by Diane Wilson
Definition: verb abused, abusing. 1. to use wrongly or improperly; misuse: to abuse one’s authority.
2. to treat in a harmful, injurious, or offensive way
Noun wrong or improper use; misuse: the abuse of privileges.
Every human being on this Earth is born with inalienable God-given rights; no man or woman has the right to take these away from another human being. Those who commit such heinous actions deserve to be punished for it. Crime does not pay, or does it??
All across America, in every state, in every city, in every town, we are seeing the horrific abuse of our most vulnerable citizens; the elderly, the disabled and the children in a country where we once believed we were all free. These crimes are being committed by strangers as well as family members and so-called loved ones and friends.
I grew up in a loving home with two parents who worked hard, obeyed the law, paid their taxes and taught their children right from wrong. We went to Bible school and church on Sundays. I was told that the police were good and would protect you from criminals; that the courtroom was where justice was always served and if you lied on the stand under oath you were committing perjury and would go to jail. I would learn much later in life that those teachings were not true, that the land of the free was indeed not free, that crime paid handsomely and lying under oath despite evidence to the contrary did not mean an automatic jail sentence, not if you were in cahoots with the judge and his cronies.
So I no longer believe in Santa Claus or the Easter Bunny or the tooth fairy. I no longer believe crime doesn’t pay or that justice is served in the courtroom. I no longer believe that America is a free country, free from tyranny and a protector of human rights. Yet I do believe in a much Higher Power, God, our Prime Creator, Master of the Universe. My faith in Him is very strong and completely unshakeable. With that knowledge, I also know that God doesn’t judge us. I know He forgives us when we sin. I know we are here to learn life’s lessons and to learn forgiveness. We need to learn to forgive ourselves and others as well.
Forgiveness is something I am seriously struggling with right now. I applied for guardianship of my mother to protect her, her home and her assets; to make certain that she would always remain in her home and never end up in a nursing home. This was what my siblings wanted for her and what my mother did not want. No one wants that. I was naïve about court. I was unaware that judges and lawyers and other so-called professionals conspired together to play family members against each other in order to gain control of the elderly person’s assets. I was unaware that they all benefitted monetarily from their actions. It took me a long time to forgive myself for bringing this to court in the first place. I know that I saved my mother’s life by doing what I did, but was it ultimately worth it? After all, the last three years of her life were made a living hell under the “watch and care” of the late Judge Joel Asarch, a Nassau County Supreme Court judge; Mary Giordano, an elder care attorney with Franchina and Giordano in Garden City, NY and Anne Recht, a geriatric care manager with AMRecht Associates in Plainview, NY.
“Forgiveness is Divine.” I struggle with that too. I understand what forgiveness means. I understand forgiveness frees you to live life without holding on to anger and resentment. Forgiveness of ourselves and others for the wrongdoings we have caused ourselves or suffered because of another’s actions also has tremendous physical and psychological effects. I am completely aware of this. I am no longer angry at those who took my mother’s life. The judge passed away shortly after my Mom died. I heard rumors that he committed suicide. Was it his guilt? Guilt for sentencing so many others besides my mother to life imprisonment in squalid nursing homes with no hope of ever getting out? Can I forgive him? I don’t know.
Anne Recht went on to get her own home health care license. This allowed her to hire home health aides through her own company and not rely on other home health care agencies. So now instead of insisting that a nursing home was the only way out for a person, as she did in my mother’s case, she now insists that they are better off in their own home. Money always seems to make people change their set of beliefs. Can I forgive her? I don’t know.
That leaves Mary. Mary Giordano is still being assigned guardianship cases of the elderly through her law firm, Franchina and Giordano. From what I have been told nothing has changed. I received a phone call last year from an attorney who wanted to speak to me about Mary and the crimes she committed against my mother. It seems she had a client whose mother had the ill fate of having Mary assigned as her guardian. The daughter did not like Mary at all and did some research on her. She came across all of the stories about Mom. This lawyer was hired to get Mary removed as guardian and hopefully replace her with her daughter, someone who loved and cared about her mother, not a stranger. I spoke with her a number of times and then the calls stopped. I never did find out if her mother was saved from the same horrific fate as my mother.
The most recent case has to do with a friend of Mary’s, Joan Bebry, who was a very wealthy woman. Apparently Mary wrote her will and when Joan died, Mary became guardian of Joan’s disabled son. It wasn’t too long before Mary was removed as guardian and a family member is now in charge. It is now in the courts. From what I “heard”, there was a substantial amount of overcharging on Mary’s part and missing funds. Is that true? What I do know is that the same thing happened in my mother’s case.
