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2008 to Date

2008 TO DATE: A SUMMARY

 

                                         

 

1. January 2008: Jewell Anderson leaves rehabilitation and asks David Anderson to agree to mediation. Again David refuses and forces Jewell back to American House. Ironically, Jewell will spend her days at her Lathrup house with her daughter Diane Anderson but will be forced to sleep at American House for the rest of 2008 to keep David happy. The expense is absurd and the emotional strain of leaving her beloved home each day leaves Jewell astonished at David’s behaviour. She repeatedly asks of her daughter and her friends, “Why has he turned on me?” David does not visit Jewell at AH for 6 weeks after denying Jewell the right to return to her Lathrup home to live.

 

2. March 2008: David and Martha Anderson through Guardian Timothy Flynn try to force Diane Anderson from Jewell’s home. Diane has lived at the San Jose home a portion of each year since 1951 and has Jewell’s permission to live there for the rest of Diane’s life. Jewell wants Diane to inherit the house, especially as Jewell’s sons and daughters-in-law are responsible for the loss of Diane’s Australian house. Timothy Flynn fails to appear at a scheduled court hearing costing Diane sizable attorney fees. Questions are raised as to whether this is due to Flynn’s incompetence or a deliberate ploy engineered with David and Martha Anderson to further drain Diane’s meager resources.

 

3. April 2008: Judge Barry Grant recuses himself after Diane Anderson files Motion for Change of Venue. Entire Oakland County Circuit/Probate Court recuses.  Citing potential bias due to David and Martha Anderson’s many contacts within the legal system in Oakland, Macomb and Wayne Counties, Diane asks the Office of the State Court Administrator to have the matter heard in Washtenaw County to avoid any perception of bias.

 

4. July 2008: Ignoring Diane Anderson’s concerns about potential bias in Wayne County (aside from David and Martha’s contacts, several of the Shame File judges who endorsed David for judge are on the Wayne County Circuit Court), Office of the State Court Administrator assigns the case to Judge David J. Syzmanski of the Wayne County Probate Court who will preside as a sitting judge of the Oakland County Probate Court. Szymanski schedules a Status Conference and then rules Diane Anderson must pay rent to live in the Lathrup home making her a tenant and thereby pre-empting the matter to be tried in August. Later Szymanski will engage in a game of semantics to suggest he did not make Diane a tenant because he did not use the word tenant.

 

5. August 2008: Hearing with Judge Szymanski.  Szymanski:

A. Rejects Diane Anderson’s Motion to have Flynn removed as Guardian/Conservator ignoring evidence that Flynn has failed to pay bills, has put Jewell in hospital three times through his negligence, has failed to maintain Jewell’s property, has violated court orders since becoming Guardian/Conservator, has allowed Jewell no say in the running of her life in violation of the provisions of EPIC, has lied to the court, in contempt of court held Jewell a prisoner in Vestaberg with no contact with her daughter or friends for 16 months, etc. There is no word of censure for any of Flynn’s failings. Instead, Szymanski says that Diane Anderson has apparently not maintained the home when in reality all of the evidence ever tendered to the court makes clear that Diane is the only person who has maintained the property. Appears to Show a predisposition by Szymanski to try to discredit Diane Anderson while seemingly giving Flynn carte blanche permission to do as he chooses.

B. Rules there is no life tenancy for Diane despite Jewell’s wishes stated repeatedly over the years and expressed in a card to Diane and affidavits presented by friends of Jewell Anderson (indicating that Jewell wants Diane to be able to live at San Jose). It is seemingly a foregone conclusion given that at the Status Conference, Szymanski had already ruled Diane a tenant indicating that he did not believe Diane had a right to go on living at San Jose as she had for a portion of each year since 1951 with her parents’ permission. Says constructive trust to create a life tenancy for Diane won’t be granted as it’s not unconscionable for Jewell to hold title to her property. Constructive trust does not have to mean that it is unconscionable for Jewell to hold title to her property. It is a form of equitable relief which can allow the court to impose a trust for the benefit of one person over assets owned by another. A life tenancy ends with the death of the life tenant (or the individual’s voluntary departure from the property) with title to the property always remaining with the original owner or their estate if the owner predeceases the life tenant. It is what Jewell wants.

[NB: Jewell was kept in isolation the day before the court hearing to “prevent coaching.” The notion of coaching someone with short term memory problems associated with early Alzheimer’s indicates a profound lack of understanding of the disease. Szymanski puts on the record that the closest he came to Alzheimer’s was his grandfather, i.e. he has no direct experience of the role of  caregiver and of the daily needs of someone fighting early Alzheimer’s. Jewell is brought to court disorientated and without her glasses (they are clear and hard to find once you set them down). She thus can’t even properly see what is going on. Szymanski says he wants to have a talk with Jewell in chambers.  He then says to spare Jewell stress, she will not testify in court. Not wanting to cross Szymanski during this first Hearing, Diane agrees and Jewell leaves. Szymanski doesn’t indicate that he will put his conversation with Jewell on the record while Jewell is in the courthouse. When Jewell is gone, Szymanski then puts on the record that he asked Jewell if anyone had her permission to live in her house without paying rent to which he says she replied, “no.” He never asked her does her daughter have permission to live in the house, the answer to which everyone knows in advance would be a resounding, yes. Jewell’s statement made out of hearing of the court and without the ability to challenge it becomes the basis for denying Diane a life tenancy that Jewell wishes her to have. Jewell has been cheated again of having her true feelings expressed.]

