Mother of Member Matteo
Marcelle Halpern was
formerly known as Thérèse Esmée DeHeeckeren d'Anthès,
descendant of Baron Georges d'Anthès, the French officer
who most regrettably shot the great Russian writer
Pushkin in duel, in 1837. For three years, Marcelle was
kept under atrocious conditions by a highly paid retinue
of greedy heartless mendacious accountants and
attorneys, all of them unrelated to her. Marcelle’s
crime? She listened to her husband, and signed a
power-of-attorney form in favor of his accountant.
Her faithful helpers,
Roger and Jeannine Mahe, who had a relation with
Marcelle going back to 1962, were harassed and insulted
until they resigned. Seven licensed nurses were fired,
either for not paying kickbacks, or for refusing to
commit perjury--as charged in a sworn affidavit by one
registered nurse--or for objecting to the absurd orders
of the accountant or his agent, Mr. Jerome Kelly.
In 2007, Marcelle’s
stepson and then her only relative, Matteo Halpern
Bojanovich, left the peace and quiet of his farm, and
moved in with his parents, Dr Mark Halpern and his
second wife Marcelle. Matteo hoped to rescue his
parents from their accountant, who paid himself
$20,000 per month and charged Marcelle unknown hundreds
of thousands for legal fees paid to his lawyers.
Saving his parents became Matteo's full time job, which
cost him hundreds of thousands in legal fees. In
February 2008 he petitioned to be Marcelle’s guardian.
Some coordinated false witnesses appeared in front of
court-appointed evaluator, the attorney R. Brent
English. The witnesses were not sworn. The accountant
gave different stories in a sworn affidavit and in his
unsworn testimony. The words of the witnesses were
quoted in court, but none was ever presented in court,
to avoid cross-examination.
After the extremely
negative report of Mr. English, Matteo’s attorneys told
him that he did not have a chance to be named guardian,
and that the alternative was an even greater evil, the
arrival of a court-appointed “elder shark”, an attorney
who preys on old folks. Matteo was thus forced to
withdraw his petition to be guardian and agree to allow
the accountant to remain in charge. A settlement and an
agreement for the care of Marcelle were signed in 2009,
in which were included most of Matteo’s demands for the
care of Marcelle.
When Matteo was informed
that Marcelle was refused the decent treatment promised
in the Settlement Agreement, and returned to New York to
re-open his guardianship case. A fired nurse, Ms.
Pamela Reid, who had long been concerned about the care
of her former patient, applied to be named Marcelle’s
guardian, and Matteo answered that he should become
guardian himself. His task was much easier now, since
all of the accountant’s false witnesses had been fired.
Even better, the handler of the false witnesses, Mr.
Jerome Kelly, was accused, in a sworn affidavit, of
receiving kickbacks from his employees. He was even
accused of demanding that a nurse falsely accuse an aide
of abusing Marcelle.
THE SON AND A LAWYER ARE
NAMED MARCELLE'S CO-GUARDIANS--THE LAWYER KICKS OUT THE
On July 12 2010, Justice
Anil Singh of New York Supreme Court, named Matteo
guardian, with a co-guardian, lawyer Lenore Kramer,
Another well-connected attorney, Arthur Greig, Esq., was
named to represent Marcelle. Before meeting Matteo, Ms.
Kramer approached Mr. Kelly, the nursing agency owner
accused in sworn affidavit of criminal activity by one
of Marcelle's nurses.
On July 21 Matteo met
Ms. Kramer for the first time, and explained to her that
he wanted to hire doctors and specialists to improve his
mother's medical care. Ms. Kramer told Matteo that
there was no money for doctors. When Matteo said he
would pay, Ms. Kramer became strangely hostile.
Matteo's lawyer wrote to Justice Singh asking for
clarifications on the power of the two guardians to hire
doctors. Ms. Kramer wrote to Justice Singh that
Matteo's concerns over the health of his mother were
"histrionics". The judge did not respond to Matteo's
concerns over the health of his mother, who was choking
on her food and drink every couple of days.
Hearing that Matteo
was repairing the house, that he was saving much money
to Marcelle by shopping downtown, that he was paying
Marcelle’s bills, and was hiring and paying doctors, Ms.
Kramer decided to evict Matteo using the Big Lie
technique. It worked beautifully, once again. On August
17 Kramer and Greig advised Justice Singh that Matteo
“has a financial interest in the early demise of Ms.
Halpern” and that precautions are being taken to
prevent Matteo from poisoning his mother. Ms. Kramer
reported to Justice Singh "a very tense and strained
atmosphere" and "a great deal of hostility between
Bojanovich and the caretakers." Matteo was then evicted
and forbidden to visit his mother.
Not one of the sources
of information of Ms. Kramer was named. Matteo
presented to the court documents proving that Ms. Kramer
had perjured herself in regard to the poisoning
suspicions and other charges. Three registered nurses
who had together spent 19 months working for Marcelle,
appeared in court to defend Matteo from the absurd and
previously unheard charges; they were not allowed to
The judge said that he
had to give serious consideration to Ms. Kramer’s
anonymous hearsay because Ms. Kramer had the full
support of four reputable court-appointed attorneys.
All four of them were of course charging Marcelle’s bank
account. Only one nurse aide was allowed to testify,
and she denied the charges made by Ms. Kramer, and
asserted that Marcelle often asked for her son, whom she
usually called “le Petit”, or “the Little One.”
