Why is No One Talking About Elder Abuse?

GEO Oct 26, 2010Did you know that in thirty-five years one in four Canadians will be over the age of 65? Today our senior population is well over 5 million and expected to reach 10 million by 2036.

We do know that as we age we become more vulnerable as our physical and mental health declines. You don’t have to be 65 or older to experience the signs and symptoms of fading youth and to realize that no magic elixirs exist despite the hype of the cosmetics and plastic surgery industries.

A recent news story about pop radio icon Casey Kasem reveals the insidious nature of elder abuse and the difficulty of preventing it or proving it. In Mr. Kasem’s last years he suffered from Parkinson’s disease which became increasingly more debilitating. His three children from his first marriage became concerned when Mr. Kasem’s wife, Jean, refused them access to their father for over three months. The children applied for conservatorship or committeeship, as it is called in Canada, but their application was refused as the Court found no evidence of elder abuse.

It is startling to hear that a California court did not understand that the very fact Mr. Kasem was kept isolated and away from his children and friends, was a sign of elder abuse. Unfortunately for Mr. Kasem his situation grew worse when his wife removed him from hospital in California, against his doctors’ orders, and moved him first to Las Vegas and then to her friend’s home in Seattle. The ambulance driver who transported Mr. Kasem to a private home, rather than a hospital, reported the incident to authorities.

On June 1, 2014 his eldest daughter was awarded conservatorship and she and her siblings were by his side when he died on June 15. Even after death, the abuse continued, as his wife ordered an autopsy and later sent his body to Norway for burial.

While Mr. Kasem’s case was extreme and public, many seniors suffer in silence as they are mistreated, over-medicated, ignored, deprived of food and water, physically, emotionally, and sexually abused or victims of fraud, theft or worse.

According to Canada’s Ministry of Justice website,www.justice.gc.ca/eng/rp-pr/cj-jp/, while cases of assault, criminal negligence, and fraud have been levelled against perpetrators of elder abuse, the term “elder abuse” has not appeared in a court judgment and is not a term found in Canada’s Criminal Code.

Like child abuse and domestic violence, crimes that were hidden in the shadows for decades, it is time for all Canadians to address the shameful secrets of elder abuse and to be attentive to seniors around them who may be unable to help themselves. It is also time for the Criminal Code to include specific provisions with regards to elder abuse so that Canadians know that suffering seniors deserve respect and liberty to live out their golden years with their civil rights intact.

If you suspect elder abuse, please report it to social services.

Lawdiva aka Georgialee Lang

Family Court Judge Scolded for Discourteous Remarks

_DSC4179 - Version 2I have some sympathy for Judge Daniel Healy of Solano County, California. As a family court judge he has likely seen and heard it all…and I can readily accept that his intemperate remarks to certain litigants was borne out of intense frustration.

Among the worst of his “undignified and discourteous” remarks were the following:

In August 2013 Judge Healy was presiding over a family law case where a husband alleged his spouse was driving drunk with the couple’s child in her car. Judge Healy commented that while the two parents may not chronically abuse drugs and alcohol, both of them struck him as “rotten”. He called the mother a “liar” and said “Why don’t you prove to me that you recognize what a train wreck you are?” He also told her lawyer that she should be “grovelling like there is no tomorrow”.

In another case Judge Healy rebuked the father for his threatening and vulgar messages to his wife, saying “if the children do something thuggish and stupid it’s because their father is thuggish and stupid.” He also remarked “life is too short to let kids be tortured by rotten parents like you two”.

And in a 2012 case he said “This is the first time I’ve seen you but if you are exposing your daughter to one-fifth of the attitude I’m getting from you right now, you might as well have her start walking the streets as a hooker because that’s the life you’re going to subject her to, when you treat her like this, when you flash this attitude like this.”

Judge Healy also threatened litigants with imprisonment on multiple occasions despite lacking any authority to do so.

Yes, I think he crossed the line, but the stress of dealing with unfit, incompetent parents on a daily basis would cause the most sane of us to finally say what we really thought. No excuse, but understandable.

The Discipline Commission held as follows:

“Judge Healy argued that blunt and evocative language is sometimes necessary to compel litigants to gain awareness of their circumstances, the harm that they are causing their children, and the importance of respect and cooperation. The commission disagrees. Referring to litigants as “rotten,” “stupid and thuggish,” and a “total human disaster,” and telling litigants their child “might as well start walking the streets as a hooker,” is the antithesis of imparting the importance of respect.”

Judge Healy received a “public admonishment” and no longer sits in family court. He is likely happy to be out of there!

Lawdiva aka Georgialee Lang

Divorce Fraud Leads to 17 years in Prison

GEO#1California businessman Steven Zinnel, age 50, thought he could get away with cheating his wife, his two teenage children, and the bankruptcy court, but he was wrong….boy was he wrong!

