| THE LATEST DEVELOPMENTS IN THE CASE... |
WEDNESDAY APRIL 26th: On Wednesday April 26th, there was a hearing for the purpose of determining whether or not the injunction against my mom would remain in place. Before the hearing, my grandma's new attorney Patricia Wengert went to find out who was taking her to court, and to drop off some nice clothes for her , and she was told that she couldn't leave! When Patty arrived at the court house she told us what happened. The judge only allowed the attorneys in the room during the "hearing". We all sat just outside, and could hear much heated debate from inside the judge's chambers. Patricia pointed out that her client's rights were being violated, and she did so in a most passionate way. By the end of the hearing, the Granny Gestapo had won again... After leaving the court house, Patricia went over to Fleur Heights to see grandma. A journalist who has been investigating the case also went to interview her). Now the administrator of grandma's prison (Fleur Heights) refused to let her in at all!!! <<<this seems unconstitutional to me...after all, this is her attorney!!! Within an hour or so of Patricia getting back to her office, she received a phone call from ASSistant Polk County Attorney John Judisch. He told her that she was being summoned to court at 1:45 that afternoon. Judisch told her that he now couldn't represent grandma!!! We all went with her, as well as a few other friends and associates. Again, Patricia, Judisch, and Judge Klotz were the only ones allowed in the chambers. This time Patricia was being threatened...While they were in there, I called up a prominant Des Moines Trial Lawyer and told him what was going on. As soon as I mentioned that the county attorney was contesting grandma's right to have a lawyer of her choice, he said that such a practice would violate the 6th AMENDMENT!!! (for those of you who are interested, see Johnson v. Zerbst). Now they told Patricia that she was not allowed to go out to Fleur Heights to see grandma, and that a court appointed "guardian ad litem" would make the determination of whether or not Patricia representing my grandma is in her "best interests"! I must say, this has got to be one of the grossest violations of a citizen's rights I've heard of. As we were leaving the court house, Patricia told us that Judisch had said that Grandma could once again have visitors...but only certain people. Patricia, my mom, reporters, and of course myself, are on the "black list". So, my oldest son John Jr. and our frieind Vicki went out to see her. This is the first time she's seen any family since Judisch got my mom banned from seeing her on April 7th. When they went into the facility, they were told that they would have to "sign in" to see grandma. Vicki told them that she didn't have to sign anything. She also commented about the strong scent of urine in the Fleur Heights facility. Vicki was promptly told to leave the facility by an administrator. This upset my grandma tremendously. John Jr. went ahead and signed in, and visited with grandma. Johnny said that she was very happy to see her. As we have found out, it was John Judisch, who instructed Fleur Heights to have people who visit grandma sign in because he wants the list to be able to show that grandma is being allowed visitors. My my, isn't he a crafty one? I think it is interesting how Patricia was "permitted" to represent grandma at the morning hearing...but once she actually stood up for the rights of my grandma, and made it clear that what the DHS is doing is WRONG, Judisch set out to get her removed from the case! For me this whole mess has just been surreal. This is the sort of thing that you might read about happening in some third world country where human rights violations are common place. It is no exaggeration to refer to John Judisch, Nan Horvat, and all their little DHS minions like Paula Walzer and Theresa Dalton, as the "Granny Gestapo". As soon as these "people" are faced with an attorney who actually has the fortitude to stand up for what she believes in, they try to attack HER!!! Is this not America? These people clearly have no respect for the principles upon which our nation was founded, and this must stop. No one should have to endure such unwarranted persecution.
Please Contact John JUDISCH and tell him what he is doing is WRONG!!! JUDISCH: (515) 323-5341 OR email: jjudis@attorney.co.polk.ia.us TELL EVERYONE YOU KNOW WHAT'S GOING ON HERE IN DES MOINES, IOWA!
FRIDAY APRIL 28th: Today, I made contact with the court-appointed "guardian ad litem" JESSICA CHANDLER. Our conversation was brief and consisted of her trying to get information for the County Attorney John Judisch. She is supposed to be an impartial advocate for my grandmother, and yet, she is working for them...I came to this conclusion because of the nature of her questions, and her demeanor. I repeatedly tried to tell her about the drug SEROQUEL and that the doctor had recommend it for my Grandma despite the fact that the information we got from the pharmacy said that you shouldn't administer it to anyone with diabetes or a heart condition...both of which my grandma has. All CHANDLER was concerned with was how the media got involved in this case. She tried to grill me on who initiated contact...I said, "you tell me." She continued to inturrupt me as I tried to explain to her that the drug would be very dangerous for my grandmother but all she seemed to be concerned with was how the media got involved; and who initiated contact... This is yet another terrifying aspect of what's going on with the DHS, John Judisch, and the rest of the Granny Gestapo...Just as we thought, this appointed attorney, Chandler is indeed part of their network. There is no other explanation for why she would be so concerned with who initiated contact with the media. On the contrary, if Chandler was really concerned with my Grandma's well-being, she would be glad the media is involved. I know I am...the public needs to know what's going on. Monday May 1st: Chandler filed her "report" with the court. It is her position that my grandma's family should not have contact with her, and she is enforcing this. There are numerous errors, distortions, and omissions, in this report, which beg the questions..."Who is Chandler working for anyway? How exactly was she picked...How many of these 'guardian ad litem' cases has she, and other members of her law firm (Taylor Law) handled?" She certainly does not seem to be concerned with my Grandma's well-being. Remember when I spoke with her on the 28th, she was primarily concerned with how the media got involved in the case, and who initiated contact with them...She seemed to be doing detective work for Judisch. Before she even met grandma, she took a very aggressive posture and was very antagonistic to both me and my grandma's attorney Patty. Patty filed two motions on Monday: Appearance notice of contest request for court order for family contact and medication concern; and one for: Request for contact with Grandma.