The other aides have
been prevented from testifying by Ms. Kramer, because
Ms. Kramer ignored their request to be allowed to go to
court for two hours, leaving the second aide to watch
Marcelle. The only witness presented by Ms. Kramer was
"geriatric care manager" Ms. Woitach, who testified that
she has an “amicable” relation with Matteo. She did not
even suggest that she or any nurse or aide was or had
ever been afraid of Matteo. The one complaint made by
Ms. Woitach was that Matteo was “not a team player.”
CRUEL DENIAL OF
APPROPRIATE MEDICAL CARE
problem in 2010 was no longer petty harassment, it was
drug abuse, resulting in a situation much worse than it
was in 2008. Medications not approved for vascular
dementia, Marcelle’s condition, were imposed by doctors
not mentioned in Marcelle’s medical records. Three
doctors consulted by Matteo, and asked by him to visit
Marcelle, have confirmed that these drugs are dangerous
to Marcelle. The drugs, Aricept and Namenda, were
recorded as having very negative effects upon Marcelle;
no positive effects were ever reported by nurses or
doctors. Marcelle lived in a mental state that varied
from anxiety to terror to dejection, with occasional
happy moments when allowed the company of Matteo or her
favorite aides or the visit of a dog.
Matteo had two
consultations with a psychiatry professor, whom he
brought to Marcelle so that the drugs imposed upon her
could be reassessed. Matteo said he would be waiting in
the corridor, but the aides were ordered to refuse
admittance to the doctor.
Ms. Lenore Kramer insisted that Marcelle could not
afford the best medical care any more, and refused to
allow Marcelle’s son to pay for better and comprehensive
medical care. The video you can see on
shows a lady who suffered but still fought back. She
could still say “No, I do not want to.” She could have
small temporary victories in 2008. In 2010, all that
Marcelle could do, under the influence of the unapproved
drugs forced upon her, was to express her despair by
grinding her teeth. Matteo first noticed the teeth
grinding after the Alzheimer drug Aricept had been
increased. Three doctors, including Marcelle’s dentist,
told Matteo of a likely connection between the
unapproved medications and the teeth grinding, by which
she was rapidly destroying her teeth.
Ms. Kramer insisted
that Marcelle was doing just fine. Ms. Kramer believed
that Marcelle’s bouts of choking, the collapse of her
teeth, her state of overwhelming anxiety, her
deleterious diet, or her desperate unhappiness were not
significant issues. Thus they were not even worth
mentioning in Marcelle’s “Care Plan”, a happy report
delivered to the judge by Ms. Woitach.
month after the removal of nurses and of Marcelle's
family, Marcelle developed a urinary infection. Days
later, on September 29, 2010, on the occasion of the
nurse visit that Marcelle was allowed once a week, it
was discovered that Marcelle also had pneumonia. On
September 30th, she was hospitalized. That evening,
Ms. Kramer called Matteo’s lawyer, and airily advised
him that Marcelle had “a touch of pneumonia.”
Since Justice Singh’s
order of August 27 did not give protection to Marcelle
from Matteo, but only protected the Apartment, Matteo
was able to be at the hospital every day. He observed
four meals of Marcelle, during two of which she choked.
In one episode, the choking was so severe, that Marcelle
had to give up having dinner. A week after
hospitalization, Matteo accompanied his mother on the
ambulance, as far as the door of the Apartment. Then he
had to abandon his mother in the hands of Ms. Terry
Woitach, the "geriatric care manager" hired by Ms.
Kramer to replace Matteo.
SHE WAS DYING, MARCELLE WAS NOT ALLOWED TO SEE HER SON
was not allowed to call the house or the nurse aides,
but news sometimes got to him, even though a little
late. On November 13 Matteo received a tip, and found
his mother in hospital, brought there for dehydration.
When he arrived, they had disconnected her IV, and had
not given her food or medications for more than a day.
No food, no medicines, no IV. Matteo asked why not, and
they gave her IV at once. He asked about food, and they
brought it, and she had some soup. He asked about her
meds, and they gave them to her. In other words, the
hospital nurses responded immediately. All that
Marcelle needed was an advocate in that hectic emergency
room. It seems that Marcelle’s attorneys and managers
decided it was best not to let Marcelle have an advocate
in hospital; thus they did not notify Matteo. You can
read the exact details of this outrage on
following week Marcelle was sent home. Marcelle ate
well for a few days and improved. Matteo and the aides
were all happy. Marcelle, however, was not happy, she
kept asking for Matteo. He had brought her home from
hospital, but had to stop at the door--court orders.
Tuesday Matteo heard
that the aides were very worried, Marcelle’s face was
changing. They said that she was still asking for
Matteo, but her words were becoming difficult to
understand when she tried to say something.
On Wednesday, December 1, at 5 PM,
Matteo presented to the Clerk of Justice Singh a
show-cause order, asking to be readmitted at once and to
have Ms. Kramer removed for negligence. Matteo said his
mother was dying. The Clerk answered that Justice Singh
would consider it, and that there was a regular hearing
on Friday, December 3, anyway.
December 3, at 2.30 PM, Justice Anil Singh issued his
decision: Ms. Kramer will remain as guardian of Marcelle,
and Matteo will not be allowed to see his mother.
Justice Singh could not entertain the thought that the
reputable attorneys he had appointed might, after all,
died at 7.30 PM on December 3.
Guardianship abuse and conservatorship
abuse IS elder abuse!