Mom Loses Custody Battle with Ex, Who Is Married to a Child Killer

An Oregon woman is appealing a child custody decision that allows a child killer to help raise her two sons.

Trisha Conlon of Silverton, Ore., fought to keep the boys out of her ex-husband’s home after a private investigator confirmed he was living with Kristine Cushing on Vashon Island near Seattle, the Associated Press reports.

Kristine Cushing was married twice to John Cushing Jr., both before and after he married Trisha Conlon. During Kristine and John’s first marriage, she killed their two daughters, ages 4 and 8, and blamed her actions on temporary insanity caused by Prozac, the story says. She was hospitalized nearly four years in a mental institution and underwent nearly a decade of psychiatric monitoring before receiving an unconditional release in 2005, when she remarried John Cushing.

A parenting plan gives Conlon custody of her 14-year-old son during the school year, while John Cushing has custody of their 13-year-old boy during that time, the AP story says. The teens split holidays and vacations between the two parents.

Conlon learned in 2007 that her one-time husband was living with Kristine, but he said they were getting divorced and she was no longer living there. Conlon’s suspicions that John and Kristine had reconciled were confirmed when she hired a private investigator early this year.

Conlon then sought a permanent modification of the parenting plan with John Cushing, but Commissioner Leonid Ponomarchuk of King County, Wash., refused the change, the story says. Ponomarchuk reasoned that the boys had been spending time with Kristine Cushing since 2008, although Conlon wasn’t aware of it, and there had been no problems.

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Victims’ Families Investigate Possible Serial Killer

North Babylon, New York (CNN) — Kim Overstreet took out an ad hoping to catch a killer.

The Long Island resident says she placed the ad online after learning women were disappearing not far from her home.

Some went missing as far back as 2007. Her sister, Amber Lynn Costello, was one of them. The 27-year-old who had been living in North Babylon, Long Island, disappeared in September.

Costello was eerily similar to the others.

She, Melissa Barthelemy, Maureen Brainard-Barnes, Megan Waterman and Shannan Gilbert were similar in age, height and personality.

After their other jobs had dried up, they had all occasionally advertised their services online as escorts.

And they all may have disappeared on days they met clients.

Atlantic City killings could be linked to others

In what their families say is an absence of information from police, every single woman’s family has tried to do their own kind of digging to try to understand what happened to their loved one.

Overstreet’s ad asked other women who work as escorts to call her. She wanted them to tell her if they ever encountered a client who was threatening or just didn’t seem right.

She knew few would phone police.

“I worked for a(n escort) service when I was younger,” she says. “We knew we had to protect ourselves. Police were not an option.”

In December, police had to become an option. A Suffolk County K-9 officer went searching for one of the missing women, Shannan Gilbert.

The officer did not find her. Instead he found the other four missing women. Their decomposed bodies were wrapped in burlap, dumped close together near Gilgo Beach.

“I don’t think it’s a coincidence that four bodies ended up in this area,” Suffolk County Police Commissioner Richard Dormer said at a press conference at the time.

“We could have a serial killer.”

When Overstreet got this horrifying news she says she became obsessed.

“What happened to Amber eats at me every day,” Overstreet told CNN recently. “Finding out who did this consumes me. I stay up all night doing research and trying to re-trace her last steps.”

Overstreet started pumping Costello’s friends for information about the day she disappeared. The details strike her as important:

Her sister’s last client seemed to go to great lengths to remain anonymous. He did not want to meet at her house and for some reason he called her throughout the day.

“He called her at around 10 and said he was coming down the road and told her to walk down the street,” Overstreet said. “She hung the phone up, gave it to the people she was with and walked out the door. She said, ‘If my sister calls, tell her I love her.’

“She was never seen again.”

Costello did not take her purse or phone to the appointment.

When Overstreet searched the phone to find the client’s number, it was missing. In her search for information, Overstreet met with the families of the other victims.

All the families say they regularly e-mail each other, call and connect through Facebook. Together they go over details of what they’ve found, searching for any connections police may have overlooked.

The investigation

This case dominated the headlines late last year and earlier this year when Suffolk County police said they suspected a serial killer.

Since then, the media attention has gone away.

Suffolk and Nassau County police along with the FBI are still investigating, but they have been tight-lipped about what they’ve found so far.

What is known is that after finding those first four bodies in December, police staged what is one of the largest searches in Long Island history.

Combing through the dense underbrush near where those bodies were dumped, they found the remains of up to six more people.

