A relative of a disabled woman who was stolen from and murdered in 2004 allegedly is a victim in a similar crime, according to documents filed Sept. 19 in Lyon County District Court.
Assistant Lyon County Attorney Vernon E. Buck filed charges of financial mistreatment of a dependent adult against Beverly A. Fleming, 41, 806 1/2 Market St. Fleming also is charged with conspiracy to financially mistreat a dependent adult. Both charges set financial ranges between $1,000 and $25,000, which are felonies.
The mistreatment complaint alleges that between July 16 and 18 of this year, Fleming used “undue influence, coercion, harassment, duress, deception, false representation or false pretense to take advantage of the financial resources of (the victim), a dependent adult ... and did so for the defendant’s own or another individual’s personal or financial advantage.”
The conspiracy to mistreat complaint accuses Fleming of similar acts while conspiring with others.
According to an affidavit filed in court by Emporia Police Detective Sgt. Carlton Heller, police were called into the case about 7:23 a.m. on July 18 when an alert employee at Reeble’s South Country Mart store called officers to say that people had just attempted to pass a bad check on the alleged victim’s account. The employee gave police a description of the vehicle Fleming and others, including the victim, had left in, but police were unable to locate it.
Later that day, the alleged victim contacted police and reported that she had been approached by a man and woman, who had taken her “around Emporia to different stores and told to write checks for items the black female pointed out to her,” the affidavit said. “(She) reported she did this because the black female told her she was a home health care worker and they had to go buy things and that she would take care of (her) being paid back.”
Officer David Holmes contacted the service coordinator at a local agency which provides services to dependent adults. The coordinator provided Holmes with two checkbooks that had been used over the previous three days, with 32 checks having been used to make purchases and two checks unaccounted for, Heller wrote in the affidavit.
The amount of the checks, determined from duplicate copies, was approximately $4,800.
The affidavit refers to numerous video recordings of Fleming at stores and bank locations in Emporia when the financial transactions were taking place.
Heller wrote that the accused had gone initially to the alleged victim’s apartment and introduced herself, then had come back several times.
“(The alleged victim) reported the black female presented herself to her as a home health care nurse. ... (The victim) recalled one time the woman came in by forcing her way in the door while (the victim) was sleeping. (She) awoke to find the black female inside her apartment going through her pockets.”
The alleged victim said she did not want to go to the stores with the accused, but the woman took her by the arm and told her they had to go to the stores, the affidavit stated.
“(The alleged victim) said she was afraid to refuse the woman because she was afraid the same thing that happened to her (relative) would happen to her.”
The relative, Mary Clark, was murdered after four people misused her financial assets. Her body was found in her home on May 5, 2004.
Marcy Faith Carapezza and Jason Cole Hughes both were convicted of felony murder, as well as other charges, and were sentenced to life in prison. No “earliest release date” is given for either on the Kansas Department of Corrections offenders listing.
Mollie Paico was convicted of aggravated burglary and three counts of aiding in a felony. Her earliest eligibility for parole is in December 2008.
The fourth person, Gail Leon Bennett Jr., was found guilty of forgery. His earliest eligibility is in February 2009.
Because of Fleming’s prior criminal history and the vulnerability of the alleged victim, Buck asked that her bond be increased from the standard amount in such cases. Fleming remained in jail Wednesday afternoon in lieu of $15,000 bond.
Dawn Porter was appointed attorney for Fleming on Monday. The next hearing will be at 2 p.m. Nov. 15.
admireed (anonymous) says...
Real nice folks. Tar and feathers?
September 27, 2007 at 1:51 p.m. ( permalink | suggest removal )
create (anonymous) says...
Thank goodness for the alert employee at Reebles South. As I remember, the people who murdered Mary Clark were so-called health care workers too. How did these alleged thieves know about the victim's money and how did they obtain her checkbooks if the home-health agency had the checkbooks? Something seems strange here.
September 27, 2007 at 4:06 p.m. ( permalink | suggest removal )
slipandslide (anonymous) says...
good going for reebles! it s a shame some one would prey on a disabled person. i hope the victim realizes that not all people are bad really there needs to be better screening of health care workers when i working in the nursing homes there was usually someone at work who had drinking problems or would steal or fight. it seems like that type of work looks attractive to those who should not be there. for the price of a three to six week votech class they get the certificate for nurse aide or home health aide and then most places hire them based on the certificate instead of running background checks and terminating the ones who have drug and alcohol problems.the checks and balances in this type of work are not always used and then untrustworthy people are taking care of vulnerable people. the nursing homes and home health agencies also need to screen out mentally ill workers. as we used to say, if you have an elderly person being cared for by an agency, check on them and interview them with the same care that you would use for a kid in a day care.
September 27, 2007 at 4:58 p.m. ( permalink | suggest removal )
offc_grl76 (anonymous) says...
I agree that home health care agency's need to screen their employees. I work for a home health care agency here in town, and I can tell you personally that we screen our employees, do a criminal background check on them as required by law, but that does not STOP bad seeds. Slipandslide, like you said it is the responsibility of everyone's family to check on them and interview them like you would a kid in daycare, if the agency does not want to be interviewed or acts like they are hiding stuff, they probably are. Most home health agencies will open their doors and answer any questions, I know we do.
September 27, 2007 at 5:27 p.m. ( permalink | suggest removal )
Bigearl2 (anonymous) says...
Pay should be increased !!!!
September 27, 2007 at 8:53 p.m. ( permalink | suggest removal )
slipandslide (anonymous) says...
office girl you are so right, if they act like they are hiding something then they are,and the good ones will open their doors.
September 28, 2007 at 12:02 a.m. ( permalink | suggest removal )
create (anonymous) says...
