Found Deceased MO - Carl DeBrodie, 31, Fulton, disabled, beaten to death, encased in concrete, 17 Apr 2017 *Arrests

Discussion in 'Trials' started by LisaWL7TR, Apr 21, 2017.

  1. inmyhumbleopinion

    inmyhumbleopinion #NeverGivingUp

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    What you said makes perfect sense, Laughing, since per the plea agreement, the government’s case against DeLap only concerns what she received from Medicaid:

    “However, the United States has determined that the defendant, to defraud Medicaid, only received $2,500 during the scheme. Therefore, the United States is seeking a money judgment in the amount of $2,500 from the defendant Melissa Denise DeLap.”

    Thank you for pointing this out.
     


  2. mpnola

    mpnola Well-Known Member

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    Yeah, I mentioned from the beginning that I felt like medicaid fraud will be an added layer to this. And hopefully a way to punish those that they feel have a weak criminal case otherwise. The reason Medicaid can go after is because mass amounts of documentation is required for Medicaid funding. So, you know not only daily, but in some cases every 2 hours what was going on with a person. They would have to falsify a lot of documents! And all of that, Medicaid wants their money back. They will take money back for an hour overpaid, so they won't let months of billing stay fornsomeone who didn't actually see the client. Medicaid pays a massive amount of money to provide care. It's actually one of the few things that I think is done pretty well. And I personally always liked the threat of medicaid to hang over my staff's heads! "If you falsify your documents, you not only have to deal with me catching you, but you will have to deal with medicaid and the state for lying on official documents!" :) In those facilities, documentation is everything. And you literally document everything they do almost all day long....... it's the biggest reverse diary no one would ever want.
     
  3. jggordo

    jggordo Well-Known Member

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    It is actually 1.4 miles from Fulton State Hospital. It's OUTRAGEOUS. So the State has NO responsibility in this matter? Why NOT? Why is it that Carl's Civil Rights were not violated? I'm no Attorney but SOMEONE needs to get one...and State's Attorney General aint it.
    JMO

    Fulton State Hospital, authorized in 1847 and opened in 1851, is the oldest public mental health facility west of the Mississippi River. The hospital is certified by the Centers for Medicare and Medicaid Services (CMS), and has been accredited by The Joint Commission (TJC) since 1984.

    Fulton State Hospital
     
  4. GarAndTeed

    GarAndTeed Well-Known Member

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    Ok, I'm WAY out on a limb here, but I took law classes years ago (I was going to be a paralegal, but legal research was just horrid-for me-anyway...). I did a long paper on this case. I have Kenneth Donaldson's book somewhere, as well as my paper. I realize this doesn't mesh with Carl's situation, but it was a landmark Supreme Court case, and if you read the link (and reading the actual ruling wouldn't hurt), it states that: <snip>
    Second, O'Connor v Donaldson held that state hospital officials were liable to pay damages if their actions violated the constitutional rights of the patient. In the case of Donaldson, Dr. J. B. O'Connor, the director of the Florida State Hospital where Donaldson resided, could be held liable for his refusal to release Donaldson, provide him with legal counsel, and offer him any viable treatment.

    Read more: O'Connor v. Donaldson - Significance - Rights, Court, Patients, and Mentally - JRank Articles O'Connor v. Donaldson - Significance <snip>
    Are there any lawyers who've followed this case? It would seem that a USSC ruling that state hospital officials were/are liable would override state law. How can the employees not be held responsible? @jggordo , do you have any insight on how this cluster <censored> got passed into law? (I'm referring to the great info @inmyhumbleopinion researched about how the state and feds are immune because of some crazy laws)? I'd love any feedback, if I'm making any sense at all...
    Thanks!
    O'Connor v. Donaldson - Significance
     
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  5. GarAndTeed

    GarAndTeed Well-Known Member

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    One more thing- I remembered this term (writ of certiorari- not that I can pronounce it or anything). So I found another link, which gives a better overview of the case. I think.
    Oh, the case went to the Supreme Court in 1975, so this refers to court proceedings before that.
    493 F2d 507 Donaldson v. J B O'Connor | OpenJurist
    I've only skimmed this, but it's interesting that the doctors are appealing the jury verdict. There's also an excerpt of K. Donaldson's testimony. I'll tape my fingers together now!
     