Investigators don’t necessarily think those bodies are connected to the first four.

That means there may be more than one serial killer at work.

“What we do know for certain is that the area in and around Gilgo Beach has been used to discard human remains for some period of time,” Suffolk County District Attorney Thomas Spota said at a press conference in April.

“As distasteful and as disturbing as that is, there is no evidence that all of these remains are that of a single killer.”

At the same time police said they were reaching out to departments in the area to ask them to dig through their open cases. For instance, a case involving the murder of four women found in Atlantic City in 2006 seemed similar to the one in Long Island.

Police say the Long Island case is still an ongoing investigation, but it will be a very difficult one to solve.

“This investigation is not an episode of ‘CSI’ or ‘Criminal Minds’ that is going to be solved in a one-hour period,” Spota said. “The investigation is multifaceted, multijurisdictional, and most likely is going to take a very long period of time to complete.”

Perhaps in light of the difficulty in solving the case, Suffolk County Crime Stoppers is offering five times its usual reward for information leading to an arrest.

Melissa Barthelemy, 24

“I still don’t sleep through the night thinking about all of it,” said Lynn Barthelemy. “We’re constantly thinking of different scenarios of who it is and how it happened.”

Since her daughter disappeared from the Bronx in 2009, Barthelemy has kept a notebook about what she learned. She also talks regularly with the families of the other victims.

The Barthelemy family, who lives in Buffalo, called every person listed on Melissa’s cell phone record. And they talked repeatedly with the last person they knew who saw their daughter.

“We harassed him so bad in the beginning that he changed his phone number,” Lynn Barthelemy said.

Not much is known about what happened the day she disappeared.

“All I know is her landlord said she was sitting on the curb as if she was waiting for someone to pick her up,” Lynn Barthelemy said. “Earlier that day she made a bank deposit of $900.”

As the family frantically searched, Melissa’s younger sister got a call about five days after she went missing.

“The caller ID said ‘Melissa,'” Lynn Barthelemy remembers. “(Her sister is) all excited so she picked up and said ‘Melissa,’ and there’s a guy on the phone.”

The Barthelemys were told by police not to reveal details about the calls, but Lynn does say the man was menacing and he wouldn’t answer the family’s questions.

Using Melissa’s phone he called them half a dozen times over a month. No call lasted longer than three minutes.

Police traced them, but the calls were made from crowded places where the man wouldn’t be easy to identify.

On the last call, Lynn Barthelemy says the man confessed.

“He did confirm that he did kill her,” she said. “That’s why we are thinking this guy obviously held these girls and tortured them. Otherwise, why else would he have called for over a month? Unless he was just torturing us.”

No other family got such calls. Buffalo lawyer Steve Cohen, who has worked with the Barthelemy family from the beginning, says he continues to help their investigation in large part because he believes other lives are at stake.

“Let’s be perfectly clear about something. We are dealing with a psychotic murderer,” Cohen said. “He is very bright, very deliberate, very calm, very well-prepared, and he will kill again.”

Maureen Brainard-Barnes, 25

Melissa Cann says she understands why police don’t tell her much about the investigation.

“I know they are working hard to find this man, and they don’t want any leaks about the case to tip him off,” she said.

But in the absence of information, she, too, has tried to piece together what happened to her 25-year-old sister, Maureen Brainard-Barnes.

“I’ve gone through all her e-mails, looked at phone records, and I talk every day to (Megan Waterman’s mother) through Facebook. We’re going up to stay with Lynn (Barthelemy) in August. We’re family now.”

Cann’s sister has been missing the longest. She disappeared in July 2007 after taking the train from her home in Connecticut to Manhattan.

After her seasonal telemarketing job ended, she advertised as an escort on Craigslist because she faced eviction court.

“She had lost her telemarketing job and couldn’t find another. She was desperate,” Cann said.

Cann’s husband and brother went down to look for Brainard-Barnes at a motel in the Times Square area where she said she was headed.

There, they handed out fliers.

“But they told me, ‘It’s not like here. Everyone in Times Square is too busy to notice anything.’ ”

Megan Waterman, 22

Megan Waterman’s family took their search for answers one step further.

With funding from the nonprofit human rights organization Avaaz, they started working with a team of private investigators.

Investigative team member Dottie Laster explains why private investigators can be helpful. Police, she says, have a different timeline than the families do.

