PAIR EXONERATED OF ELDER ABUSE.Byline: Karen Maeshiro Staff Writer PALMDALE - Criminal charges were dropped against an attorney and his wife who had been accused of attempting to change the will and take control of an ailing 91-year-old Palmdale man's finances. Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. Superior Court Judge Bob Bowers Bowers is a surname, and may refer to
``Our position is and always has been that this did not belong in the criminal court. This was a probate probate (prō`bāt), in law, the certification by a court that a will is valid. Probate, which is governed by various statutes in the several states of the United States, is required before the will can take effect. issue, and that's where it should have stayed,'' said Ludlow B. Creary II, attorney for Burl Looney. ``The truth is that this is the first case that I know of where somebody has been charged with criminal actions regarding a drafting of a will. Basically there's no precedent for filing criminal charges on this type of conduct.'' The judge had earlier dismissed six of the eight counts charged in the case, ruling there was insufficient probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. to have ordered the defendants to stand trial, Creary said. The six counts dismissed earlier were four counts of forgery forgery, in art forgery, in art, the false claim to authenticity for a work of art. The Nature of Forgery Because the provenance of works of art is seldom clear and because their origin is often judged by means of subtle factors, art against both defendants and two counts of eavesdropping Secretly gaining unauthorized access to confidential communications. Examples include listening to radio transmissions or using laser interferometers to reconstitute conversations by reflecting laser beams off windows that are vibrating in synchrony to the sound in the room. against Burl Looney. The remaining two counts dismissed Tuesday were attempted elder abuse Elder Abuse Definition Elder abuse is a general term used to describe harmful acts toward an elderly adult, such as physical abuse, sexual abuse, emotional or psychological abuse, financial exploitation, and neglect, including self-neglect. and attempted grand theft, Creary said. Deputy District Attorney Kimberly Leong said the Second District Court of Appeal has been asked to overturn the judge's dismissal of the first six charges. Leong said she does have the option to refile the charges if the higher court rules in her favor. ``Essentially there are charges that were dismissed that are being appealed. There is a pending appeal,'' Leong said. ``The notice of appeal was filed regarding both defendants, and the appeal could take nine months to a year.'' The case involves Joseph Wickers, who died in December 2002 at a Littlerock board-and-care home. Wickers had been married to Judy Looney's aunt, who died in 1975. Wickers eventually remarried and was widowed again. The Looneys had lived next door to Wickers in Palmdale for several years, officials said. Investigators say the only blood relative of Wickers they have been able to find is a nephew NEPHEW, dom. rel. The son of a person's brother or sister. Amb. 514; 1 Jacob's Ch. R. 207. in Utah. Investigators said Burl Looney drew up several documents changing Wickers' power of attorney, will and living trust. The new documents named Judy Looney as Wickers' attorney in fact and beneficiary of his will and established Burl Looney as trustee for the living trust. Karen Maeshiro, (661) 267-5744 karen.maeshiro(at)dailynews.com |
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