  6. jggordo

    jggordo Well-Known Member

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    It is my understanding of this that the Attorney General (should he have the gonads) could waive this immunity. Should he do this and the public in general follow the outrage of this case it would help him in his endeavor to be elected to the office he seeks, IMO. Instead traveling all over the State campaigning for that office instead of doing the one he just got elected for less than two years ago.

    To win a lawsuit of this kind it takes Attorneys with fire in the belly and true passion for the outrageous acts done by these people. It also takes a financial investment of time and money to withstand the dragging out of the State who has plenty of Attorneys on staff 24/7. Instead a quick settlement was made for a nominal amount of money, leaving Carl's rights as a Human Being in the wake. Quite frankly we as a People would not allow a pet to be treated this way by those in an animal shelter! There would be hell to pay! As it SHOULD BE here!

    JMO
     
    Last edited: Oct 15, 2018
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  7. mpnola

    mpnola Well-Known Member

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    I can't say if it is the same everywhere, but I can tell you how my home was run. So, the state hospital wouldn't have anything to do with his oversight. People are usually either recipients of services from community based services (group/ community homes, independent living, respite care) or they live in the state hospital. Only the most severe cases still live and get services from the hospital. Other than maybe a mental health checkup.

    The state is responsible, though. Just not the state hospital. Most states have regional offices. The regional office keeps packets of recipients wanting placement. The providers review the pcakes and interview those they feel they can serve, when they have a vacancy. So, the state knows who the person is, has referred them to the agency and participates in the planning process. Any big issues with the client, you have to call the regional rep and let them know. I can't say the regional office visited every client quarterly, except those who were under certain circumstances, but I can't remember.

    In addition to the state offices on the regional level, the actual state auditors came in once a year. They audited all books, medication, programs, as well as interviewed each client alone, without staff present. They stay for about 3 days and it is exhausting. They watch everyyhing you do. What you teach, how you teach, what you cook, how you cook, they take the temperature of the food and time how long it is on the table before consumed. It. Is. Intense!! And all the while, they run you ragged asking for tons of pieces of paper and documentation.

    In addition to Aaallll of that, they have appointments that are required on scheduled basis. Dental (usually every 3 or 6 months), nutrition every 3 months, nursing minimum every 3 months, usually monthly, psychological every year or up to 3, psychiatrist if needed, optometrist, hearing, general physician usually every 3 or 6 months.... and the weirdest to me, they go to a day program, work or school mostly 5 days a week. So, where was he supposed to be all week? No none there knew he wasn't showing up?

    Anyway, point being, there are state agencies and oversight. They are not there daily. The hospital likely didn't do anything wrong. But many many many people did. And they all need to be held accountable. ESPECIALLY since he was interdicted. That blows my.mind. The Guardian should be in some seriously hot water. Someone got his rights removed and placed with someone else. That someone else let.him die without knowing for months. Not ok on any level. He was basically handed to someone to care for like a child. He was deemed unfit to make decisions for himself. And he was still lost in the crowd. That blows my mind. If yall only knew how odd it is to get rights removed and how involved legal guardians are in everything you do, since there aren't many of them.
     
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  8. inmyhumbleopinion

    inmyhumbleopinion #NeverGivingUp

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    RSBM for focus

    Strongly agree. As a layperson, it seems to me that those multiple layers of protection are there to prevent maltreatment and abuse, and in Carl’s case, they all failed. Not single one of the people taxpayers pay to protect those in similar situations took notice (or at least so they claim) for six months.

    I’m starting to wonder if no one said anything for so long because some of those responsible for Carl’s wellbeing were lining their own pockets with funds that were supposed to go towards his care. If so, it wouldn’t surprise me at all. One has already pleaded guilty to doing exactly that after all.
     