“A family wants to rescue their daughter, or at least find quick closure. Their needs are urgent,” she said. “Police take a slower approach, which is methodical for a reason. Police focus on arresting someone and making sure there is enough evidence to convict.”

The private investigators have been able to piece together what they think happened on Waterman’s last day.

They say she and a man in her life placed escort ads on Craigslist in June 2010. Waterman, 22, and the man went from their homes in Maine down to Long Island to meet clients.

They stayed at a hotel about 10 miles away from where the bodies were found.

Laster says when Waterman got there she called home “and said ‘Mom, you can’t believe the people we’re selling to — they’re doctors, they’re lawyers, they’re law enforcement professionals,” Laster said.

She sounded a little starstruck. But after that call and a short conversation Waterman had with her daughter, the family never heard from her again.

Security camera footage showed her leaving a hotel in Hauppauge, Long Island, alone sometime after 1:30 a.m. When the usual call she made home in the morning didn’t come, the family immediately knew something was wrong.

“For them, every day was excruciating and months went by,” Laster says. “We looked and looked and we’re focusing in this area where she went missing from and — the moment it broke on the news about the four bodies and that’s the area where our investigator was looking even before they officially identified them — we just knew.”

Shannan Gilbert, 23

The same private investigation team is also working with Shannan Gilbert’s family. Sherre Gilbert, Shannan’s sister, says the private investigators’ help is a reassuring boost to her own family’s efforts.

Gilbert and her sisters have made several trips from their home in upstate New York to Long Island to look for information about their sister’s disappearance.

“We made up fliers and passed them out and went door-to-door, getting people’s stories,” Sarra Gilbert said.

While searching outside the house where their sister met her last client, a house just a few miles away from where police found the other women’s bodies, they found something disturbing.

“We actually found a piece of her jewelry.”

“The police had been there and searched it before the sisters went there, but when the sisters went they say they found her earring on the front porch,” Laster said. “So now they’re more frantic and now they’re more frustrated.”

When the sisters went through Shannan Gilbert’s cell phone records, they grew especially concerned. Her last call was to 911 and she was on the phone for 23 minutes.

Laster says police have not let them listen to that recording, but she says they have learned Gilbert can be heard saying, “He’s going to kill me.”

When the sisters went knocking on neighbors’ doors, they met Gus Colletti, who had an incredible story to tell them.

The day Gilbert went missing, Colletti had his lights on and was up about 5 a.m.

It’s very dark in the Oak Beach complex where Gilbert was meeting her client, and Colletti figures she must have run toward his light.

“She showed up at my door and started screaming ‘Help me! Help me! Help me!’ and I opened the door and she stepped in and she just stood there yelling ‘Help me,’ ” Colletti said. “I picked the phone up, I start to dial 911, and she bolted out the door. Then there was a car coming down this road slow, stopping, going, stopping. I got in front of his car and stopped him and said, ‘What are you looking for?’ and he said, ‘We were having a party at (the clients’ house) and one of the girls got upset and left. I’m looking to find her and bring her back.’ And he took off after her. And that was the last time I saw her.”

As for now, police do not consider the driver nor the client suspects.

They do consider the Gilbert case an open missing persons’ investigation.

“We are still concerned about Shannan Gilbert, who is missing,” Police Commissioner Dormer says. “We are going to continue our efforts to find her. It’s obviously something we’d like to bring to a conclusion for our investigation and for her family.”

Sherre Gilbert says the ongoing investigation and the care she has gotten from all the families who continue searching is a comfort.

The Gilberts say they still hold out hope for their sister, but every day that goes by, it gets harder and harder.

“We pray every single day about it,” Gilbert says. “I’m just hoping with all of this that one day she will get found and the killer of these other girls will get what he deserves.”

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7/12/2011 – BANK ROBBERY

On July 8, 2011, Chase Bank located at 1617 Clays Mill Road, Lexington, KY was robbed.

At about 1:57 p.m., on July 8, the suspect entered the bank and handed the teller a demand note which made a demand for money and implied that the suspect was armed with a gun. The teller complied and the suspect fled with an undisclosed amount of cash. There were no injuries.

The suspect is described as a heavyset white male, approximately 6’0”, with brown hair. He was wearing a two tone blue baseball cap with “UK” across the front; and a blue button-up shirt. He was carrying a blue nylon type bag (in which he placed the stolen money). He implied that he was armed with a gun.

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Met tried to cover up hacking

The former army intelligence officer at the centre of the latest hacking inquiry has told Sky News police tried to sweep his case under the carpet, and accuses the Metropolitan force of endemic corruption.

