

PA COMMENTS: See Prior Orders and remaining notes

mguayante@lasuperiorcourt.org

MG(6/21/13)(7/10)(11/21)(1/15/14)

RECOMMENDED DISPOSITION:

RELATED ITEMS: 1014-1016

Order to be Prepared By     Clerk:     Attorney:

These don't stay up long, here:
http://www.lasuperiorcourt.org/probatenotes/

Many thanks to the abusers and their attorney for fucking off everything that Thelsey & Edwina worked all of their lives to accomplish and acquire.

The attorneys are the ones that prosper from it.

Ex-insurance agent charged with financial elder abuse

California Insurance Commissioner has juice

A former insurance agent has been charged with financial elder abuse for allegedly forging his aunt's signature to make withdrawals from a life insurance policy he sold to her, California Insurance Commissioner Dave Jones said.

Myles Seishin Hanashiro, 47, was arrested on four felony counts of financial elder abuse.

"Insurance agents who prey on elders are particularly loathsome," Jones said. "Violating their fiduciary trust and responsibility by taking advantage of vulnerable seniors is simply unforgivable and I will continue use every tool at my department’s disposal to pursue and bring to justice criminals who prey on seniors."

Read more:
http://www.latimes.com/business/money/la-fi-mo-former-insurance-agent-charged-with-financial-elder-abuse-20131126,0,3841101.story#axzz2m1uvjYwe

Siblings Robert L. Fuller & Doris A. Fuller AKA Doris Fuller Stewart AKA Ijnanya Fuller [Atty. Daniel K. Lak] were found to have committed fraud, undue influence and financial elder abuse and against Mr. Thelsey L. Fuller in Los Angeles County Superior Court [BP 099211, BP 122665].

After isolating Mr. Fuller from all other family members and draining his life savings, the pair placed the fragile 92-year-old man in a convalescent hospital against his will where they abandon him to die alone and broke.

In excess of $308,000.00 was stolen by the pair.

All authorities were notified, no criminal charges will be filed.

See also:
Ex-Insurance Agent Accused Of Stealing $110K From Aunt’s Policy

Australian Woman's Death Reveals Horrors of Elder Abuse

By the time the ambulance showed up to the house, the old woman's screams were, as the paramedics would later tell it, already at a 10 out of 10.

On a bed in the foyer lay 88-year-old Cynthia Thoresen, her eyes screwed up in agony, her fists clenched, with a broken leg that had sat untended for weeks. Feces caked her body, from her arms down to her feet, filling the crevices between her toes and under her fingernails.

The fact that Cynthia even lived in the house was a surprise to most of the neighbors. None had ever seen her. None had any idea she'd spent her final days in hellish pain after a fall. None knew that her daughter and caretaker, Marguerite Thoresen, had waited at least three weeks before calling for help, or that the help would come far too late.

In the end, Cynthia Thoresen joined a large and growing cohort of elderly people across the world who live — and increasingly die — in silence. They are unseen and unheard, left to fend for themselves against a problem society has barely begun to notice, let alone fix: elder abuse.

This type of abuse, which in many cases includes neglect, is still so hidden that it is hard to quantify. But the broad picture gleaned from hundreds of interviews and dozens of studies reviewed by The Associated Press is clear: Tens of millions of elders have become victims, trapped between governments and families, neither of which have figured out how to protect or provide for them.

Learn more: USA Today

Justice Delayed is Justice Denied

The abusers appeal alone, noted below has taken more than 18 months as of this posting.  It has also been dismissed twice and then reinstated:

2nd District Court of Appeal

http://www.courts.ca.gov/2dca.htm

Docket (Register of Actions)