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  9. jggordo

    jggordo Well-Known Member

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    The main reason I bring up the State Hospital is not as being in any way responsible for his death, but to show just how close there were alternatives for him during these last 10 years of his life. My Brother was an administrator at that hospital until his retirement. They have and offer continuing education classes and courses for caregivers such as the ones that were to care for Carl. More importantly for those that the State pays to oversee such cases as his. The State and the Courts who were to oversee his care had OPTIONS in this case and CHOSE not to seek them out or use them. His case did not fall through the cracks...it was RUBBER STAMPED TO DEATH.

    JMO
     
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  10. jggordo

    jggordo Well-Known Member

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    Four defendants in DeBrodie civil lawsuit dismissed

    According to documents filed in federal court, a judge dismissed Julia Kaufmann, Tiffany Keipp, Robin Rees-Love and Karen Digh Allen from the case.

    Kaufmann and Keip were working for Callaway County Special Services at the time of DeBrodie's death, and Rees-Love and Allen were working for the Callaway County Public Administrator's Office.

    Four defendants in DeBrodie civil lawsuit dismissed

    I read this article four times and still don't understand it.
     
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  11. inmyhumbleopinion

    inmyhumbleopinion #NeverGivingUp

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    Same!!

    So I looked at the case docket and the judge’s order (first attachment). I think the article is somewhat misleading and gives the impression that the lawsuit has been dropped against the four individuals.

    Instead, the order given by the judge yesterday simply confirms the earlier reports that the parties in the case have been working to reach a settlement, and it appears terms have been agreed to by the plaintiffs and the four defendants, resulting in a “Stipulation of Dismissal” being filed by all parties involved (second attachment).

    With the settlement conference currently scheduled for November 13th, I wonder how the negotiations between the remaining defendants and the plaintiffs are going.
     

    Attached Files:

  12. jggordo

    jggordo Well-Known Member

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    Thank you for helping clarify the article. I have to admit that my being just plain mad about all these dismissals was clouding any possible understanding I MAY have.

    grrrrr
     
  13. inmyhumbleopinion

    inmyhumbleopinion #NeverGivingUp

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    You are welcome, and thank YOU for keeping all of us updated on Carl’s case.

    I just found an article that does a much better job of explaining what this is all about:

    “Callaway County officials and special service agency employees have been dismissed from the civil rights lawsuit filed by the mother of Carl DeBrodie, a disabled Fulton man found in 2017 dead and encased in concrete.

    Court filings in U.S. District Court Western District of Missouri show Callaway County Public Administrator Karen Digh Allen and her employee Robin Rees Love were terminated Monday from the litigation. Callaway County Special Services director Julia Kaufmann and her employee Tiffany Keipp, DeBrodie's case manager, were also dismissed.

    DeBrodie family attorney Rudy Veit said the dismissals were ‘all part of the settlement’ agreement reached in September. The details of the agreement have not been made public. A settlement conference is set for 9:30 a.m. Nov. 13 before U.S. District Judge Doug Harpool.

    The dismissals were agreed to by both parties and made with prejudice, barring future actions on the claim, according to an order signed Monday by Harpool. Messages seeking comment left with attorneys representing the dismissed parties were not immediately returned.

    [SBM]

    While Callaway County Special Services and Callaway County Public Administrator employees have been dismissed from the suit, nothing in court filings indicates a dismissal of those entities. Second Chance Homes of Fulton LLC, owner Rachel Rowden, manager Sherry Paulo and employee Anthony Flores are still included in the litigation.