C. Rules that Jewell Anderson cannot return to her Lathrup home solely because David Anderson and Diane Anderson are fighting (which occurred in court where after January 2005 Jewell was not in attendance but not in front of Jewell Anderson as Diane had vacated the house during David’s previous visits. David’s real reason for wishing to isolate Jewell seems to be his refusal to ever discuss with Jewell what he has done to her in the presence of those who could help jog her memory and so let her effectively converse with him. He apparently also wants to hide how little he visits.)   Since the reason given for Jewell’s exile from Lathrup is now the so-called fighting and not that the house is unsafe as previously alleged (David tries to make it an issue but Flynn does not), Szymanski has given David and Flynn yet another free pass for telling lies to the court, re: the house was unsafe. Flynn actually states that he doesn’t object to Diane taking Jewell to the old home. Szymanski also cuts off the raising of David’s repeated refusal of mediation, yet the fighting IS the excuse to take Jewell’s home from her. Szymanski also says Diane stopped David visiting Jewell, and that is primarily why Jewell can’t live in Lathrup. With the exception of December 26, 2004 (see first SUMMARY section) when David tried to remove Jewell from her sick bed three days out of hospital, Diane NEVER stopped one of David’s court ordered visits. Even on that occasion, all family members were welcome to visit at Lathrup. It was in fact David and Flynn who, in contempt of court, kept Diane from Jewell for 16 months during the Vestaburg captivity. During that time, David Anderson RARELY visited just as he rarely visits at AHRH. Szymanski never reprimands David or Flynn for the contempt of court re: visitation in Vestaburg.

D. States a change of venue is a moot point ignoring the reasons Diane Anderson asked for the change of venue to begin with. Could it be that Szymanski has studied neither political science nor sociology at university, for his comments indicate a lack of understanding of institutional culture and its subtle impact on those operating within an institution to conform and support those within the institution? He is not alone in that lack of understanding as the requirements for recusal in Michigan courts encourage an anything goes approach to conflict of interest. (It is why members of the Engler Gang of 4 on the Michigan Supreme Court could take tens of thousands of dollars in campaign contributions from the pharmaceutical industry and then rule that those companies are exempt from claims under the tort of negligence making Michigan the only one of the 50 states to have such an exemption.)

E. Refuses to allow the full evidentiary hearing promised where evidence would actually be scrutinized in court. Witnesses are not allowed to testify except for Jewell’s friend of 40+ years, Lyn Roberts. Lyn has been caregiver for her husband who has Alzheimer’s for many years. She states that her husband is grounded in his home and would be devastated if he lost this grounding. Szymanski later twists this to equate attachment to American House on Jewell’s part. Szymanski ignores the fact that Jewell has always started she wants to be in her home, was drugged with Xanax and isolated from her daughter and friends from February 2007 until September 2007 while at AH and has spent her days at Lathrup after her discharge from rehabilitation in January 2008. Her daughter has provided her food and not AH. Jewell has no conceivable attachment to AH.

F. Puts in place a visitation schedule with no input from Jewell Anderson. Jewell is kept in isolation at the times for David’s visits even if he chooses not to come (which is most of the time he is scheduled to visit). In doing so, Szymanski ignores settled medical opinion on how to help people with early Alzheimer’s fight their disease. Szymanski also orders Jewell will go to Bayview, Michigan with David and Martha Anderson in July 2009 despite the distance being much too far for Jewell to safely travel. The visitation schedule thus works to Jewell’s medical and emotional detriment.

H. Learns that David Anderson and Tim Flynn have stolen Diane Anderson’s computer containing the family genealogy and Diane’s confidential legal correspondence with her lawyers and her legal records. Throughout his time as judge, Szymanski will repeatedly try to paint Diane Anderson as a dishonest person (he can’t find one instance of a lie Diane has told, but having twice placed on the record that he read all the files, he knows of the myriad lies told by Flynn and David Anderson). He does not censure or in any way condemn the theft of the computer, the theft of the legal records and the theft and destruction of the genealogy. Tells Diane to go to the District Court and file an action for specific performance to get the records back even though David and Flynn have admitted destroying them already and even though supervision and disciplining of Flynn as both Guardian and Conservator is the job of the Probate Court judge.