So now getting back to forgiveness and the fact that forgiveness is divine. Does that mean that I am not capable of doing what mankind is sent here to do? I struggle with forgiving the people who abused my mother. How do I forgive someone who kidnapped my mother from her beloved home? How do I forgive the person who locked my mother up in a nursing home against her will? How do I forgive someone who knowingly signed off on giving antipsychotic drugs to my mother that eventually killed her? How do I forgive this woman (who was supposed to protect her and follow the law) who committed perjury on the stand against me time and time again, who took her money and her peace of mind, who locked my mother up in her own home with strangers, isolated her from her own family, from her grandchildren and great-grandchildren, who denied my mother the simplest request of a warm sweater when she was cold? How do I forgive her? Can I forgive her? Does she deserve forgiveness?
I know that I can forgive the person and not condone their actions. I teach that to others all the time. I struggle with forgiving Mary for so many reasons, one being that she is not at all remorseful for what she did. I know this because she continues to do the same to others. She never once said she was sorry.
Does an abuser deserve forgiveness? I don’t know the answer to that question.
For those of you who have endured a similar experience, how have you handled forgiveness?
On Facebook, I followed the elder abuse case of Sherry Johnston’s mother, Willie Jo Mills, a victim of guardianship abuse under Ginger Lott, David Dexel and Judge Christine Butts. This was happening in Harris County, Texas. Judge Butts had the power to stop the abuse and allow Sherry to take her mother home and care for her but refused to do so; instead allowing the abuse to continue up until the day she died.
As in my own mother’s case, Judge Asarch had the power to release my mother from the nursing home Mary Giordano placed her in. Mom died before she was able to taste freedom again.
We all mourn the passing of Willie Jo Mills. She is now free from her abusers. May she rest in peace.
November 21, 2014
by Mike Volpe
Following multiple RebelPundit reports on guardianship abuse, our latest investigation reveals this problem is widespread across the country and there is top to bottom corruption in court appointed guardianship in Harris County, Texas.
After speaking to victims, lawyers, and activists, the investigation reveals that the probate court in Harris County works much like a good ole boys club where judges receive campaign contributions from lawyers who then receive favorable rulings. In a court with little oversight, several victims suffered physical and mental abuse and were left to effectively be euthanized.
Guardianship is a court created power to take decisions of healthcare and finances away from those the court has deemed incapacitated and unable to make those decisions for themselves.
Initially started to protect the elderly and mentally challenged from being taken advantage of, it has often been corrupted, having the opposite effect. Those perfectly healthy who are effectively jailed and held against their wills, often end up in nursing homes away from their families.
Sherry Johnston told RebelPundit her mother was one of those victims. Her mother died in September 2014, weighing less than thirty pounds her normal weight. She provided Rebel Pundit with a series of photos which showed bruising, bed sores, and she made a You Tube video of doctors and guardianship professionals refusing to provide her mother with treatment, instead choosing to send her to hospice care to die.
Johnston said her ordeal started when a family dispute led to an order placing her mother, Willie Jo Mills, in guardianship. Rather than choosing a family member to be her guardian, Judge Christine Butts, appointed David Dexel to be the guardian.
The judge also appointed a Guardian ad Litem (GAL) and an Attorney ad Litem to oversee the case, all at the expense of the estate. Rather than allowing Mills to live with Johnston, as both wanted, Dexel placed Mills in the Silverado Nursing Home in Kingwood, Texas, in the spring 2009.
The estate was charged $7,000 a month for the care.
“At Sliverado she was abused, isolated and neglected,” Johnston told RebelPundit.
Dexel, whose name came up repeatedly in the investigation, is out of the office until December, according to his law office, and didn’t respond with a statement on this and other cases.
According to campaign finance records, Dexel contributed $1,000 to Butts’ campaign while the GAL in the case, Howard Reiner, contributed $2,500 to Butts campaign in 2013.
Reiner didn’t return a phone message left at his law office.
Butts was re-elected in November 2014.
Johnston said her mother’s estate has been charged nearly $300,000 in total fees by court professionals, including lawyers like Dexel and Reiner who charged between $250-300 per hour for their services.
Debbie Valdez, President of Guardianship Reform Advocates for the Disabled and Elderly (GRADE) is not surprised and said poorly thought out legislation has led to problems in the State of Texas and Harris County.
She told Rebel Pundit that her group has received complaints against three of the four elected probate judges in Harris County.
The most notorious judge is Mike Wood who has been featured in a number of exposes in Houston area media. Valdez said in 2005, Woods was one of several judges to testify in front of the Texas legislature to argue for more ambitious guardianship laws, claiming elderly would be victimized without them.
The result was bill SB 6, which Valdez told RebelPundit has done the opposite, leading to far more corruption and abuse.
One problem is that the law turned Texas into a court initiated guardianship state. By this Valdez explained, once any report is made of an individual to probate court, they are immediately put into the guardianship system even before its determined, if in fact, the ward is incapacitated.