"The coordinator provided Holmes [the investigating officer]with two checkbooks that had been used over the previous three days, with 32 checks having been used to make purchases and two checks unaccounted for, Heller wrote in the affidavit."
I still have a lot of questions about the above. Didn't it seem strange to the coordinator that so many checks had been written?
You think you've heard it all then something like this happens. What scum it is who would prey on a helpless handicapped person. I'm in complete agreement for a more stringent screening of health care workers. However, paying higher salaries is no guarantee that you will obtain a person with higher morals.
September 28, 2007 at 9:16 a.m. ( permalink | suggest removal )
Weltha (anonymous) says...
Was this evil being really a HH Worker. The article says that she SAID she was, not that she IS?! Its a shame how easy it is to get into a field of work that depends so much on a persons honesty. I was a CNA for 8 years and have seen some characters (for lack of better) come and go. Heck when I did this job I walked in the door of a home (by this time I had been a CNA for about 4 years) I told them what I was applying for. The DON asked when I could start, put me on the schedule then handed me an app to fill out and bring back. No, physical no drug screen, no back ground check nothing. I'm not dissing on these places really. They are just that hard up for someone to "work" They bring on alot of the problems by not being picky about who they hire. You really have to care about people or just be flat hard up for a job to these jobs with they pay they get. Oh and I agrre with the tar and feather idea.
September 28, 2007 at 11:17 a.m. ( permalink | suggest removal )
KristieR (anonymous) says...
From the way it reads:
This was a woman PRETENDING to be a home health worker and the elderly woman wrote the checks (herself) under duress. Even if she had written 100 checks out, how would the REAL coordinator even know until they cleared the bank? Then, she probably doesn't balance everyone's statement on a daily basis....who has time for that?
Thank goodness for the alert employee at the retail store. Everyone with an adult friend or family member really needs to be on top of what's going on in the lives of the dependent adult. There are too many crooks willing to scam them out of money.
September 28, 2007 at 12:37 p.m. ( permalink | suggest removal )
create (anonymous) says...
Kristie, I agree about the too many crooks willing to scam the handicapped and the elderly. We've certainly seen it happen in our own quiet little town. Also, since this victim was a relative of the woman who was so brutally murdered a three years ago under the same circumstances, perhaps these crooks were well aware of who to pick on next. By the way, I'm amazed to see that two of those involved in that murder are close to being paroled already.
I realize that the coordinator of the HH doesn't balance anyone's checkbook daily, but since the coordinator was the one holding the checkbooks, someone had to go to her to obtain them. Maybe I'm just reading the story incorrectly. As usual many unanswered questions will surface once the trial takes place.
I too agree on tar and feathering.
September 28, 2007 at 1:16 p.m. ( permalink | suggest removal )
KristieR (anonymous) says...
the coordinator might have had the checkbook, but the older woman might have had a supply of her own checks too. ???? Also, the coordinator could have the checks because they cleared the bank and the bank gave them to the coordinator. That's the other explanation I can come up with (I'm a banker).
I can't believe they would be paroled so soon after a murder??? How horrible!
September 28, 2007 at 2:31 p.m. ( permalink | suggest removal )
create (anonymous) says...
Kristie, the two who actually committed the murder got life in prison, but the two who were in on it with them got short sentences and are due for parole within the next two years. Yes, I agree. Horrible.
You're right, the older woman may have had a supply of her own checks. We'll learn the details in time, I know, but I guess I'm still reeling from the terrible news of such a crime.
September 28, 2007 at 8:29 p.m. ( permalink | suggest removal )
digitaltwister (anonymous) says...
To set the record straight about some misconceptions surrounding Mary Clark, I will just say this. Mollie Paico testified in court about her physical participation in the the final death blows to Mary Clark, it is a matter of public record. Here short sentence was a deal that was struck to get the others involved. Is this just? Not by a long shot! But sometimes to serve justice, things are done that do not make the surviving family members or the general public happy. It was a choice, get one and have the rest at large to possibly do more damage to Emporia, or get them all and protect the general public.
The agency that hired the HH Worker failed miserably and has over the years constructed the corporate layers in a way to make it extremely difficult to prosecute in a civil manner. As far as I know, Home Team of Kansas continues to this day as if nothing has happened. Soon after Mary Clarks murder, they opened an office in Atchison within about 2 blocks of a "high rise" full of disabled people to collect their paycheck by being in their conflicting words, Paymasters for the HH worker. Whether they still have an office there, I don't know.
As for this incident, the victim did what she did because she was in fear for her life. It is that simple. People in Emporia that know the victim IMMEDIATELY knew something was wrong and took appropriate actions.
Don't knock the case workers here, EVER!
My praise to the Emporia Police Department and the Lyon County Attorney's office for the understanding manner with which they handled the overall investigation with regards to the victim and what she had been through 3 short years ago.
For now, let the wheels of justice turn and bring hopefully a guilty conviction that carries with it prison time.
You see, I am Mary Clark's son-in-law and the victim's brother-in-law.
October 1, 2007 at 7:28 a.m. ( permalink | suggest removal )
KristieR (anonymous) says...
DT~I'm so thankful that your relative is safe...what a traumatic experience for her! My condolences on your loss of Mary. Thank you for clearing up some of the details on the case.
October 1, 2007 at 8:26 a.m. ( permalink | suggest removal )
create (anonymous) says...
DT: Yes, thank you for setting the record straight, especially about the Mollie Paico plea bargaining, not always a fair exchange when heinous crimes are committed. I hope for a guilty conviction for the current case. We need to write to our legislators about longer sentences.
October 1, 2007 at 9:56 a.m. ( permalink | suggest removal )