I. Denies Diane Anderson the right to cross examine the Conservator over his revised Conservator’s Report (only given to Diane at the start of the Hearing) which Diane states contains inaccuracies. Diane asks Szymanski how to challenge the Conservator’s report that she only received the day of the Hearing. Szymanski says she can’t as she missed her chance. Szymanski says 2nd Annual Conservator’s Report can only be objected to for items undertaken – not items required by EPIC but not undertaken by Flynn such as repair and maintenance of Jewell’s property. Szymanski appears more concerned that the figures add up correctly than that the Conservator has done what the law requires of him. As long as 2 + 2 = 4 and not 3 or 5 in the Conservator’s Report, Szymanski seems to be happy.

J. Agrees with recommendations from GAL that Diane Anderson may later ask the court to move Jewell to the American House facility in Southfield and to look into the repeated hospitalisations of Jewell Anderson caused by Flynn’s negligence.

K. David Anderson seeks to have the court authorise theft of property she has had in the Lathrup home since childhood, namely her Beatrix Potter Collection. Szymanski wants to know if Diane has a deed of gift for the pieces. (His question conjures up a curious notion of parental gift giving: Merry Christmas/Happy Birthday from Mum and Dad. Oh – and here is a deed of gift in case 54 years down the road your brother tries to take this from you.) Again David is telling lies to the court. When the Anderson children were in high school, Jewell sent her sons out to buy the figurine of the Tailor of Gloucester, a mouse sitting on a spool of cherry twist (i.e. red thread), for Diane’s birthday. The boys instead came home with Mrs. Tiggy Winkle, a hedgehog dressed as a washer woman with Victorian cap and apron. Family and friends got quite a chuckle out of the mix-up, and jokes were told about it for some years after the event. Diane and Jewell would refer to it in the Beatrix Potter talks they gave to community groups. David is well aware that the collection is Diane’s, but wants to sell it for he and Flynn seem desperate for cash having so mismanaged Jewell’s finances. (see Phony Financial Crisis) Szymanski does not act on David’s request to seize the collection.

 

During the Hearing, David Anderson states on the record that Michigan State Attorney General Mike Cox, then Oakland County Prosecutor David Gorcyca and the Michigan Bar Attorney Grievance Committee all saw through her scam and refused to take any action against Flynn or to investigate complaints against Flynn. Do Cox, David Gorcyca (as Oakland County Prosecutor) and the Bar Grievance Committee actually endorse the treatment of Jewell Anderson and see no element of elder abuse here? They did nothing. If they did nothing because their offices are busy and they don’t give such investigations high priority, it is bad enough for it shows a lack of concern about the plight of abused seniors. If they did nothing for unlike the general community, they actually see nothing wrong in the treatment of Jewell Anderson, it is time for the Michigan State Legislature to engage in a massive rewrite of EPIC to make its already clear language even less able to be ignored by law enforcement and the courts.  Cox never even replied to Diane Anderson’s queries about the status of her complaint.  David Gorcyca  left the matter to his wife, then Assistant Prosecutor and now Judge Lisa Gorcyca, who promised an investigation by law enforcement but never delivered on her promise. With neither office having investigated the matter, who tipped David off that what are initially confidential complaints had been made?

 

September 2008: Diane Anderson brings a Motion to move Jewell Anderson to the American House facility in Southfield, Michigan. Despite AH Southfield having more facilities for residents including a pool for hydrotherapy in the summer, offering a much more spacious apartment than AH Rochester Hills (with a room in the apartment that could be used as a craft room), being hundreds of dollars a month less expensive, and most importantly, being within

1 ½ miles of Jewell’s home in Lathrup so that the AH bus could take Jewell to her clubs, the homes of her friends, etc. M-F at no charge, Szymanski denies the Motion to Move Jewell (who is not allowed to come to court) and fines Diane thousands of dollars saying the motion was brought for an improper purpose. At one point Diane becomes confused by Szymanski’s questioning on the provision of microwave ovens. When she corrects herself, Szymanski attacks her for being a liar and a dishonest person. He continues to attack Diane’s honesty in future hearings while turning a blind eye to all of the proven lies of Flynn and David Anderson.

 