Sky News’ Senior Correspondent David Bowden reports:
Ian Hurst’s computer was allegedly hacked by the News Of The World searching for details of an IRA informer.
Scotland Yard is launching an investigation into information allegedly gathered illegally from him by a private investigator who, it is alleged, was working for the tabloid.
Mr Hurst, who spent 12 years gathering information for the Government, said: “The private investigator has admitted that he placed a computer trojan on my hard drive and obtained, over a three-month period, all the email traffic coming in and out.
“He could access social media and ostensibly surveiled me for a given period.”
Mr Hurst believes the hackers were looking for information on an informer for the IRA, called Steak-knife.
He has reams of documents relating to his case, which goes back to 2006, but he believes the police were reluctant to investigate properly at the time.
He said if they had acted then on the information they had, it would have stopped others from becoming victims.
“It’s incredibly important that we understand the rationale for the decisions to effectively sweep this under the carpet,” he said.
Mr Hurst claims it is more than just bad policing that allowed the gathering of information to go on for so long.
He said: “Fundamentally, what lays behind this whole cesspit – not since 2006, it predates it by many years before that – we’re dealing with institutionalised corruption.
“It’s endemic within the Metropolitan police and that has to be dealt with.”
Mr Hurst says his investigations point not only to the NOTW but other newspapers and beyond the media.
“Some of the clients that the private detectives were working for are large financial institutions, celebrities, major PR organisations.
“It’s diverse. The client is the source. They’re the people willing to pay large sums of money to obtain this unlawful information and if you don’t address the source you can put 10, 50 private detectives away but you won’t remove the demand for the information.”
As of this weekend Scotland Yard is running three separate investigations spawned from the hacking saga: one into phone interceptions, one into computer crime and the third into police corruption.

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FBI Probes News Corp

The FBI is in the initial stages of an investigation of News Corp. over allegations employees hacked into a rival’s website and its reporters sought access to phone records of 9/11 victims, Bloomberg reported Friday.

The FBI is pursuing a claim that News Corp. reporters tried to get a former New York police officer who is now a private detective to obtain phone records of victims of the 9/11 terrorist attacks. The detective declined.

The investigation is in the “most preliminary stage,” a source said. On July 14th, Peter Donald, an FBI spokesman in New York said: “We are aware of the allegations and are looking into it,” according to Reuters.

News Corp owns the U.S.-based New York Post and the Wall Street Journal.

The FBI probe was prompted by calls from congressman Peter King of New York to investigate the hacking claims, first reported by Britain’s The Daily Mirror newspaper.

The Mirror, citing an unidentified source, said journalists wanted the phone numbers of the dead as well as details of the calls they made and received in the days leading to the attacks.

Relatives of victims of the 9/11 terror attacks in New York are to meet with U.S. attorney general Eric Holder on Aug. 24 to discuss the allegations, the Guardian reported on July 27.

Norman Siegel, a lawyer who represents 20 9/11 families, said: “We are hoping the allegations of hacking prove to be untrue but we want a thorough investigation to determine what happened,” the Guardian reported.

So far no evidence has emerged to corroborate the Mirror’s story, but should the allegations gain traction, News Corp could face a mountain of civil litigation from family members.

Legal experts said that even if there had been an attempt to obtain the records, it would be very difficult to uncover, according to Reuters.

“It would be a very, very involved and elaborate investigation unless they have someone on the inside of the scheme who is providing information,” said Roland Riopelle, a partner at Sercarz & Riopelle and a former federal prosecutor.

News Corp.’s New York Post told employes to retain files related to any attempts to access unauthorized third-party data, or illegal payments to government officials, according to a memorandum posted on The Poynter Institute’s Romenesko Web site.

Alleged hacking of website
A lawyer who represented Floorgraphics, a grocery advertising firm, at a 2009 civil trial against News America Marketing In-Store Services said two Manhattan prosecutors and the FBI interviewed him on July 18. The civil suit alleged News America employees hacked into Floorgraphics website in 2003 and 2004, Bloomberg reported.

The lawsuit accused American Marketing, a News Corp. arm, of stealing business by hacking into Floorgraphics secure website 11 times from October 2003 to January 2004. At the trial, a News America lawyer admitted that his client’s computers had been used to access Floorgraphic’s site. Six days into the trial a settlement was reached whereby the company received $29.5 million and was bought by News America.