Zinnel and his wife, of Gold River, separated in 1999. By 2001 their uncoupling got even more ugly when he told his wife she would get nothing, no assets or support because he was filing for bankruptcy.

Zinnel systematically funnelled millions of dollars into the names of other persons and true to his word, filed for voluntary bankruptcy in 2005. He also laundered money through shell corporations in order to conceal his true income.

Shockingly, he did all this with the assistance of lawyer, Derian Eidson, age 50, who used her trust account, her personal account and a corporation she owned to return the funds to Zinnel after his discharge from bankruptcy.

But he didn’t stop there…Zinnel went on to initiate an FBI investigation of his ex-wife, displaying a hatred that knew no bounds and that eventually led to his own demise.

In the course of the investigation, authorities uncovered Mr. Zinnel’s bankruptcy and divorce fraud. Before U.S. District Court Judge Troy Nunley he was sentenced to 17 years and eight months in prison, fined $500,000, and ordered to disgorge the sum of $2.8 million to the state.

Judge Nunley in bankruptcy court and the 3rd District Court of Appeal in respect of his divorce matter condemned Zinnel for his narcissistic arrogance, and found that while he was articulate and charismatic he used those traits for his own selfish purposes.

Yorba Linda lawyer Ms. Eidson, was disbarred and sentenced to 10 years and one month in prison for money laundering. She was also fined $200,000. Her undoing began when she commenced an intimate relationship with Zinnel and became a victim of her own greed.

As for Mr. Zinnel, his phone call to his son when first imprisoned shows that he still doesn’t get it…he told his son that he was “railroaded” and blamed his ex- wife!

Lawdiva aka Georgialee Lang

Could It Happen in Your Family?

DSC00507 (2)Tomorrow at 5 pm I’ll be doing an interview with Jill Egizii who is the host of her own show on blogtalkradio.com out of Springfield Illinois. Jill is a local politician and advocate for children with a special interest in parental alienation.

She’ll be discussing a story out of California involving pop radio icon Casey Kasem, now 81-years-old, who ruled the airwaves for decades as a music historian and deejay, best known for the popular show “American Top 40″ and its multiple spin-offs.

Mr. Kasem retired from radio and his impressive voice-over career in 2009 once he became debilitated by Parkinson’s disease. Recently, however, he has been back in the media spotlight as a result of a situation that is sadly, not uncommon.

Mr. Kasem’s three adult children, Mike, Julie and Kerrie, from his 7-year marriage to his first wife, Linda Meyers, have been refused contact with their father by his second wife, albeit of 33 years, whose relationship with his children was sour from the get-go in 1980.

Media reports indicate the children were very close to their father, who is of Lebanese heritage, and had regular contact with him until he became immobilized due to his illness and also lost his ability to speak.

Daughter Julie brought a conservatorship application in an attempt to become involved in his care, however, she dropped the court case after negotiating visiting time with her father’s wife, Jean Kasem.

The children’s desperate campaign to see their father has included “picketing” in front of the home he shares with Mrs. Kasem, all in an effort to gain access to him. But it is not only his children who are barred, but also close friends and long-time business associates, who participated in the protest outside his Holmby Hills estate in Los Angeles.

In December of last year, Mrs. Kasem consented to the children seeing their dad for twenty-minutes before being escorted out by a paid “bouncer”.

As a result of the profile of this family, one California legislator is proposing new law to protect disabled, elderly parents from “forced” estrangement, such as in this case.

Sadly, with the multiplicity of divorce and remarriage, there will be more cases like this and more elderly victims.

Kerrie Kasem will also be featured in this interview.

Lawdiva aka Georgialee Lang

Train Wreck Courtney Love Back in Court To Defend Against Libellous Tweet

GAL & PAL #2jpgAh yes, Courtney Love, a young woman with so much promise. A talented musician and actress with Grammy nominations and a Golden Globe nomination for her role in the movie “The People v. Larry Flynt”, hampered by psychological ills and sporadic drug addiction.

These days media reports focus on her bad behavior, not her artistic endeavors. She is in the spotlight this week as she attends court in California defending a law suit brought against her by her former lawyer, Rhonda Holmes. She retained Ms. Holmes several years ago to assist her in litigation involving the estate of her former husband, Kurt Cobain, of the Seattle band Nirvana. He is better known today for his tragic suicide rather than his musical legacy.

Ms. Love, apparently unhappy with lawyer Holmes, tweeted that the lawyer had been “bought off”, a serious charge against a professional whose livelihood depends upon her reputation.