 [NB: A dynamic new manager at AHRH, Jaki Holzer, utterly changed the facility in 2009. Rooms are now occupied as opposed to the past where as many as 12 rooms might be empty at a time. In the worst economic downturn since the Great Depression and in a facility where the age of the residents means that there will deaths and constant new vacancies created, this is a significant achievement. There is a genuine mixture of male and female residents creating a much more natural environment. Little touches such as silk flower arrangements and scented oil sticks provide homey touches. The grounds have been upgraded. The defects in Jewell’s room were remedied within 72 hours of Diane meeting with the new manager. A marvelous handyman attends to all repair and maintenance problems for residents promptly. Likewise, Support Care also has a new manager who is co-operative and works with Diane to overcome problems rather than going into denial that problems exist as happened in the past. While it is true that the AH Sfld’s building has more facilities to offer than AHRH and yet is less money, with the changes in approach brought about by the new manager at AHRH, Diane and Jewell’s main reason for wanting the move to the Southfield facility is the importance of giving Jewell independence to be in her neighbourhood visiting friends and having them conveniently visit her, attending her clubs, going to her doctors independently if need be, etc. It is keeping Jewell part of the world she has known for over 60 years that is of critical importance to keeping the Alzheimer’s at bay. If the situation was reversed and AHRH had more facilities at a lower price, Diane and Jewell would still want Jewell to go to Southfield to be close to her friends and neighbours. The move to AHRH was always to benefit David and Martha Anderson who live within walking distance of the facility.]

 

 

December 8, 2008: Szymanski increases Diane Anderson’s rent at the request of David Anderson and Timothy Flynn. He notes that it is important for Jewell to have access to her Lathrup home.  When David Anderson spontaneously asks Szymanski to shut down the www.davidcarlandersonandelderabuse.com web site, Szymanski jails Diane for defending her 1st Amendment right to freedom of speech and noting that she did not create the web site (lacking the skills to do so) and thus could not take it down anyway. After twice sending Diane down to the cells, he releases her giving her until December 10th to remove the web site.

 

December 10, 2008: The ACLU having taken up Diane’s case and the media now covering Szymanski’s attempt to stifle freedom of speech, Szymanski rescinds his Order of December 8th to take down the web site. He again calls Diane dishonest saying that he has read the web site and that it is full of lies. He fails to cite any.

 

 

March 23, 2009: Flynn, with full support of David and Martha Anderson, moves to have Diane Anderson evicted for non-payment of rent. Diane objects noting that under EPIC requirements to maintain Jewell’s home (as well as Flynn’s obligations under landlord/tenant law), she is owed money from Flynn that would pay the rent until May 2010. In addition, Flynn has not registered with the City of Lathrup Village as a landlord making the tenancy illegal and moneys already paid by Diane Anderson therefore due to be refunded. Flynn has to bring the house up to code requirements before he can rent it, something required of him under EPIC and landlord/tenant law.  Flynn has also brought the eviction motion to the wrong court as landlord tenant matters are heard in the District Court where a jury trial can be requested. Szymanski asserts he has jurisdiction and adjourns matter to allow claims for moneys owed. Gives Flynn the right to determine what bills he will pay in violation of requirements of EPIC. (NB: Diane’s lawyers argued conjoint jurisdiction to hear the matter of the life tenancy knowing that if they won in District Court, Flynn and David would simply appeal the matter to Judge Grant in the Probate Court increasing expenses. It was NEVER argued that if Diane was made a tenant, any court but the District Court as set out in the legislation could hear landlord/tenant matters.)

 

Szymanski dismisses Diane’s Motion for a Change of Venue and denies any bias on his part. Fines Diane for bringing the Motion.

 

David Anderson demands that Jewell may not leave American House with Diane on even numbered days due to Diane taking Jewell to Lathrup during flu outbreak at AHRH in December 2008. David concocts yet another perversion of the truth * with no supporting evidence. Szymanski agrees again seemingly evidencing little regard for the harm to Jewell’s happiness and welfare that his ruling will cause. In “punishing” Diane, he punishes Jewell as well.  

(* see section Lies Damn Lies)

 

 

 

 

May 4, 2009: As has been his custom throughout his time as Conservator, Flynn denies the bulk of Diane’s claims for reimbursement of money spent as per EPIC requirements including those ordered to be paid by Judge Grant. Syzmanski evicts Diane Anderson and allows Jewell Anderson no say in the matter. He makes disparaging remarks about the lack of need to repair and maintain the home indicating a lack of concern not only for Jewell Anderson’s wishes but for Jewell’s Lathrup neighbours who have a right to expect a home to be maintained so as not to detract from neighbourhood amenity. His attitude to repair and maintenance reflect the neo-conservative economic values that led to the subprime mortgage crisis and the Wall Street meltdown and are directly opposite to those of Jewell Anderson.

 

Szymanski orders sale of Jewell’s home based on financial need without requiring proof of such need from Flynn. The financial crisis is a phony one brought on by apparent incompetence of David and Flynn in managing Jewell’s affairs*. If Jewell were to be returned home, there would be no financial crisis. Szymanski ignores Jewell’s wishes and welfare in so ruling making his only consideration when deciding on what will be done to Jewell the so-called fights between David and Jewell Anderson that are supposedly detrimental to her health. He ignores the fact that no such fights occurred during David’s weekly visits to Jewell in the period leading up to the abduction as David never even saw Diane when coming to visit. Fights in court do not equate to fights in public places. (* see Phony Financial Crisis section for details).