Conservatorship of Edwina Fuller v. Fuller et al. Division 8 Case Number B241450 Date Description Notes 05/29/2012 Notice of appeal lodged/received.     noa 5/25/12 Robert Fuller 05/29/2012 Notice of appeal lodged/received.     noa 5/25/12 Doris Fuller 06/01/2012 Filing fee.     check # 3175 noa 5/25/12 Robert Fuller 06/01/2012 Order waiving filing fee.     5/31/12 SCLA - as to Doris Fuller. 06/13/2012 Default letter sent; no case information statement filed.     noa 5/25/12 Doris Fuller 06/13/2012 Default letter sent; no case information statement filed.     noa 5/25/12 Robert Fuller 06/27/2012 Civil case information statement filed.     Doris Fuller 06/27/2012 Civil case information statement filed.     Robert Fuller 08/02/2012 Default re: 8.130(b) rptrs fees not deposited rcvd. dtd.     LASC notice dated June 12, 2012. RT fee were due June 27, 2012-Doris Fuller 08/02/2012 Default re: 8.130(b) rptrs fees not deposited rcvd. dtd.     LASC notice dated June 12, 2012. RT fee were due June 27, 2012-Robert Fuller 08/24/2012 Appeal dismissed per rule 8.140(b).     ROBERT FULLER 08/24/2012 Appeal dismissed per rule 8.140(b).     DORIS FULLER 09/10/2012 Motion filed.     Motion for Reinstatement Parties: Robert Fuller and Doris Fuller Attorney: Daniel Lak 09/24/2012 Order filed.     Good cause appearing, the Appellants' (Robert Fuller and Doris Fuller) motion for relief from default filed September 10, 2012, for the appeal dated May 25, 2012, is hereby granted on condition that Appellants', within 10 days, pay any fees for Clerk's Transcript with the clerk of the superior court, pursuant to rule(s) 8.122, 8.124 or 8.130, California Rules of Court. Appellants' Clerk's Transcript fees shall be paid directly in the Civil Appeals Unit of the Los Angeles Superior Court at 111 N. Hill Street, Room 111A, Los Angeles, California 90012. 10/19/2012 Follow-up on civil record preparation due.     Appellants Fees paid in SCLA; Reporter's to be noticed. 11/30/2012 Filed letter from:     respondent Sandra Arnold dated 11/21/2012 re: requesting consolidation of appeals B241450 & B241452 12/11/2012 Note:     notice of non compliance sent to appellant re: consolidation of appeals 12/24/2012 Substitution of attorneys filed for:     Appellants Counsel Daniel Lak subs out as attorney of record. Paul Kujawsky subs in as attorney of record for appellants. 01/03/2013 Record on appeal filed.     1-Clerk's ( 31 pgs); 1-Reporter's (64 pgs) 01/10/2013 Record imaged.     to ricoh 01/16/2013 Record imaged.     from ricoh 01/23/2013 Motion/application to augment record filed.      01/17/2013 Motion filed.     respondent's to consolidate appeals B241450 with B241452 01/24/2013 Filed document entitled:     Appellant's non-opposition to motion to consolidate 05/29/2012 Notice of appeal lodged/received.     noa 5/25/12 Robert Fuller FROM B241452 05/29/2012 Notice of appeal lodged/received.     noa 5/25/12 Doris Fuller FROM B241452 06/01/2012 Filing fee.     check # 3177 Party: Robert Fuller FROM B241452 06/01/2012 Order waiving filing fee.     Doris Fuller - dated 5/31/12 SCLA. FROM B241452 06/13/2012 Default letter sent; no case information statement filed.     noa 5/25/12 Robert Fuller FROM B241452 06/13/2012 Default letter sent; no case information statement filed.     noa 5/25/12 Doris Fuller FROM B241452 06/27/2012 Civil case information statement filed.     Robert Fuller FROM B241452 06/27/2012 Civil case information statement filed.     Doris Fuller FROM B241452 10/05/2012 Record on appeal filed.     C-1, R-1 FROM B241452 11/16/2012 Appellant notified re failure to timely file opening brief.     US mail to aplt counsel, email to response counsel FROM B241452 11/30/2012 Filed letter from:     respondent Sandra Arnold dated 11/21/2012 re: requesting consolidation of appeals B241450 & B241452 FROM B241452 12/14/2012 Appeal dismissed for failure to file opening brief. Defendant and Appellant: Robert Fuller Attorney: Paul Kujawsky Defendant and Appellant: Doris Fuller Attorney: Paul Kujawsky     FROM B241452 12/24/2012 Substitution of attorneys filed for:     Paul Kujawsky for appellants. FROM B241452 01/24/2013 Filed document entitled:     Appellant's non-opposition to motion to consolidate 01/31/2013 Motion filed.     Appellants' motion to vacate, received 1/22/2013, is filed. Motion to Vacate dismissal is GRANTED. FROM B241452 01/31/2013 Order filed.     