Records show that the defendant was arrested in Dec of 2009 after an indictment was handed down on 11/12/2009. Without adieu, the Sheriff’s finest quickly had the accused in custody. Hearing after hearing the defendant and her husband appeared first before Judge Bradly Soos and then Judge Janna L. Vanderpool.
In early 2010, as the defendant was getting ready for a pre-trial hearing, she had caught pneumonia that went untreated. On the morning of the court hearing, the defendant suffered a seizure resulting in a fall on a hardwood floor followed by respiratory failure. In route to the hospital the defendant fell into a coma that would last for over a week. In the interim, it was court as usual. Once the defendant appeared in court several weeks later, it was apparent to me and a few other Juris students there that day noted the the defendant was far from the woman that initially appeared. She presented with a severe stutter, motor skill impediment, a very noticeable difference in attention span and the lack of recognition of her own name when she was called to come forth.
Noting the challenges, her lawyer asked for a Rule 11 under the criminal code which is designed to measure a persons competency to stand trial. The motion was granted and the defendant was ordered to a state psychologist to see of there was a need for a full Rule 11. It took 2 visits to this psychologist and the defendant’s husband putting his foot down did the state appointed psychologist find the need for a full blown competency review. Another psychologist and a psychiatrist examined the defendant. Although the results were never revealed in open court, it stood to reason that the psychologist for the prosecution and the psychiatrist for the defense came up with 2 very different conclusions.
Retrieving paperwork from the hospital proved to be a huge challenge for the defense attorney. It would take a subpoena, a subpoena that would never come. In investigating this case, I found out that no subpoena’s were issued to the private healthcare providers that cared for the defendant or any other of the other private entities that knew her issues. The defendant’s spouse hand delivered what paperwork he could get his hands on without a subpoena.
Even though the term “traumatic brain injury" secondary to a fall related to pneumonia and "Anoxia" was documented, the prosecution and the Judge were not satisfied. Instead, the Judge removed the defendant from her home, (where she had full-time caregivers and was entitled to out patient restoration because she was out on bond) the Judge opted to remand her to the Arizona State Hospital at the going rate of $45,000 per month paid by the tax payers.
Of course this was an involuntary admission. Subsequent Minute Entry's would deem the defendant as a "threat to society". I had attended many of the hearings and that statement just wasn't true! Over the next 7 weeks, it’s my understanding that the defendant did her very best to help the psych team and even though she still suffered from recall issues and confusion, she was declared competent to stand trial.
On May 23, 2011, she stood in front of Dwight Callahan (Vanderpool had taken a personal leave) and hastily she was ruled competent. After the hearing, I approached the husband in order to ask if I could use the proceedings for my final paper. Even though I am not a medical doctor or a psych doctor, it was very clear to me that there was no way in hell this woman had it together. She spoke jibberish, she kept trying to leave the building unaccompanied and she randomly slapped her husband on the arm and shoulder in clearly what could be described as high level anxiety and frustration. A new court date to enter a plea or to set a trial date is scheduled for June 20, 2011.
I can honestly say I am far from impressed with the defendant’s defense team. The prosecution was/is very aggressive and the defense team quite lacksidasical. I went home and did some research on the defendant’s attorney and read some pretty rotten reviews. Probably the most damaging testimony was that of Chris Stavris (with his attorney wife in a close second) of Starvris Law Firm, LLC. Over and over again I read that this husband and wife team do nothing but plead out cases making an easy buck by scaring the bejeezus out of their clientele.
The defendant’s husband told me that the defense team was missing critical paperwork dating back to January 2008. The defendant’s husband also told me that the female lawyer told him, that she had never had a Rule 11 go as far as this one, so she really didn’t know what to do and ultimately left the defendant at the mercy of the court.
A Guardian Ad Litem was appointed in an effort to facilitate critical paperwork. Unbelievably, the Ad Litem asked to be dismissed without even reaching out the defendant’s husband or make an attempt to see the defendant for himself. The sudden departure of the Ad Litem was very distressing for the husband, because he did not know that one had accepted the case. Isn’t an AD Litem’s job is to work for the betterment and a neutral party for the courts?