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‘Switched at Birth’ recap – Pandora’s Box

Monday’s episode of Switched at Birth, called “Pandora’s Box,” begins with Daphne looking through Regina’s guitar case, which contains pictures of Bay as she was growing up. This beginning scene automatically informs the viewers that the entire episode will revolve around that guitar case.

When Regina sees Daphne looking through those pictures, she is terrified. Daphne confronts her and asks her about those pictures. Regina tells Daphne, “I knew. I knew that you and Bay were switched.” Regina is in the process of explaining the pictures when the two are interrupted by Kathryn. She gives Regina a scarf she has bought her, and she takes Daphne to school.

As Regina steps out of her house, John stops her and informs her that the two of them have to go to court and sue the hospital. He also tells Regina that the court has something against them. He asks Regina if she knows what it would be. Regina hides her guilt by avoiding the question and she quickly leaves.

Wilkie is taking his books out of his locker when he meets Daphne. Wilkie tells her that even though he is suspended from school, he still needs to complete his homework. Daphne is still quite upset from seeing the pictures in the guitar case. As a result, she and Wilkie both leave school together. They go to Daphne’s old house, and the two of them drink alcohol and talk.

Daphne then asks Wilkie if everyone is a liar. Wilkie says that everyone lies. Daphne denies that and says that she never lies, but Wilkie is quick to contradict her. He tells her that she lies every time she says that Emmett is not in love with her.

Bay confronts Emmett, and angrily tells him that she cannot get him out of her head because he kissed her. She even asks him if the kiss meant anything to him. In response, Emmet kisses her again.

John and Kathryn are busy preparing for trial, while Regina is agitatedly making phone calls and asking if the private investigators have said anything to the hospital. At this point, no one knows what private investigators Regina is talking about. However, Regina unveils a truth at the end of the episode that involves private investigators.

Bay and Emmett are passionately kissing and Bay is learning sign language in between their kiss breaks. Bay then talks to Emmett and asks him why he never speaks. Emmett simply replies that he never feels the need to. When Bay asks for an elaboration, Emmett does not answer her and instead becomes quite upset. Sensing this, she asks him if the two of them can go back to kissing because they “seem to do it quite well,” she says.

Bay goes to Emmett’s place and sees the pictures on his wall. When she sees that the majority of pictures on his wall are Daphne’s pictures, she becomes quite jealous. Sensing this, Emmett picks up a cloth and covers all of Daphne’s pictures. He is about to tear another one of Daphne’s pictures when Bay stops him.

Meanwhile, Wilkie and Daphne leave Daphne’s old house. As they wait for Wilkie’s “boot guy” to show up, the two start passionately kissing. The two get closer, but then they both stop. Since the two have been waiting for quite a while for Wilkie’s “boot guy” to show up, Daphne texts Emmett.

Emmett receives the text as Bay is trying to talk to him. His texts interrupt Bay three times. When Emmett tells Bay that the first text is from Daphne, Bay becomes slightly angry. However, the other two times that Emmett receives the texts, Bay leaves, despite Emmett trying to stop her.

Emmett picks up Daphne. As Daphne leaves Wilkie’s car, he gives her a look and says, “Liar!” She rolls her eyes at him and leaves. Emmett signs to Daphne and tells her that her choice in boys “has gone from bad to worse.” He also signs to her and tells her that one of her buttons is missing.

Wilkie continues to look at the two of them in a teasing manner. He also asks Emmett if he always runs a taxi service or if it’s only for special friends. Emmett ignores him.

Emmett immediately senses that something is wrong with Daphne when he smells alcohol on her breath. The two go to Emmett’s place, and Daphne tries to tell Emmett that Regina knew about the switched at birth situation, but she would not tell her about it. Emmett tells Daphne that Bay deserves to know about the guitar case, but Daphne refuses to tell her about it.

Meanwhile, Regina goes home and tries to get rid of the guitar case. Kathryn, John, and Bay all see her attempting to throw out the guitar case. Kathryn and John are surprised that Regina plays the guitar, but Bay tries to get a hold of the case. Regina runs away with the case, and Bay texts Daphne, “What was in the guitar case?” Daphne does not respond.

Daphne sleeps over at Emmett’s place. She thanks Emmett and says, “My mom would’ve killed me if she smelled alcohol on my breath.” Daphne then notices pictures of Bay and Emmett and she asks him about it.

