Monthly Archives: August 2012

BREAKING NEWS!! Another Victim of Franchina and Giordano, PC


by Diane Wilson

August 20, 2012

It seems that my Mom, Dorothy Wilson, was not the only one kidnapped by Mary Giordano, of the law firm of Franchina and Giordano in Garden City, NY!! AND Judge Joel Asarch was the judge in this case as well, along with Anne Recht as the geriatric “care” manager!  How many other victims are out there?

This is what I was told by Kevin, Richard Maas’s grandson: 

Kevin told me that he was living with his grandfather in his grandfather’s house, but once Mary Giordano took over as guardian, he was forced to move out. He told me his grandfather made sure that he would always have enough money to live in his own home for the rest of his life and NOT in a nursing home. Once Mary and Anne got involved, an aide was placed in there 24/7. One day, Kevin called his grandfather and the aide answered the phone. He told the aide he was coming over to visit his grandfather and received SHOCKING NEWS. She told him that Mary Giordano was at the house moving his grandfather into a nursing home!!  Mary Giordano NEVER notified any family member that she was doing this.

Richard Maas begged his grandson Kevin to get him out of the nursing home and take him home. He said his grandfather did NOT acclimate well in the nursing home as Mary Giordano said he did. Kevin told me he fought hard to get his grandfather back home, spending thousands of dollars in attorney fees, but to no avail. According to Kevin, Judge Asarch said the move was “not handled properly” but allowed Mary Giordano to do it anyway! Then Mary Giordano sold his  grandfather’s house! 

When I told Kevin the details of Mom’s story and asked him why he didn’t post his story, he said “because no one in charge cared.” I told him I cared, and so do hundreds of thousands of other decent, law-abiding citizens.

Kevin’s story is long and heartbreaking. These stories are never about justice, they are always about the money…..more to come…..   

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August 22, 2011, the day Mom was kidnapped


On August 22, 2011, Mary Giordano, an attorney with Franchina and Giordano, Garden City, New York, went to my Mom’s house in Massapequa. She arrived with Lynn Vaughan, an associate from AMRecht Associates in Plainview, and a locksmith from Massapequa.

 Mary rang the doorbell, went into Mom’s house and told Mom she was taking her to the hospital for a health issue. Mom went into her room to get ready. I was advised by the locksmith who was there that day that he was told to go around to the back and change that lock first so my Mom would not be aware of what was going on. He also told me that Mary Giordano went into Mom’s refrigerator and threw out all of her food!!  

 Mom willingly got in the car. BUT instead, Mary took Mom to Meadowbrook Nursing Home in Freeport and locked her up there against her will. Mom called me, hysterical, crying, begging me to come and get her. I raced to the nursing home. Mom was a wreck when I got there and told me “I am not staying. I am going home with you.” I calmed her down enough to take this video. Mom had also been drugged with Abilify, a psychotropic drug where the warning clearly states that it is NOT to be given to elderly patients with dementia. This is my Mom.

 I filed an Order to Show Cause with Nassau County Supreme Court the next day, August 23, 2011. Judge Joel Asarch, the judge who signed the order to incarcerate Mom against her will, did not sign the order until September 2, 2011. On that same day, Mom was released from the hospital in Oceanside and incarcerated in Maria Regina Nursing Home in Brentwood, NY.

 A court hearing was not scheduled until September 19, 2011. In the meantime, my mother cried day and night, desperate to go home, writing letters, asking anyone to help her that she came in contact with. On October 23, 2011, Mom gave up. She passed away. The next court date was November, 4, 2011. Mom was going to get her freedom and come home with me. She is home now. Rest in peace Mom. I love you. There will be justice.

 

D.A. Policies Fail to Protect Rights


D.A. Policies Fail to Protect rights

By Richard D. Willstatter

New York Law Journal

July 31, 2012

State Bar Criminal Justice Section Chair Marvin Schechter should be commended for publicly stating a simple but uncomfortable truth about the state and federal criminal justice system: Prosecutors all too frequently violate defendants’ right to receive favorable information. The district attorneys association’s condemnation of Schechter’s statement (“D.A.s Challenge Claim by Bar Section Head They Undermine Brady,” NYLJ, July 30) demonstrates that many prosecutors cannot even admit their failure to adopt policies to prevent violating the rights of the accused. As the D.A.s should know, the state bar’s Task Force on Wrongful Convictions found that Brady violations are a continuing problem, denying defendants a fair opportunity to organize and present a defense. That is why the state bar endorsed A.4879/S.3276 and one major reason why broad discovery reform is required and is sought by our association, the New York Civil Liberties Union, the Innocence Project, the Legal Aid Society, and the National Association of Criminal Defense Lawyers, among others. Predictably, these needed reforms are resisted by the district attorneys association.

We are disappointed that Manhattan District Attorney Cyrus Vance Jr., himself a former defense attorney, would express disappointment that state bar President Seymour James did not respond to his complaints with laudatory comments for prosecutors. At least one of New York’s district attorneys, Charles J. Hynes, understands the issue. He has stated that “disclosure is not only an ethical and legal obligation, it is a moral imperative.”

A 2010 Working Group on Brady hosted by the Jacob Burns Ethics Center at Cardozo Law School and cosponsored by, among others, the National District Attorneys Association, found that “as a general principle, but subject to exceptions, prosecutors should disclose all evidence or information that they reasonably believe will be helpful to the defense or that could lead to admissible evidence.” Although Vance gave a talk at this same symposium, he apparently seems to have forgotten that finding and now thinks prosecutors may only be given “respect and support.” His criticism of James is as disheartening and baseless as was the district attorneys’ criticism of Schechter.

The reliance of the district attorneys association on a recent handbook it prepared is telling. The handbook asserts that prosecutors need only disclose “material, exculpatory information.” But Vance certainly knows that is simply not the standard set forth by our courts and guaranteed by our Constitution. The courts and the Constitution require the disclosure of all information that is “favorable” to the defendant. The DAASNY‘s position on Brady obfuscates their real and continuing obligations as public officials to promptly disclose favorable information and adherence to it will inexorably lead to more innocent people being wrongfully convicted.

Richard D. Willstatter
The author is president of the New York State
Association of Criminal Defense Lawyers

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