The husband also revealed to me that they had missed a court date in February because the lawyer had neglected to notify him. The court date before that and when the defendant was scheduled to appear, she was being seen by her physician for a new onset of pneumonia. The Judge waived the defendant’s January appearance. I am to assume that it was at the February hearing that the Ad Litem was assigned. People of the gallery have no way to know if that was the case without direct questioning of the Judge and the lawyers involved.
When the husband appeared at the hearing of March 23, 2011 with his wife's supporters in tow, Vanderpool was rude, demeaning and really didn't give a d**n about justice. The lame attorney did not appear in person, instead she spoke telephonically. Vanderpool was there to wave the mighty sword of her PERCEIVED justice and to invoke what I call "Vanderpool Law." She broke rules to enforce her made up rules.
I am outraged and disgusted with the Judicial system when they rush to judgment. The husband was able to prove to me most recently through (5/25/2011) documentation, the defendant’s private health care team state there is no way this woman is competent to accept a plea based on an evaluation that was completed on 5/16/2011 (I don’t think she did what she has been accused of) or to go to trial.
Today, I received a call from the defendant’s husband who told me that Chris Stavris is going to withdraw from the case for “ethical” reasons, however, the husband’s dogged determination to prove the defense has not done there job thoroughly leaves questions unanswered about the only thing “ethical” that has transpired and that is the lack of follow through by the defense attorney’s and the extreme sweeping of important issues under the metaphorical rug.
It saddens me to see people, especially “innocent until proven guilty,” herded through the court system with their rights being trampled on left and right. This state is so hard up for money, yet they have spent over $100K of tax payer money on this case alone in an effort to prosecute for $2500.
Even though there is documentation in place to show that the defendant is no where near competent, Kristy Hunt, prosecutor, has labeled the defendant a liar by using the term “malingering”. I have watched this defendant. She is far from malingering. Her husband told me and I quote with his permission, “it’s as if she’s locked up in her head and becomes frustrated and agitated because she cannot communicate her needs effectively.” Dr. Vega perceived this to be exaggerated gestures. I do not believe for one moment that exaggeration is the defendant’s intent. Instead, I see a woman who has little quality of life left. She tries to communicate what her brain says to her but her verbal skills and inability to process her thoughts lead to total aggravation.
I noted at the last hearing, the defendant’s brothers and a girl friend to one of the brother’s were in court on that date. I watched their reaction as the Judge deemed the defendant “competent”. They reminded me of sharks circling for the kill. Disgusting.
Judge Vanderpool and Kristy Hunt along with the Stavris’ is what is wrong with our judicial system and mental health system. With the latter said, the defendant was discharged from the state hospital to stand in front of Judge Callahan. The Judge was not familiar with the report, however the clerk presented it to him and in a matter of minutes, the Judge was able to ascertain the defendant did not belong in a psych institution. Her behavior and regressed skills are attributed to her head injury therefore her issues are MEDICAL something that I have observed her husband trying to tell these idiots all along.
We all know that the public defense attorney’s, the prosecutor and the Judge’s hang together, stroking one another’s ego after hours. No defense attorney that accepts their bread and butter as a state employee dare buck the system. I firmly believe that this defendant has fallen victim to this mentality. If she has, how many more have been subjected to the same? The irony in this is the web site for the defense attorney, Chris Stavris’ boast ties and legal work to the “Innocent Project”.
Here it is. Our hard earned tax payer dollars at work, funding in-competency and total disregard for not only the law, the Constitution but human suffering as well. True, we are a wasteful nation. But 100K for 2500K? C’mon on! Before I end this blog, I just want to say that I did hear Vanderpool state during the March 23, 2011 hearing, that it was SHE who was footing the bill for the Arizona State Hospital stay when in fact, I have news for her. It’s the TAX PAYERS! How’s that for arrogance? The mere mention of Kristy Hunt makes me nauseous. Her ability to lie to the court leaves me boggled and for the Judge to accept that as Gospel is worse. Our judicial system is crippled beyond belief. Corruption and abuse of power runs rampant. The “good ol’ boy, you scratch my back and I’ll scratch yours” mind set is alive and well in Pinal County.
Know that the defendant’s husband is now seeking guardianship in an effort to get due process for his wife. It couldn't come at a better time. This woman can in no way make a logical and safe decision much less make sense at a trial or understand a plea agreement both of which need to be removed from the play box.