FRIDAY MAY 5TH: Well, today was interesting.There was a hearing in the late afternoon. Once again, no family members were allowed in the "court room"...It's interesting to note that they do let the DHS representatives in there which hardly seems fair. This is yet another example of the "Kangaroo" nature of these proceedings. Patty, Judisch, Chandler, Klotz, and Paula Walzer (DHS) were in the court room, along with a court reporter.... Patty filed a motion to quash the injunctive order on my mother and myself earlier in the afternoon. Anyway, the Gestapo won yet another round, but some interesting things transpired... During the hearing, Patty brought up some of the inconsistencies in the case...probably most notable, is the fact that the DHS report doesn't come close to matching the report of the Ambulance Drivers...If you look at the Ambulance Drivers' report, they mention what appears to be a stain of feces on her mattress...and that she was vomiting...If you look at the report of the DHS, they have her as lying in her Vomit, feces, and urine...and the implication is that this has been the case for a long period of time (even though she was at my house on Christmas just 3 days before!!!)...When Patty told the judge that these didn't match, Judge KLOTZ told her, "that is your opinion"...CAN YOU BELIEVE THAT??? It's all in the paper work...in black and white!!! Patty even encouraged the judge to look at the facts, and not the distortions or the embellishments...the judge then began inturrupting Patty, telling her to hurry up...There is no doubt in my mind, that either KLOTZ is "in on it", or she is incompetent. I'm tired of these animals disrespecting Patty. She is without a doubt, the MOST DEDICATED Attorney I've ever met...She is a credit to the legal profession. Later, we found something even more interesting...In the DHS report, they quote a section of the EMS report...but, they leave a very important piece out. The piece that is left out has to do with giving grandma Phenagran and refers how alert my grandma was when they gave it to her. Of course, they left this out because it would support our position...She WAS alert when they arrived, and Phenagran has the side effect of causing confusion and delirium...which accounts for her seeming "out of it" later at the hospital...a doctor even verifys this in her medical records from Mercy Hospital!!! Oh, and it gets even better, in the EMS report, they mention that "initially patient did not appear to be breathing"...well, she did have some labored breathing!!! But get this, in the affidavit signed by Paula Walzer to get the original order, she states,"the emergency medical staff believed she was in fact dead"!!!!...that is NOT in the EMS Report!!!... it says that "initially the patient appeared not to be breathing"...(that does not mean the same thing...people are very often resuscitated!!!....) And besides, the key word here is "initially"...as in when they first walked in...(AND REMEMBER THE INFORMATION THE DHS OMITTED FROM THEIR REPORT!!!) What's even more interesting, is when you look at the DHS report, under the entry for 12/28/06, it states, "the nurse [at Mercy] indicated that grandma's blood pressure was fluctuating, BUT SHE DID NOT GIVE THE IMPRESSION SHE WAS NEAR DEATH!!!" So, not only do they contradict themselves in the petitions submitted to the court, they even contradict themselves in their own reports!...yet these people are in charge of the safety of others??? ...A frightening fact.
Lying to the court, is one of the most serious violations an attorney can commit!!! I think they are very worried that these improprieties will come to light...ANY MEMBER OF THE PUBLIC CAN VIEW THE FILE (Case# GC 54739) AND EVEN PURCHASE COPIES AT 50 CENTS PER PAGE IF THEY LIKE) ...If the file room doesn't have it, they will tell you who does. If the KLOTZ has it, just go up to room 402 and ask to see it (see her secretary Linda). I encourage all members of the public to check this out for themselves. If you take the time to read through everything, you will see all the inconsistencies, omissions, and lies which have led to this horrific episode in my grandma's life...
...IF ANYONE WOULD LIKE A COPY OF THE DHS REPORT AND THE EMS REPORT TO COMPARE, JUST LET ME KNOW AND I'LL MAKE YOU A COPY...It is important that people know how this system operates It is very dangerous for society to allow these practices to continue. The preservation of our constitutional rights, depend upon the integrity of those in the legal profession. I believe that the DHS, Judisch and Horvat have violated the public confidence, and indeed the law by pursuing this case, and allowing the continued abuse of my grandma by the state. Why would they knowingly submit false affidavits to the Judge? Why does Judisch continue on this path? Why can't he see the error of his ways and do the right thing? Even if he simply neglected to read all the reports, and just "rubber stamped" the petitions, that is no excuse. It is perhaps even worse, because that would mean he doesn't even care enough to review the facts. ...Either way, I believe that Horvat and JUDISCH are NOT FIT TO BE ATTORNEYS, LET ALONE AN ASSISTANT COUNTY ATTORNEYS.
