Trial Of Central Florida Couple Charged With Duping Senior In Foreclosure Out Of Home Derailed As State Lawmaker Sends Judge Improper Communication

In New Port Richey, Florida, The Tampa Tribune reports:

• Under normal circumstances, State Sen. Mike Fasano's Thursday morning fax to Circuit Judge Jack Day might have amounted to nothing more than another person's opinion about an ongoing case. Judges get them all the time.

• But this was different. Day was presiding over the trial of a couple accused of cheating 91-year-old Eloise Mudway out of her house and assets. Unlike most criminal cases, which are decided by juries, the judge alone was to determine whether Joe and Cynthia Clancy were guilty and, in the event he did, what their sentences should be.

• That made Fasano's letter(1) condemning the Clancys and suggesting they receive the harshest possible sentences grounds for a recusal, defense attorneys argued. Day granted the request, prematurely ending a trial that has been on the docket since October 2005.

• Now the case must be assigned to another judge and retried from the beginning. The case must come to trial within 90 days, unless the Clancys waive their right to a speedy trial. "This is just a shame," said Assistant State Attorney Mary Handsel as she left the courtroom.

For the rest of the story, see:

• Judge Gets Fax From Fasano, And A Trial Is Derailed,
• Woman Testifies Against Pair.

Go here, here, here, here, here, and here for other posts on elder financial abuse.

(1) According to the story, Fasano wrote: "If Joseph and Cynthia Clancy have done even half of what they are alleged to have done, they should get the strongest possible sentence. Too often we read of deadbeat individuals in this state taking advantage of our elderly residents. Enough is enough!" FinancialAbuseOfElderlyAlpha