“We see court initiated guardianship as very dangerous.”
That’s exactly what happened to her mother said Johnston.
“She never had due process,” Johnston said of her mother. “She never saw a judge or anything (before being put into the guardianship system).”
This creates a “presumed guilty” dynamic.
Another problem is that courts are run entirely through a network the judge controls. In the case of Mills, her family wasn’t allowed to hire an attorney for her, but was instead appointed an attorney by the courts.
Valdez added, with attorneys and social workers are being invited into a dynamic where they are looking to please the judge and to make decisions which will prolong guardianship and thus add to the fees.
Possibly the most disturbing story was that of Helen Hale.
In an extensive expose, Lise Olsen of the Houston Chronicle wrote:
Under a court-ordered guardianship, 86-year-old widow Helen Hale was plucked from the house she and her husband had built on wooded acreage in Cypress for their retirement and relocated to an unlicensed group home run by a caregiver with a criminal history.
In some of the state’s largest counties, like Harris, Travis and Bexar, so many people are in guardianships that each probate judge oversees from 1,500 to 3,000 ‘wards’ of the court. Yet most judges have only a single investigator to check out potential problems.
Upon speaking with Hale’s family, the end result is that more than three years later nothing has changed.
RebelPundit conducted interviews with Hale’s daughter Susan Staley and her granddaughter, Jennifer Goings, and though Hale has six children, Judge Butts, without explanation, chose a daughter with a history of drug use who had recently spent more than a decade without seeing her mother, as her guardian.
Goings provided RebelPundit with a series of photos which show bruises, bed sores, and other signs of neglect perpetrated on her grandmother.
The photos of Hale’s bed sores from one of the unsanitary nursing homes she’s been forced to stay in were to graphic for publishing.
Staley said she can’t remember the last time she’s seen her mother, because in order to do that she’d first need to get permission from her estranged sibling guardian.
“I won’t give her the satisfaction.” Staley said.
The Goings family has written a series of letters and emails begging Judge Butts to reconsider this decision including one written by Ron Goings on April 4, 2012.
“She (Helen Hale) has asked us to please get her out of this situation. At every turn we have been painted into a corner as being aggressive, manipulative and now as terrorists. I cannot understand how the court and its investigators and supposed guardians can be so blind.”
Harris County has a population of 4.1 million people, according to the 2010 census, making it the largest county in Texas and third largest in the country. It includes the cities of Houston and Sugar Land.
Judge Butts provided a statement to RebelPundit addressing these two cases:
I am unable to comment specifically on the cases you identified, as the Code of Judicial Conduct provides in part that, ‘A judge shall abstain from public comment about a pending or impending proceeding which may come before the judge’s court in a manner which suggests to a reasonable person the judge’s probable decision on any particular case.’
However, I will tell you that, with regard to the cases involving Helen Hale and Willie Jo Mills, such cases were contested in that the children of Ms. Hale and Ms. Mills were in dispute as to the appropriate choice of guardian. With regard to all cases in Probate Court 4, copies of the pleadings (which include orders of the court and reports of the court investigator) are available through the Harris County Clerk’s office.
“Ms. Mills due process rights were violated when she was not allowed to participate in resolving the dispute in Judge Butts court, instead Judge Butts removed all her civil, constitutional and human rights by forcing a guardianship upon her which ultimately placed Ms. Mills in an abusive and exploitive lifestyle until she died.” Sherry Johnston said in response to Butts’ statement. “Ms. Mills guardian ad litem, attorney ad litem, guardian, were and remain to be much better protected by the guardianship placed on Ms. Mills than she was,while she suffered, and her estate paid for the abuse, neglect and exploitation she was subjected to. Her only protection would have been by and from Judge Christine Butts.”
On Facebook today, November 11, 2014, I saw this video and heard this song by Diamond Rio for the first time, In God We Still Trust. I was extremely moved by this song, not just because it is Veteran’s Day and my Dad was a World War II veteran; not just because my mother was kidnapped and imprisoned until her death by Mary Giordano, elder care attorney with Franchina and Giordano in Garden City, NY ; but because of the horrible state of affairs our amazing country is in.
“You place your hand on His Bible and you swear to tell the truth.” I watched that happen in the courtroom during my mother’s guardianship trial; they all swore to tell the truth…none did. I watched them commit perjury and sat there in shock, wondering how they could just lie and lie and lie and how Judge Joel Asarch just allowed it to go on, while he sat under the flag of our great country.
People are the ones who make up a country. There are a small percentage of individuals in the world who are working very hard towards the destruction of America. Let’s stop them now. Let us work as one and save our great land from those whose only goal is to destroy America. To take a quote from another great song, “This is my country, land that I love.”