    Paulo, Flores and several others are also facing criminal charges in DeBrodie's death and trial dates are set for November and December. Details of the criminal investigation were not made publicly available since charges were brought by a grand jury.“ (BBM)

    More at the link:

    https://www.google.com/amp/www.columbiatribune.com/news/20181023/callaway-county-officials-dismissed-from-debrodie-lawsuit?template=ampart
     
    Last edited: Oct 25, 2018
  14. jggordo

    jggordo Well-Known Member

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    Former caregivers join DeBrodie settlement

    Mary and Bryan Martin reached an agreement with Carolyn Summers, mother of Carl DeBrodie, and other plaintiffs in the case seeking damages for his death. DeBrodie's body was found encased in concrete in a Fulton storage unit in April 2017 after he was reported missing from the Second Chance group home.

    Former caregivers join DeBrodie settlement
     
  15. inmyhumbleopinion

    inmyhumbleopinion #NeverGivingUp

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    “A federal judge is expected to sign a settlement between the family of Carl DeBrodie and several Callaway County agencies.

    The parties involved held a settlement conference Tuesday morning in Jefferson City. Rudy Veit, an attorney representing DeBrodie's mother, Carolyn Summers, said the judge would sign the settlement.

    [SBM]

    Veit would not reveal the exact dollar amount agreed to in the settlement, but said it was enough to help Summers for the rest of her life. Payments will be made periodically from the agencies involved, with some money going toward organizations that helped DeBrodie while he lived. Those include the Special Learning Center in Jefferson City and Wonderland Camp in Rocky Mount.

    [SBM]

    ‘We have reached a settlement of a significant amount sufficient to send a warning to all homes, and anyone who's caring for the well being of another, that their actions or inactions will suffer consequences,’ Veit told ABC 17 News.

    Veit said the parties agreed not to discuss the exact amount of the settlement. He said that keeps Summers safe from potential scam artists.”
    Judge could soon sign settlement in DeBrodie lawsuit
     
  16. Tssiemer

    Tssiemer Well-Known Member

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    But there’s still criminal charges right??!!
     
  17. jggordo

    jggordo Well-Known Member

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    Judge approves settlement in DeBrodie lawsuit

    Five people still face charges related to DeBrodie's death. Sherry Paulo, who is charged with involuntary manslaughter and four other charges, faces a Dec. 19 trial.

    The settlement also notes that Summers' family plans to use some money to give an unnamed nonprofit organization "to provide for the needs of [DeBrodie's] sister and potential others in need of support." Rudy Veit, attorney for Summers, told ABC 17 News last month that they planned on giving some money to local organizations that helped DeBrodie during his life.

    Attorneys with Carson & Coil, the law firm that represented Summers, will get $3,340.84 as part of the settlement for fees and expenses.

    Attorneys with Carson & Coil, the law firm that represented Summers, will get $3,340.84 as part of the settlement for fees and expenses.

    Attorneys with Carson & Coil, the law firm that represented Summers, will get $3,340.84 as part of the settlement for fees and expenses.

    Judge approves settlement in DeBrodie lawsuit
     
  18. JimmyPerez

    JimmyPerez Verified Attorney

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  19. jggordo

    jggordo Well-Known Member

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    Three defendants in DeBrodie case have trial dates set

    Anthony R. Flores, 58, is scheduled for trial next March 27. He was indicted for three felonies, including client neglect, involuntary manslaughter, and abandonment of a corpse.

    Anthony R.K. Flores, 32, and Shaina A. Osborne, 29, are scheduled in court on February 28.

    The younger Flores and Osborne face misdemeanors for making a false report of a missing person.

    Three defendants in DeBrodie case have trial dates set

    IMO it sickens me that after even this brief time the media makes these reports so very casual. I don't know what we are to do about only copying 10% of a report when the report is only 2-3 one or two sentence paragraphs.
     
  20. JerseyGirl

    JerseyGirl Staff Member Staff Member Forum Coordinators

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    [​IMG]

    Trial dates set for three in DeBrodie case

    Shaina Osborne is set to go to trial Feb. 28 on a charge of making a false report about a missing person.

    Anthony R. Flores is set for trial March 27 on charges of involuntary manslaughter, abandoning a corpse and making a false report about a missing person.

    Anthony R.K. Flores is set for trial March 28 on charges of making a false report.
     

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