 

David Anderson agrees to make a copy of Jewell’s will available to Diane. David had previously told the court that Diane was to inherit the house. At another Hearing, he changes his story to say the estate will be split up equally among the three siblings. Later claims that he does not have the will meaning that none exists, yet he drafted it and no copy was ever at Jewell’s home. (NB: In autumn of 2004, Jewell had a will drafted by an elder law specialist attorney to set out bequests not listed in the will David drafted. David later had Judge Grant quash the 2004 will on the basis that the will that he had drafted in 1991 and held was more than adequate) Szymanski does nothing about more evidence of David’s deliberate misleading of the court.

 

 

May 19, 2009: Diane evicted from her home of 51 years. Jewell denied all access to her own home.

 

Diane is eventually allowed to remove her possessions. Over the years, Diane and Jewell had exchanged many “I love you” gifts throughout the year. Jewell had given Diane cards giving her various items of furniture that would be sent to Australia upon Jewell’s death. Diane volunteered to leave all of that furniture while the house was being shown to perspective buyers so as to maximize appeal of the home. Flynn orders her to remove her furniture immediately. Jewell’s items still in the house are sold to a jobber, i.e. sold to a man who buys up estates for pennies on the dollar. Jewell is denied the right to have any say over these items and is not even told they are to be sold. She cannot take furniture items such as the end table by the living room sofa needed at AH. Relatives aren’t offered the opportunity to buy the furniture for the same price as the jobber. Diane like Jewell doesn’t even know the furniture is for sale until after it is sold. Flynn has squandered thousands of Jewell’s money. For example, with no authorization from the court, in 2007 he gave a $500.00 deposit to Union Manor, an assisted living facility with which he had no authority to deal. To date, there is no indication he ever recovered that money, yet he claims Jewell may not give her possessions to those she chooses on the basis on financial necessity. Even small bequests are denied. Books Jewell she wished donated to the Friends of the Southfield Library never arrive there. A set of kitchen glasses labeled for Jewell’s grandson that match his glasses are taken by David and Martha Anderson. While visiting her neighbour, Jewell suffers the indignity of watching her furniture taken away from her beloved home on the back of a pick-up truck.

 

 

June 26, 2009: Following the loss of her home, Jewell’s health begins a swift decline. She has nightmares and calls out in her sleep for her husband. She has crying outbursts. She begins to suffer from severe shortness of breath. Early in the morning of June 26th, she calls Diane Anderson fearful that she is having a heart attack. Diane takes Jewell to Beaumont Hospital (where Diane discovers a fake address has been added to Jewell’s file). Jewell is admitted for

3 ½ days of observation and treatment. Upon discharge, she is placed on the heart drug Cardizen.

 

Against best medical advice, Szymanski had granted David Anderson the right to take Jewell to his holiday home in Bayview from Saturday June 27 to Saturday July 4th. Realising that it would be foolish to be returning to Detroit on July 4th, Diane Emails David and Flynn suggesting that the dates be changed to go from Sunday to Sunday or Monday to Monday. She gets no response.

David finally shows up at the hospital on the Sunday afternoon announcing that he had been out of town at a conference. He thus clearly had no intention of taking Jewell away for the week he demanded, just wanting to isolate Jewell instead. Once Jewell was back at AHRH, David gives no indication of his plans. Since Diane Anderson is not supposed to be with Jewell during the week David volunteered to take responsibility, she is left without knowledge of David’s intentions. She decides to nurse Jewell who is still weak from her time in hospital and needs constant attention. On Thursday July 2nd, she receives an Email from David indicating that he and Martha will not be interrupting their holiday plans to go to Bayview, and they will therefore not look after Jewell. Diane cancels her holiday plans in order to care for Jewell.

 

 

July 24, 2009: Having stripped Jewell’s house bare and painted the walls a ghastly hospital white, Jewell’s home of 58 years is listed for sale with Laurie Bell of Century 21 Real Estate. The disclosure statement fails to mention the pending Court of Appeal action and hides the civil engineer’s report outlining major faults requiring repair. Flynn claims that since he did not live in the house, he is not aware of any defects. In reality, Flynn had Judge Grant require Diane Anderson’s lawyers give him a copy of the civil engineer’s report back in September 2007, and the defects are also listed on this web site (see section House & Yard). The real estate agent, her company, Flynn and David Anderson apparently are prepared to enter into what might be called a conspiracy to mislead perspective buyers. A certain degree of puffery is expected when an agent tries to sell a house. Appliances, for example, are listed by Ms. Bell as assets of the house even though the basement refrigerator is circa 1973, the washer and dryer are circa 1981, the dishwasher was installed at Thanksgiving 1976, the garbage disposal unit is broken, the kitchen refrigerator was purchased in 1997 and the stove in 2000 meaning none of the appliances are state of the art and the downstairs appliances actually need to be replaced. Withholding the kind of information as that contained in the civil engineer’s report or the fact that the sale itself is part of a claim before the Court of Appeals is different to mere puffery, however. Diane Anderson reports the matter to licencing authorities in Lansing. In the event of the sale of the house, it will be interesting to see if Judge Szymanski signs off on any sale that fraudulently misleads a buyer by not fully disclosing the civil engineer’s report and the Court of Appeals challenge as Szymanski is fully aware of both matters.