I’m inviting discussion. I will most certainly keep this thread informed with new developments!
Kari
Hello Everyone!
Here is your update on this most tragic case. The defendant and her spouse once again appeared before Judge Janna L. Vanderpool on the 11th of July. The defendant was weepy, anxious, tried to get up and leave the court room many times while waiting for her name to be called. When it was called, she sat there with a blank look on her face and it was her husband who had to lead her to the gate and the new attorney led her the rest of the way. While standing there, you could see the panic creep up on this woman as she started to search for her husband, the only familiar thing to her there.
What I learned at this hearing was not only had the old defense team failed to collect critical medical paperwork from the hospital after her fall in March of 2010 but the attorney also failed in getting the bank records that would show what actually took place. I have also since learned this whole mess started over a failed business venture in 2007.
I was outraged when I learned that the defendant's new attorney had to argue with the prosecutor to keep a plea deal on the table when none of the tell all paperwork had been received. Now for the dilemma that my research has shown me and that there is no way the defendant can understand the legalities of a plea deal nor could she assist with her defense. I also found out the amount of money involved here is $600 NOT the $2500 as originally reported.
To complicate matters further, the defendant's father passed away at the beginning of June. I went to extend my condolences and I was met with a frightening look followed by a blank stare. She immediately turned to her husband and repeatedly asked to leave. When he wasn't moving fast enough for her she began to cry.
I did see her former defense Lawyer and typical of the Stavris Firm, Alison Stavris did not even acknowledge her former client on any level. The husband reported to me that the new attorney has said that her choices are limited. Either she's going to have to plead this out or a trial date is going to have to be set.
WHAT PART OF THIS DOES VANDERPOOL AND HUNT NOT UNDERSTAND??? The defendant is NOT competent! I was privy to the most recent medical note (dated July 8th, 2011) via the husband and CLEARLY not just one but her 2 primary doctors concur she is not of sound mind!!!!! We're talking ABOUT HER CIVIL RIGHTS!!!!! She does not have any. Ms. Hunt has stood there in past proceedings and rolled her eyes, tells the Judge that the defendant is MALINGERING and demands that the procedure move forward yet again without the critical paperwork. Hey, I'm all for that if it was possible, but it's not! It's all very cruel. The husband told me that she now has had to have a heavy sedative added to her litany of medications just to be able to get her into the family vehicle.
Yes, I am very aware of Title 42 and the defendant falls under 2 sub-categories easily! We need some help here everyone!!!!! Having botched this case from the start, the defendant has had to suffer through not only an extensive hospital stay in a coma, 4 separate trips to the DOC and be left to her own devices in sick bay IF there's a bed available and if not, she's automatically confined to solitary confinement. I was told the reason behind this was this was the DOC's way of keeping her safe from the other inmates that might take advantage of her vulnerability or worse, beat her up. She has also had to endure a 7 week stay at the Arizona State Hospital where it was finally learned that her issues were MEDICAL not MENTAL something the husband had been raising hell about all along!!
During the stay, she was observed 24/7 because her roommate was a convicted murderer by the name of Jill Manahan. She killed an elderly, confused lady in Scottsdale a few years back. Overall the defendant was the only one there that was classified as "RESTORE TO COMPETENCE". The rest of the people were known as GUILTY but INSANE.
Guess who the convicting Judge was in a large majority of these cases?????? Yep! Vanderpool! Apparently, she is the Judge that handles mental health cases and at the same time makes every effort to violate her own criminal proceedings to the letter of "what law? I will do what I want because I can!"
It was terrible to see how she treated the defendant's husband at the March 23 hearing when he stood up to speak about his wife. She told him to just sit down! Vanderpool will not allow ANYONE to speak for the defendant other then the prosecutor. Therefore, this woman has no voice! Does anyone out there have any opinions about this?!?!?!? This is so freakin' wrong!!!!!!
I'll keep the info coming. Vanderpool and Hunt need to know that the good people of Pinal County will not put up with any misconduct from a Judge and a Prosecutor who we, as TAX PAYORS, ensure their salaries! This woman is ENTITLED to CORRECT DUE PROCESS under the 8th and 14 amendment!!
Kari
