North Idaho Woman Receives An Unbelievably Light Sentence In Exploitation Case

Hey, it's just money...right? A story in today's Bonner County Daily Bee caught my attention and got my hackles up. Apparently, Elise Anne Davidson, of Spirit Lake, Idaho, has received no more than a "slap on the wrist" for her financial exploitation of an elderly man. You see, Ms. Davidson used a financial power of attorney to steal more than $4,000.00 from the victim while he was convalescing in a nursing home. She also apparently attempted to have the victim removed from the nursing home and placed in her care. The victim, who is unidentified in the story, was confined to a wheelchair and incapable of writing or speaking. Rightfully, Ms. Davidson was originally charged with a felony -- exploitation of a vulnerable adult. Unfortunately, through a plea agreement, she pled guilty to misdemeanor theft and was sentenced to 30 days in jail. She was also ordered to pay the nursing home $1,000.00 in funds which the facility was owed.

When you look at it, I suppose it is easy to say that stealing $4,000.00 should not equate with a stiffer sentence than Ms. Davidson received. This is not about the money, however. This is about the exploitation of the vulnerable adult who was the victim in this case. What price can be placed on the betrayal of trust? Recall, I recently wrote about some prosecutors who are using "hate crime" laws to obtain stiffer sentences against those who financially exploit the elderly. Perhaps the prosecutors in Northern Idaho can take a hard look at how they deal with those who take advantage of the elderly and infirm.

It's not "just money." Financial exploitation of vulnerable adults in general, and the elderly in particular, is about much, much more. Only when the perpetrators of such crimes are punished with stiff felony sentences will the message be properly sent. 

 

Update to "Yes, Elder Abuse Happens...Even In Idaho"

Scales of JusticeBack in January 2010, I wrote about the tragic death of Verda Nicks. Recall, Ms. Nicks was found because of the actions of a friend who was unable to get hold of Ms. Nicks. Unfortunately, Ms. Nicks was found emaciated and immobile on a urine-soaked bed in a house filled with feces, files and an unbearable stench. She died about six weeks later. Ms. Nicks' adult sons, David and Danny Nicks were charged by the Canyon County Prosecutor with felony criminal neglect in their care of their mother. The brothers were to be tried separately.

According to Kristen Rodine's article in the Idaho Statesman, on May 5, 2010, David Nicks was found guilty. According to the Statesman, David Nicks' attorney, Bill Schwartz  did not call any witnesses for the defense during the two-day trial. Instead, Mr. Schwartz argued his client was not a "caretaker" and, thus, not responsible for the conditions, which he admitted were terrible. The jury didn't buy it and took less than 2 hours to deliberate and reach their unanimous guilty verdict. David Nicks plans to appeal.

Now it is Danny Nicks' turn. His trial is to begin on Monday, May 24, 2010. Mr. Schwartz is also Danny's defense attorney. Stay tuned for the result of this case. 

Although there has been a conviction in this matter, Ms. Nicks' death remains a tragic tale. It also serves as a reminder to all of us to check on our elderly neighbors and friends to make certain they are well. Who knows, perhaps Ms. Nicks' life could have been saved if the authorities had been notified sooner.

UPDATE - According to a story on KTVB.com, Danny Nicks has pled guilty to one count of felony neglect. Mr. Nicks' guilty plea came on the second day of his second trial. His first trial resulted in a mistrial due to a deadlocked jury. The story indicates appeals of the convictions will follow. I will keep you posted on the appeals; such things, however, take quite a bit of time.

A California Jury Says: Adequately Staff Your Facilities Or Pay The Price

In a previous blog post, I wrote about how increased staffing levels equate with improved nursing home resident safety. Well, a company has found out the hard way: follow the law requiring minimum levels of nursing care or pay the price.

According to a story in the Contra Costa (California) Times, the jury in a class action lawsuit against Skilled Healthcare has reached its first verdict. According to the article: "Skilled Healthcare is one of the largest nursing home chains in the country, employing approximately 14,000 people. The company is based in Southern California, and operates 78 nursing facilities in seven states."

The jury awarded $677 million for violations of the California law requiring a certain number of nursing hours per resident per day in the facilities. Interestingly, Skilled Healthcare's attorney was not even in the courtroom when the verdict was read; instead he sent out his reaction to the jury verdict via an e-mail!

The case was brought on behalf of residents of the five facilities owned by Skilled Healthcare in Humboldt County and covered the period of 2003 - 2009. There were approximately 32,000 residents represented in the class action. 

I say this is the jury's "first" verdict because, now, the jury will receive evidence concerning what additional punitive damages should be awarded against Skilled Healthcare. Punitive damages are meant to punish the company so that it does not repeat its conduct and to dissuade others from doing so. I will let you know the outcome of that phase of the lawsuit when the information becomes available.

For the residents of facilities of Skilled Healthcare facilities, justice is being served. Perhaps other large, for-profit, nursing home companies will get the message. Follow the law or pay the price.