 

 

August 6th : Upon opening her Email, Diane Anderson finds a letter from the lawyer of Laurie Bell threatening a defamation action over a leaflet Diane and a neighbour began distributing in Lathrup. The leaflet outlines the elder abuse of Jewell Anderson, Ms. Bell’s refusal to make full disclosure of the defects in the civil engineer’s report and the impending Court of Appeals action (challenging the sale of the home as being based on errors of law AND fraudulent misrepresentations) as well as an exhortation to neighbours to call Lansing to support new legislation (relating to the mandatory investigation of reported elder abuse) by urging their State Representative to vote for the bill. Ms. Bell’s husband goes to the home of the 89 year old neighbour (and 51 year Lathrup resident) to warn him to cease distribution, a move seen by a number of Lathrup residents as being of a bullying nature. Diane later responds to the lawyer that truth is a defence to defamation and she is happy to have a civil jury decide whether or not Jewell’s treatment, including the seizure of her home, constitutes elder abuse if that is what they desire.

 

 

August 7th: Flynn emails Diane demanding the return of property that she actually owns (gifts from Jewell to her as the only daughter). Diane has cards from Jewell making these gifts along with a DVD of Jewell (witnessed by a friend of Jewell’s) in which she acknowledges these gifts. The Beatrix Potter collection is again one of the items. Flynn threatens to go to the Oakland County Prosecutor if he does not receive the items by that afternoon. Diane later responds that any items she may have removed from the house are hers, and that she would be delighted to have the Prosecutor’s office examine the whole of the Jewell Anderson case as that is exactly what she has been trying to achieve for several years now. Again, David Anderson and Flynn seem desperate to sell off all of Jewell’s possessions with no input from her. If they are such tremendous financial managers, why do they constantly need to strip Jewell of all of her personal possessions?

 

 

UPDATES

#1: HOLY NINE LIVES - JUDGE DAVID SZYMANSKI SUGGESTS JEWELL ANDERSON'S CAT, TOUPEE ANDERSON, BE DESTROYED

My name is Toupee (Doodles) Anderson. In October 1991, Judge Martha D. Anderson brought me home as a pet for her daughter, Elizabeth Anderson. Most parents see having a pet as a good thing. Pet ownership teaches children to bond with animals and teaches them responsibility. I wasn't so lucky with Elizabeth. Elizabeth lost interest in me right from the start. I became Martha's responsibility while Elizabeth was able to walk away from the promises she had made prior to my adoption.

Since no one really wanted me, I was locked down the basement 24/7. The basement is a lovely finished basement. The family sometimes watches TV down there. Even a gilded cage is still a cage, however. I would cling to David Anderson's pant leg trying to get the family to let me come upstairs and sleep with them. Instead of comfort, I was booted back down the basement all alone.

By February 1994, I began to get a bit neurotic never being able to leave my gilded cage and knowing that there were people in the house who didn't want my company. I bit the cord of David's big TV which made him angry. Being frustrated, I ran along the top of the big sofa butting my head into the wall until I damaged the plaster.

Instead of trying to be better companions to me, Martha told David that he would have to get rid of me. Not surprisingly, no one wanted to adopt a neurotic 2 year old cat.

Martha and David then told Jewell Anderson (with whom I stayed each February while Elizabeth and her parents went on vacation) that unless Jewell would adopt me, I would be put down, i.e. killed because Elizabeth refused to keep the promises she had made in the autumn of 1991. Luckily for me, Jewell agreed and became my Mommy. David and Martha promised that they would pay all my expenses in return for Jewell adopting me. Once they were rid of me, they never paid one cent towards my upkeep.

I was very happy with Mommy Jewell. I slept with her, watched TV with her and enjoyed her company. Once I even defended her when a fierce field mouse got in the house. I killed it, and as a sign of my love, left it on the pillow next to her as a present. For some reason, she wasn't as thrilled with that present as I thought she would be.

Every year, Mommy Jewell's daughter, Diane Anderson stayed with us for 3-4 months. Aunty Diane loves cats as much as Mommy Jewell does. Those months with my two favorite ladies were always an especially happy time for me.

In October 2003, Aunty Diane came back. By now Mommy Jewell was starting to have some short-term memory problems. Mommy Jewell also needed a lot of help with the housework and with the yard because of her bad back and her bad knee. Aunty Diane agreed to stay on and be Mommy Jewell's full time caregiver. Both Mommy Jewell and I were very happy about this.