Emmett says that the pictures were taken at the junkyard when he gave her a ride. He then adds, “You know I take pictures of everything.”

Daphne is suspicious that Emmett has fallen for Bay, but she does not say anything.

Daphne and Bay meet in the morning, and Bay asks Daphne about the guitar case. Daphne tells Bay that she would like to tell her, but she can’t.

“You’ll have to ask your mom,” Daphne says.

After being contemplative for a few seconds, Bay asks, “You mean Regina?”

”Yeah. Cause she’s certainly not mine,” Daphne replies.

Both Kathryn and John Kennish are at trial, and they find out from the hospital that Regina hired a private investigator in 1998 to track Bay. At that time, both Bay and Daphne were three years old.

In the Kennishes’ living room, Bay, Daphne, and the two Kennish parents are all looking at Regina and awaiting an explanation.

Regina explains that her husband, Angelo, suspected that Daphne was not his biological daughter. He suspected that Regina had an affair. Regina then did Daphne’s testing herself and found out that Daphne really was not her biological daughter. Angelo left, and he left Regina and Daphne when he had an excuse that Daphne was not his biological daughter.

When Regina found out that Daphne was switched at birth, she was already three years old. At that point, it was too late to go and switch Daphne with Bay. Regina had already started loving and caring for Daphne. Regina also had DUI problems, and she did not want another family taking away Daphne from her.

At this point, Bay is hurt and she asks Regina why she didn’t come for her. Regina said that at that point, she was already a part of another family; she was Bay Kennish. However, she did keep a private investigator, and she kept pictures of her as well as bio-data of her and her parents. That was in the guitar case. She did what she thought was best.

John tells Regina, “I want you out.”

Bay goes to Emmett’s place to vent, and Emmett tells her to slow down because he cannot understand her. Bay becomes even more frustrated, and she says, “No, I don’t want to slow down!”

She then suddenly tells Emmett that she doesn’t know what she’s doing at Emmett’s place, and she turns to leave. Emmett stops her and hugs her as Bay cries.

Regina talks to Daphne. However, Regina’s efforts to make her daughter see the situation from her point of view are futile. She tells Daphne that she raised her, tucked her in every night, protected her. She then asks Daphne that after all of that, Daphne still “wants to be with them?” Daphne, however, is still quite angry and refuses to understand.

Meanwhile, John is angry and tells Kathryn that he wants to take custody of both of their daughters.

Regina is quite heartbroken and packs to leave. When Toby sees her and asks her if she’s leaving, Regina says that she is going to Melody’s place for a couple of days. Toby says that he doesn’t want to get involved, but he knows that Regina is a good person because she helped him out with his problem. At this point, Regina becomes quite emotional, and she hugs him.

Toby leaves, and Regina sees Bay. When Regina calls out to her, Bay just leaves

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Woes for Kensington closer long evident

When a private investigator finally tracked down the owner of Choice Title of South Florida in the fall of 2009, the contents of her office were in a pile on her living-room floor and homeowner complaints were mounting in Tallahassee.

Milissa Hernandez’s company was facing fraud, conspiracy and breach of contract lawsuits. Its underwriter, the respected Old Republic National Title Insurance Co., had terminated its contract, and a wronged Broward County homeowner was about to receive a $217,873 judgment against it.

None of it should have been a surprise.

State slow to respond

A Palm Beach Post investigation found Florida Division of Consumer Services complaints dating to 2004 against the Plantation-based company that conducted closings at the foreclosure-wracked Kensington of Royal Palm Beach condominiums.

The Florida Division of Financial Services was alerted to a possible violation in 2008, but it wasn’t until Dec. 30 that it moved to shut down the company.

“That seems like a long time for them to file something,” said Ed Diaz, a Kensington homeowner dealing with the repercussions of Choice Title’s handiwork. “Someone should have taken more responsibility.”

Diaz has a mortgage for unit 102 at the Kensington, a 167-home condo conversion with a 73 percent foreclosure rate. Choice Title closed his loan, as well as at least one other in the community. The second loan was so suspect the Palm Beach County Property Appraiser’s Office sent it to the FBI.

The problem with Diaz’s sale is that the owner of record for the townhome is someone else, Miami resident Madelin Ayala. Ayala says her 2008 closing fell through, though her mortgage and deed are in official records.

As the closing agent for Diaz, Choice Title was supposed to ensure there were no other claims on unit 102 and to file Diaz’s mortgage and deed in county records.