These facts even speak worse of Judisch, because he has had far more time to become familiar with the facts of this case, and yet it seems his fear and his pride will not allow him to correct this awful injustice. The first and foremost job of any prosecutor, is to see to it that justice is done...yet, it appears that his only concern is win at all costs. Remember, at this last hearing, the DHS was in the court room, but not the family. These procedings are not only contradictory to the ideals upon which our nation was founded, but they are done in secret to prevent the public from finding out about them. Before doing anything else, JUDISCH needs to acknowledge that he has an unwilling "victim".
Shortly after the hearing, we were all out in front of the court house talking, and THE county attorney, JOHN SARCONE came walking down the sidewalk to his car. Patty approached him and told him what transpired in Klotz's court...he told her that "his people don't lie"...Now, this is pretty much the kind of response one might expect from him...after all..being an ELECTED OFFICIAL, he's more of a politician than an attorney...What I can't understand, is how a person who is entrusted with a position such as his, can just stand by, and watch one of his employees violate the civil rights of an innocent, 88 year old woman. I had my video camera with me at this time, and called out to him saying, "Mr. Sarcone, why can't my grandma come home?" I repeated myself... he just ignored me, got into his car, and left. I should point out that several days ago, he commented to my attorney, and Patty that he wanted this website taken down!!! Why do you suppose that is? When this story aired on the 10:00 news the other day, the DHS refused to comment on the case...To my knowledge Sarcone has not officially commented on it either...Doesn't this seem odd? Why, if they were doing the "right thing", would they hesitate to comment on the case? The only answer I can come up with, is that they know they are doing wrong...they know the record speaks for itself...and they know that WE THE PEOPLE WILL NOT TOLERATE IT!!!
Tuesday May 9th: Chief Judge Arthur Gamble took Judge Klotz off of the case, and assigned it to District Court Judge Joel Novak, by Special Appointment.
Thursday May 11th: Today, I filed two motions. One is a motion to quash the injunctions against my mother and I having any personal contact with Grandma. The second, is a motion to Intervene, and Order for Grandma to attend my graduation ceremony at Drake University. I handed these to Judge Novak at 4:20 pm. Unfortunately, he indicated that he had not yet reviewed my Grandma's file, and that he would not have time this week to have a hearing on the matter. This of course would mean that Grandma would not be able to attend my graduation, which she has looked forward to for years.
Friday May 12th: This morning, both Patty, and myself went in to see the judge around 8:30 am. Judge Novak was decent enough to allow us about five minutes (despite the fact that his schedule was very busy) to discuss the matter of visitation with grandma for mother's day on the record, provided that we could get Judisch and Chandler there. He did however, say that he would not make a ruling on the matter, unless the parties made an agreement, since he had just gotten the file, had not had ample time to review it, and there were already other cases scheduled today. Of course, both Judisch, and Chandler refused to allow my Grandmother any visitation (let alone attend my graduation). They even refused a five minute supervised visit between my grandmother and my mom, for mother's day! Evidently, neither Judisch nor Chandler regard the relationship between a mother and child as sacred. I can only speculate that this is be due to their being hatched rather than born! Judisch even looked at me and sort of smirked as if to say, "ha ha, you're grandmother WON'T be coming to your graduation!" ...Very sad.
Saturday May 14th (Mother's Day): Today was bittersweet. It's mother's day, it's graduation day, and no Grandma. To be perfectly frank, I wasn't terribly enthused with going through with the ceremony, and walking across the stage, without her there. I only did because we had already invited many relatives from out of state, and plans had already been made in advance. My mom spent most of the day crying, as this is the first Mother's day EVER, that she has not had contact with my Grandmother. As for me, I was rather "down in the dumps" as well. It just didn't seem legitimate, without my grandma there to share in the event with us. To add insult to injury, Actress Cloris Leachman was presented with an honorary degree during the ceremony. She is one of my grandma's favorite entertainers, which would have made the experience even more unique. When one thinks of all the family events, and holidays that JUDISCH, CHANDLER, and WALZER have robbed my grandma and our family of, it just makes me sick. I have spent many sleepless nights worrying about my grandma and feeling so sad that she has been ripped away from us. Due to the fact that I was so busy with trial preparation, and actually being present all day, every day of the trial, the time I could spend updating the website was limited. Numerous interesting things took place during the trial, for which I have transcripts. However, at this point, suffice to say that the trial went well, and Judge Novak dismissed the case allowing grandma to return home. Then, just 4 days later, Assistant Polk County Attorney John Judisch, filed a motion to reconsider the dismissal. For a look at events that have taken place beyond May 14th, click here.
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