On October 24, 2005, my Mommy Jewell was taken by force from our home for no good reason (David Anderson said our house was unsafe, but now the court acknowledges that was always a lie). Neither David nor Martha nor Elizabeth Anderson made any effort to see that I was looked after.

No money was provided for my food, kitty litter, etc. That amounts to about $2,500 owed to Aunty Diane to date. No money was provided for my vet bills. I have asthma and get a monthly shot as well as liquid medicine. These medicines actually keep me in good shape, and I have the legs of a kitten. The asthma medications (shots and liquid medicine) have cost Aunty Diane about $800.00. There was about $500.00 more for shots, antibiotics, and blood work. All up, I have cost Aunty Diane over $3,500 since Mommy Jewell's October 2005 abduction.

During a court hearing before Judge David Szymanski, Aunty Diane asked to be reimbursed for my expenses. Judge Syzmanski said no money would be paid for my upkeep and suggested that maybe it was time to have me killed!!!! Mommy Jewell was horrified when she heard what Judge Syzmanski proposed.

Naturally Aunty Diane will look after me. David and Martha Anderson appear to have set out to bankrupt Aunty Diane when she wouldn't agree to their plot to lock Mommy Jewell up and sell our Lathrup home. Adding expenses for my upkeep to her other expenses is just another form of harassment. David and Martha are millionaires who could easily honor their promise to pay for my upkeep. Elizabeth Anderson has been given large sums of money over the years (David once told Mommy Jewell that Elizabeth got $100,000 from a trust fund just for turning 18), received a new car for her 16th birthday and another new car for her college graduation, walked into a well-paid teaching job with the Troy Public Schools and can afford a condominium. Despite all of that wealth and privilege, Elizabeth, like her parents, still refuses to honor her responsibility to me.

It has been said that people who lack empathy for animals often lack compassion for people as well. If that is true, it tells us a lot about the cruelty that has been inflicted on my Mommy Jewell by Judge Martha D. Anderson, her husband David C. Anderson and their daughter Elizabeth!!!

If you are disgusted by the behaviour of Judge Szymanski and David, Martha and Elizabeth Anderson, you can contact the following animal support groups to let them know that in our Probate Courts, the obligations of Judges and Guardians to maintain the property of those made wards of the state under EPIC are ignored and the very lives of the pets of senior citizens can be put at risk:

Michigan Humane Society: www.michiganhumane.org

Society for the Prevention of Cruelty to Animals SW Michigan: www.spcaswmich.org

People for the Ethical Treatment of Animals: www.peta.org

#2: DAVID AND MARTHA ANDERSON USE BIRMINGHAM CONGREGATIONAL CHURCH TO DESTROY ANDERSON FAMILY GENEALOGY AND UNLOAD DIANE ANDERSON'S COMPUTER FORCING HER TO BUY ANOTHER PC

Jewell Anderson was a history major in college. She was considered one of the best Social Studies teachers around sharing her love of history with students who years later would visit her and recount happy times in Jewell's classroom. Jewell provided in-service education to other teachers to share her love of history and ways of making it more real and meaningful to students.

When Jewell retired from the Southfield Public Schools in 1988, she began to work on her family genealogy. Jewell was a member of the DAR (Daughters of the American Revolution) until she lost control of her finances to David and Martha Anderson in September 2004. (Her membership in the DAR was then cancelled.) Jewell was able to document family members who fought in the Revolutionary War, the War of 1812 and the American Civil War. She traced her family history back to the early 1600s in Maine. Jewell's love of family history found voice in a Maori quote Jewell liked to share: you are nothing without your past. To lose your roots is spiritual death.

In early 1998, Jewell bought a PC and became an avid user of the Internet. She began to transfer family genealogy files to her computer.

When Diane Anderson came back to be her Mother's full-time caregiver in late 2003, Jewell gave Diane the computer. It was then five years old and had no monetary value. Years earlier, Jewell had given to Diane all material relating to the family genealogy as Diane was the only one of Jewell's children who had evidenced any real interest in the family history. The gift of the computer was merely transferring to Diane the files as well as the actual machine needed to work on the genealogy in the USA.

On March 3, 2007, David Anderson arrived at Jewell's Lathrup Village home to take her furniture out to the American House facility where Jewell was being forced to live against her will and against best medical practice for those fighting short term memory loss associated with early Alzheimer's Disease. Items belonging to Diane Anderson were seized including the computer. Along with the genealogy, the computer also contained Diane Anderson's legal documents and correspondence with her attorneys. David refused to let Diane retrieve any of the files from the computer.

Diane Anderson brought the matter of the theft of the computer to the attention of Judge Barry Grant on September 11, 2007 at a Conference held in Grant's Chambers. Grant expressed no concern about wither the theft of the computer or of the files.

Diane Anderson raised the matter of the stolen computer and files with Judge David Szymanski in August 2008. When questioned by the Judge about the computer and the files (which Jewell Anderson did not possess), David Anderson concocted one of his outlandish tales.