According to closing documents provided to The Palm Beach Post by Diaz, Choice Title received more than $3,200 for the work.

But neither his deed nor original mortgage were ever filed. Diaz says his HUD-1 closing statement also was faked to make it appear he put 20 percent down on his loan when he says he did not.

Now Diaz is trying to sort out what happened. Old Republic, which hired the private investigator, says there are tens of thousands of dollars in unexplained transfers from the company’s escrow account into its operating account.

And Hernandez, as recently as March, solicited on her Facebook account for mortgage brokers and loan officers. When a friend responded asking whether Hernandez had opened a new company, she said she would answer in a private message because she is “trying to keep certain things secret! LOL.”

Hernandez, 37, is still licensed in Florida but was issued a state complaint in March . The Department of Financial Services is moving forward with suspending or revoking her license after she failed to respond to the complaint by July 15.

A phone number listed for Hernandez was not accepting incoming calls. A message sent to her via Facebook was not returned.

Choice owner unclear

Alan Fields, executive director of the Florida Land Title Association, said lengthy state investigations are not unusual, adding that officials will often delay taking action if they know a criminal case has been opened.

“They don’t want to do anything to impair the criminal side,” Fields said. “So the fact that there was a significant time lag is probably not a Department of Financial Services issue.”

The FBI will not confirm or deny an investigation.

Florida Department of State records show Choice Title of South Florida was founded in 2003, with a 2005 amendment naming Hernandez registered agent and director.

The state calls her the company’s “sole officer” in its complaint.

But who was really running Choice Title remains in question.

The Old Republic lawsuit names Hernandez, but also employee Ashley Emerson – who it says was unlawfully handed control of the company at some point – and Weston resident Gilbert Torres. Hernandez told the private investigator that Torres is her former brother-in-law.

Torres, 38, is also the former president of Advantage One Mortgage, a Plantation-based company that went bankrupt in 2008.

Broward County records show Torres owned half of Choice Title until 2007, when he sold it to Hernandez for $350,000.

Two years later, in November 2009, Hernandez told the private investigator that Choice Title’s computer server was at Torres’ home.

Also, Advantage One and Choice Title are linked in the Broward County court judgment, labeled co-conspirators in a mortgage refinance that involved a forged quit-claim deed.

“Choice Title made money and the mortgage company made money and there was obvious forgery,” said Fort Lauderdale attorney Geoffrey Ittleman, who won the 2009 judgment. “The mortgage company was in bed with the title company.”

Torres now carries several licenses to sell insurance in Florida. Allstate’s website lists him as an agent doing business out of the company’s Plantation office.

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Posted in Private detective | Tagged | Comments Off on Woes for Kensington closer long evident

Duped by a blonde too good to be true, ‘Dirty DUI’ victim seeks redemption

MARTINEZ — She was a striking blonde who spent a lot of time in Hawaii, just like he did. She was an avid Sharks fan, just like him. She said all the right things and made it clear that she wanted him.

“I haven’t had sex in so long,” she cooed on their first date.

Deep down, Dave Dutcher — unassuming aeronautics engineer, father of three, recently split from his wife — suspected that his Match.com sweetheart was too good to be true. And when a wildly flirtatious second date ended in a DUI, Dutcher wondered whether his ex-wife was somehow connected to the woman who had fed him shots and invited him hot-tubbing with an equally coquettish friend.

Then, two years later, a major police corruption scandal centered on a Concord private investigator exploded, and a prosecutor confirmed Dutcher’s suspicions: He had been set up.

Now, on Monday, in a Contra Costa County courtroom, Dutcher will get his first chance at redemption: A judge will consider whether the stain from that night — one of the five cases known as Contra Costa County’s “dirty DUIs” — unfairly tinged his divorce settlement. And prosecutors have also taken the extraordinary position that they will not stand in the way if Dutcher wants to withdraw his no contest plea — two years later — and ask a judge to wipe the crime from his record.

It’s a stunning reversal of fortune for a 49-year-old man who, by his own admission, made a terribldecision to get behind the wheel that night in late 2008 after leaving the Old Spaghetti Factory in downtown Concord.

“I’m ashamed that I let my guard down,” the Concord father said.

A kind of celebrity?

On that night, when his date and her friend flashed their breasts at Dutcher, he said he was as confused as the other men at the bar who wondered whether he was some kind of movie producer.