The court has read and considered respondent's application to consolidate appeals, B241450, B241452, appellant's motion to vacate the dismissal, and the motions augment the record. Good cause appearing therefor, IT IS HEREBY ORDERED that the dismissal in B241452, entered on December 14, 2012, is vacated, the motions to augment and the motion to consolidate the appeals are granted. Appeals B241450 (BP122665), and B241452 (BP099211) are consolidated. All documents previously filed under case number B241452 are refiled under appeal number B241450. All future submissions shall be made under appeal number B241450. The order of dismissal filed December 14, 2012, in case number B241452 (BP099211, is vacated and the appeals filed May 25, 2012, are reinstated. Appellants' augmentation is deemed a request to file a supplemental designation of record. Appellant's shall file the supplemental designation of record for the appeals filed May 25, 2012, in case numbers BP099211 and BP122665. The supplemental designation shall be filed with the clerk of the superior court in Room 111A at 111 North Hill Street, Los Angeles, California, within 15 days of the date of this order. 04/02/2013 Substitution of attorneys filed for:     Sandra Arnold subs Betty Barrington to represent her on appeal. 04/16/2013 Supplemental record/transcript filed.     C-3 (582 pages) , R-1 04/26/2013 Substitution of attorneys filed for:     Respondent, Steven Fuller. Attorney Betty Barrington substituted in as counsel of record. 05/10/2013 Motion/application to augment record filed.     appellant three rt dates; 5/23, 24 & 25 06/04/2013 Augmentation granted. (See order.)      06/04/2013 Augmentation order faxed to:      08/07/2013 Augmented record filed.     R-3 09/03/2013 Requested - extension of time Appellant's opening brief. Requested for 10/16/2013 By 40 Day(s) filed as stip (order required) 09/04/2013 Granted - extension of time. Appellant's opening brief. Due on 10/16/2013 By 40 Day(s)    10/01/2013 Requested - extension of time Appellant's opening brief. Requested for 12/02/2013 By 47 Day(s)    10/03/2013 Granted - extension of time. Appellant's opening brief. Due on 12/02/2013 By 47 Day(s) No further extensions. Click here to request automatic e-mail notifications about this case. http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=2015247&doc_no=B241450 NOTES BP099211 Case Information | Party Information | Documents Filed Proceedings Held (Proceeding dates listed in descending order) Click on any of the below link(s) to see proceedings held on or before the date indicated: 11/2/2009 08/08/2011 at 01:30 pm in Department 99, MARVIN M. LAGER, Presiding AMENDED-DETRM OWNERSHIP (PC 850) (CONTINUED TO 8/10/11  at 1:30 p.m.) - Matter continued 05/27/2011 at 01:30 pm in Department 99, MARVIN M. LAGER, Presiding AMENDED-DETRM OWNERSHIP (PC 850) - Matter continued 05/25/2011 at 01:30 pm in Department 99, MARVIN M. LAGER, Presiding AMENDED-DETRM OWNERSHIP (PC 850) - Matter continued 05/24/2011 at 01:30 pm in Department 99, MARVIN M. LAGER, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 05/23/2011 at 10:00 am in Department 99, MARVIN M. LAGER, Presiding AMENDED-DETRM OWNERSHIP (PC 850) - Matter continued 04/25/2011 at 10:00 am in Department 99, MARVIN M. LAGER, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 04/25/2011 at 10:00 am in Department 99, MARVIN M. LAGER, Presiding AMENDED-DETRM OWNERSHIP (PC 850) (OK TO SET FOR  04-25-11 IN D-99) - Matter continued 03/18/2011 at 08:30 am in Department 11, Michael I. Levanas, Presiding CONSERVATORSHIP - OTHER - Granted 02/22/2011 at 08:30 am in Department 11, Michael I. Levanas, Presiding CONSERVATORSHIP - OTHER (PET FOR FEES FOR COURT- APPT CNSEL) - Matter continued 11/09/2010 at 08:30 am in Department 99, Michael I. Levanas, Presiding ORDER TO SHOW CAUSE - PROBATE (TO DISCUSS TRIAL DE NOVO IN D-99BASED ON NEW PARTIES WHILE INTRIAL IN  D-11.) - Off Calendar 11/09/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 10/07/2010 at 10:00 am in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) (TSC) - Matter continued 10/07/2010 at 10:00 am in Department 11, Michael I. Levanas, Presiding MOTION - ORDER - Granted 10/07/2010 at 10:00 am in Department 11, Michael I. Levanas, Presiding ACCOUNT CURRENT & FEES - Granted 09/20/2010 at 10:00 am in Department 11, Michael I. Levanas, Presiding MOTION - ORDER (NTC OF MO & MO FOR AN ORD  ALLOWING THE FILING OF A SUPLMNT PLEADINGPET TO DTRM TITLE; ETC.) - Matter continued 08/12/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding ACCOUNT CURRENT & FEES - Matter continued 08/02/2010 at 10:00 am in Department 11, Michael I. Levanas, Presiding MOTION - ORDER - Denied without prejudice 08/02/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 07/26/2010 at 10:00 am in Department 11, Michael I. Levanas, Presiding MOTION - ORDER - Matter continued 07/26/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 07/08/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding ACCOUNT CURRENT & FEES - Matter continued 05/20/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 05/06/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding ACCOUNT CURRENT & FEES - Matter continued 04/01/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding ACCOUNT CURRENT & FEES - Matter continued 02/25/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding ACCOUNT CURRENT & FEES - Matter continued 01/14/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding ACCOUNT CURRENT & FEES - Matter continued 01/14/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding ORDER TO SHOW CAUSE RE: CITATION - Off Calendar 01/14/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 01/14/2010 at 08:30 am in Department 11, Michael I. Levanas, Presiding MOTION/APPL-TEMP RESTRAINING ORDER - Off Calendar Click on any of the below link(s) to see proceedings held on or before the date indicated: TOP   11/2/2009    11/02/2009 at 08:30 am in Department 11, Michael I. Levanas, Presiding ORDER TO SHOW CAUSE RE: CITATION (CITEE- STEVEN FULLER) -  Matter continued 10/16/2009 at 10:30 am in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 10/16/2009 at 10:30 am in Department 11, Michael I. Levanas, Presiding MOTION/APPL-TEMP RESTRAINING ORDER - Matter continued 09/03/2009 at 08:30 am in Department 11, Michael I. Levanas, Presiding MOTION/APPL-TEMP RESTRAINING ORDER (TRO -THELSEY  FULLER VS STEVEN FULLER) - Off Calendar 08/14/2009 at 01:30 pm in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 08/14/2009 at 01:30 pm in Department 11, Michael I. Levanas, Presiding MOTION/APPL-TEMP RESTRAINING ORDER - Matter continued 07/24/2009 at 01:30 pm in Department 11, Michael I. Levanas, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 07/24/2009 at 01:30 pm in Department 11, Michael I. Levanas, Presiding MOTION/APPL-TEMP RESTRAINING ORDER - Matter continued 07/13/2009 at 08:30 am in Department 11, Aviva K. Bobb, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 07/13/2009 at 01:30 pm in Department 11, Michael I. Levanas,  Presiding MOTION/APPL-TEMP RESTRAINING ORDER (APPL FOR INJUNCTIVE RELIEF TO PREVENT REMOVAL OF FUNDS FROM ACCTS IN THE NAME OF THELSEY L.FULLER ET  ALS. NOW ON DEPOSIT WITH CITIBANK, INGLEWOOD BRANCH) -  Matter continued 2.  07/01/2009 – Robert L. Fuller and Doris A. Fuller withdraw  $235,152.28 from Citibank, Reference # 10013133368 /TCR/ ACCOUNT # 40046814907, each cash checks in the amount of $117,576.14 and deposit same at F & A Federal Credit Union, 2625 Corporate Pl, Monterey Park, CA 91754 plus a  $1,600.00 CASH WITHDRAWAL 1.  06/30/2009 – Mr. Steven A. Fuller, conservator for Mrs.  Edwina J. Fuller ask court for restraining order on Mr. Thelsey L. Fuller’s bank accounts [LACSC BP099211 06/30/2009  MOTION/APPL-TEMP RESTAINING ORDER]  [06/30/09] $3,000.00 Check #1360 04/13/2009 at 01:30 pm in Department 9, Reva Goetz, Presiding DETERMINE OWNERSHIP (PC 850) (CONTINUE AND  TRANFER TO D-11) - Matter continued 04/13/2009 at 01:30 pm in Department 11, Aviva K. Bobb, Presiding DETERMINE OWNERSHIP (PC 850) (TRANSFERRED TO D-9 F/W) - Transferred to different departmnt 03/12/2009 at 08:30 am in Department 11, Aviva K. Bobb, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 01/08/2009 at 08:30 am in Department 11, Aviva K. Bobb, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 10/31/2008 at 08:30 am in Department 11, Aviva K. Bobb, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 09/18/2008 at 08:30 am in Department 11, Aviva K. Bobb, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 08/07/2008 at 08:30 am in Department 11, Aviva K. Bobb, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 06/26/2008 at 08:30 am in Department 11, Aviva K. Bobb, Presiding DETERMINE OWNERSHIP (PC 850) - Matter continued 10/04/2006 at 01:30 pm in Department 9, Michael I. Levanas, Presiding APPT. CONSERVATOR OF P & E - Granted-Acct/StatRpt Due 386 Days 08/23/2006 at 10:30 am in Department 9, Michael I. Levanas, Presiding APPT. CONSERVATOR OF P & E - Matter continued Click on any of the below link(s) to see proceedings held on or before the date indicated: TOP   11/2/2009 http://benamarine.blogspot.com/2012/11/case-summary-bp099211.html