David told the court that he had brought the computer to Jewell, but that she had said she did not want it and did not know how to use it. By implication, she had said she did not care about the genealogy material nor that Diane's legal material (and Jewell's correspondence with her previous attorneys) was in the hands of the people opposing them in court, i.e. David and Martha Anderson.

During 2004, Jewell Anderson used the computer to research books, genealogy and other matters of interest to her as she had most days since acquiring the computer. After Jewell was forcibly taken from her home in October 2005, she used the computer at her son's Vestaburg home during the day. Jewell's widespread surfing of the Internet attracted "cookies" to her son's computer, a source of annoyance to him as he had to remove them each evening when he returned from work. She was thus using the computer on a regular basis until just before her son's death. (Jewell also used the computer provided by the rehabilitation center where she recovered from her October 2007 hospitalzation from October 2007 until January 2008.)

It is ludicrous to suggest that Jewell would not want her computer. It is utterly preposterous that she would not even want the genealogy saved.

David went on to tell Judge Szymanski that he and his wife, Judge Martha D. Anderson, had given the computer to their church, the Birmingham Congregational Church, to dispose of via a programme to distribute old computers to the poor. David and Martha Anderson had effectively used their own church as a fence to dispose of stolen property. It takes a very special couple to compromise a church and a programme designed to aid the poor in order to rid themselves of ill gotten goods.

Like Judge Grant, Judge Szymanski did not admonish David Anderson. There was no penalty imposed for this illegal action. It appears if you are married to another judge, you can steal other people's property with impunity in Michigan's Probate Courts. Meanwhile, Jewell Anderson is devastated that her son destroyed years of her work so that the genealogy will in all likelihood not be completed in Jewell's lifetime.

#3: DAVID ANDERSON COMPROMISES TROY HIGH SCHOOL STUDENTS

The following letter written to the Superintendant of the Troy Public Schools by Diane Anderson outlines yet another questionable abuse of trust by David Anderson and involving his sister-in-law, Troy High School teacher Val Lorelli. Apparently even high school students are fair game for David Anderson in his quest to become a Circuit Court judge.

18487 San Jose
Lathrup Village
Michigan 48076

September 23, 2008

Dr. Barbara Fowler
Superintendent Troy Public Schools
4400 Livernois
Troy. Michigan 48098

Dear Ms. Fowler:

I write to alert you to what I believe to have been a gross abuse of her position of trust as a teacher by Troy High School teacher, Val Lorelli. Mrs. Lorelli is the sister-in-law of my brother, David C. Anderson. David is currently campaigning for a judgeship on the Oakland County Circuit Court. I am opposing my brother in this election for I consider him to be an unfit and improper person to hold such a position. He has had his license to practice law suspended in 1998 for aiding and abetting the insurance fraud of one of the insurance companies he represents (see documents on website). He has also engaged in what many people are calling one of the worst cases of elder abuse on record in the state of Michigan directed against his own mother, Jewell Anderson (see www.davidcarlandersonandelderabuse.com) .

On Saturday, September 20, 2008, I traveled to the Royal Oak Farmers' Market to shop. On my way out to the car park, I encountered two young men wearing David Anderson's campaign T-shirts and passing out potato chip clips with his name on them. I was astonished and began questioning them as to their reasons for supporting such a man. I asked if their parents were Republicans to which they replied 'no' and that as migrants their parents could not vote. I then asked if they were lawyers who worked with David, but again got a negative response.

It appears that the young men were actually handing out David Anderson's campaign material at the suggestion of their teacher, Mrs. Val Lorelli. The young men told me that they were hoping to get credit for community service as part of their applications for National Honor Society.

As a former teacher and former NHS member, I applaud the desire of these young men to seek admission to such a worthy organization. I believe that the requirement of candidates for NHS membership that they participate in school extracurricular activities and in community service is admirable and vital in producing well rounded scholars. I don't believe participation in partisan political campaigns should court as such community service, however. This is especially so when the young people involved do not know anything about the individual for whom they are campaigning or the issues involved.

I do not know how many other such students Mrs. Lorelli may have recruited for David's campaign. It may be that when the young men returned to school the Monday following the incident, they were well briefed by Mrs. Lorelli about her brother-in-law's so-called virtues in order that they could claim informed participation. I repeat, however, that even if the participation of the young men was informed, such participation that resulted from the suggestion of a classroom teacher as a favour to her brother-in-law is not appropriate.

I am anxious to learn if this behaviour by a Troy Public School Teacher is common practice or merely an aberration. A hard copy of this letter will follow via US mail.

Yours truly,

Diane Anderson

cc: Ms. Carol Pochodylo, President Troy Board of Education
Mr. Mark Dziatczak, Principal Troy High School


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Jewell


Case Numbers

Guardianship
2004-295,192-GA

Conservatorship
2004-295,193-CA

Jewell's House
2006-307, 599-CZ