This is not the first time Ms. Love has spewed ignorant remarks over the internet. In 2009 she settled another law suit brought against her by fashion designer, Dawn Simorangkir. The designer created some couture designs for Ms. Love, and then found herself on the receiving end of allegations that she was a thief and had a criminal record, again, all courtesy of Twitter.

Ms. Love wisely settled the law suit paying Ms. Simorangkir $430,000.

This week’s case is the first time a court in North America will scrutinize communication by Twitter. Witnesses expected to testify include Ms. Love, a few of her employees, and experts in language who are well-versed in the Twitter medium.

Lawdiva aka Georgialee Lang

First, Same-Sex Marriage – Now, Same-Sex Divorce

GEO#1In 2004 Canada took its place as the first country in the world to grant a divorce to a same-sex couple. This was not surprising since Canada was one of the first countries to legalize same-sex marriage, an event that saw hundreds of gay and lesbian couples from around the world travel to Canada to celebrate their relationships with a legal marriage ceremony.

Many American couples married in Canada or in one of the dozen American states that permitted same-sex marriage.

At the time no one gave a moment’s thought to the inevitable time when these marriages, like their heterosexual counterparts, would disintegrate and divorce would be on the agenda.

While same-sex marriage is a hot topic among American legislators, same-sex couples who married north of the border found that divorcing their spouses was not an easy proposition.

Toronto family law lawyer Martha McCarthy became the first lawyer in Canada to tackle the same-sex divorce dilemma when her clients encountered a problem created by Canada’s Divorce Act, which had not been amended to address the influx of marriages involving non-resident visitors.

The Divorce Act requires that one of the spouses reside in Canada for one year prior to the granting of a divorce, a requirement that is almost impossible for a non-resident to comply with.

Ms. McCarthy brought a Charter of Rights and Freedoms challenge to the Ontario courts, an application that was moot once the federal government enacted the Civil Marriage Act in the summer of 2013. The legislation permits a same-sex couple to apply for a divorce in the Province where they married without a residency requirement, if they reside in a jurisdiction that does not permit same-sex divorce.

Additionally, each of the spouses must consent to the granting of a divorce, unless circumstances prevent such consent and then a court order waiving consent is required, either from a Canadian court, or the court where the couple resided during their marriage.

Will there be a proliferation of same-sex divorces? In the last two weeks I have initiated three same-sex divorce applications, all from American couples who married in British Columbia, but live in states where their marriage was never recognized.

Others say that because many same-sex couples merely legalized their domestic unions after years of living together, they are more likely able to sustain their marriages.

Meanwhile, Lauren Czekala-Chatham, who married her same-sex partner in California in
2008, has brought a legal challenge against the government of Mississippi, where she and her partner lived during their two-year marriage, protesting her inability to obtain a divorce in her home state.

Lawdiva aka Georgialee Lang

Sleazy Divorce Lawyer Faces Jail Term

BarristerWhen I first heard about Mary Nolan, a divorce attorney from Oakland California, I thought perhaps she was simply an overzealous and misguided advocate who got caught up in the emotional maelstrom of her high-conflict divorce practice, perhaps misled by a dirty cop on-the-take.

At the time, maintaining her innocence, she seemed to be a bit-player in scenarios set up by now-disgraced private investigator Chris Butler, situations referred to in the press as “Dirty DUI’s”.

One of Mr. Butler’s “games” was to “set-up” husbands going through a divorce, by instructing his attractive female operatives to entice them to a bar, and after too many drinks and a little dirty dancing, plant a friendly cop a mile from the drinking establishment waiting to bust the unsuspecting dupes.

On at least two occasions, Ms. Nolan just happened to be acting for their wives and lo and behold, the resulting criminal convictions for drunk driving were a serious problem for them in their custody and access claims.

This week Ms. Nolan plead guilty to tax evasion and hiring Mr. Butler to plant listening devices in the automobiles of her clients’ spouses. Butler, who was earlier sentenced to eight years in prison for a myriad of criminal offences, including drug trafficking, testified that Ms. Nolan’s clients paid him for the scam DUI’s but Nolan managed to escape the consequences of her participation in these activities.

Butler also admitted to planting eavesdropping devices inside “hundreds” of cars for clients.

But it is likely Mary Nolan’s evasion of tax that will see her spending time in prison. In multiple years she filed tax returns indicating annual income between $20,000 and $50,000 when she actually earned hundreds of thousands of dollars every year, resulting in a tax bill to the IRS of $1.8 million dollars.

She and Butler also face civil suits brought by husbands of Ms. Nolan’s clients, who suffered significantly after their arrests and convictions. Luckily for them, a higher court quashed their convictions after hearing of the dirty dealings between local police, P.I. Butler and attorney Nolan.

She faces a maximum of 15 years in prison and a $750,000 fine.