So when the women left in their two-seat convertible and asked Dutcher to follow, he climbed in his Ford four-wheel-drive pickup. He said he watched them run a red light, just before he noticed a police officer was pulling him over. He was arrested for drunken driving with a 0.12 blood alcohol content. Little did the Concord police officer know that Dutcher was being led into a trap.

But, according to court records, the officer who arrested Dutcher had been tipped off by his acquaintance Christopher Butler, the one-time Antioch police officer and private investigator now at the center of a federal grand jury investigation that is also probing the former Central Contra Costa Narcotics Enforcement Team commander Norman Wielsch and three recently resigned cops from Danville, San Ramon and the Contra Costa County Sheriff’s Office.

The group is already charged by the state for a series of alleged crimes, including selling stolen drug evidence, harboring illegal weapons and threatening witnesses. Butler and former Danville Officer Stephen Tanabe are each charged in connection with the setup DUIs. Dutcher is among the witnesses who have been subpoenaed by the U.S. attorney’s office to testify.

On Monday, Dutcher will try to convince a family law judge that his ex-wife and her former attorney orchestrated his arrest to gain advantage in the divorce and keep him from his children — claims they both strongly dispute.

He wants more time with his kids, a new divorce settlement and accountability for the individuals he believes burned him. Dutcher said the arrest forced him into an unfavorable divorce agreement and that his ex-wife and her attorney used the DUI to keep him from his children.

“What they did was unconscionable and I believe the judgment is illegal,” Dutcher said. “Ultimately, I don’t want to see this happen to any other parents or children.”

Specialized in infidelity

Neither Butler, Dutcher’s ex-wife, Susan Dutcher, nor her former San Ramon attorney Mary Nolan returned requests for comments for this story. But in court declarations, both Susan Dutcher, a Brentwood substitute teacher, and Nolan deny being part of a conspiracy.

Susan Dutcher and her current attorney, Pamela Lauser, disagree that Dave Dutcher’s arrest affected the divorce and child custody arrangement. They also argue that no one forced him to drink and drive. Susan Dutcher acknowledges she hired Butler, who was in the restaurant observing Dave Dutcher that night, but told the court she went to Butler only because she was worried that her husband of 15 years was drinking and driving with her kids in the car.

“Again, there was no plan to set up a DUI arrest; I only wanted Mr. Butler to watch Mr. Dutcher drink and drive so he could report this to the court for the safety and protection of my children,” Susan Dutcher wrote in a declaration to the court. “There was never a discussion with me about Mr. Butler notifying the police if he saw Mr. Dutcher driving after drinking to excess.”

Butler, one of five former police officers who have pleaded not guilty to a 38-count felony complaint, told a DA inspector that Dutcher was the second divorcing spouse of a Nolan client who was arrested for DUI as a result of one of his undercover stings using female decoys. Court records show that Nolan was Butler’s attorney when he divorced his first wife. Dutcher’s date, identified by Butler as Sharon Taylor, was described on Butler’s firm’s website as a former Las Vegas showgirl and casino security operative who specialized in infidelity cases and undercover stings.

Nolan paid Butler by check about $1,500 to track another divorcing man, Clayton contractor Declan Woods, Butler told investigators. Dutcher’s wife paid Butler $2,500 cash, court records show.

The District Attorney’s Office dismissed three pending DUI cases linked to Butler after his February arrest. Prosecutors even went so far as to share transcripts of Butler’s interview about the setups with Dutcher and Woods and advised the two men that they could seek to have their convictions wiped from their records.

“I hope in some small way this information will help you recoup both rights and dignities lost in one of the most deplorable legal practices I have ever heard of,” senior deputy district attorney Harold Jewett wrote in a letter to Dutcher.

Following orders?

For his part, Butler told the district attorney he was only following a client’s orders when he set up Dutcher. His statements to investigators indicate that Susan Dutcher specifically asked that her ex get arrested, and that Nolan wanted it caught on video — a claim that, if true, could implicate Nolan.

“Lawyers getting involved with investigators, there’s a history of troubles there,” legal ethics expert Diane Karpman said, pointing to a well-known Los Angeles case in which entertainment lawyer Terry Christensen was sentenced to three years in prison for conspiring with a private investigator to wiretap a client’s ex-wife. “I think that setting people up, that would be an act of moral turpitude in violation of the rules of professional conduct,” Karpman said.

In a declaration to the judge presiding over the Dutcher divorce, however, Nolan wrote that she was out of town in late 2008 and was unaware that her paralegal at the time had referred Susan Dutcher to Butler until she was contacted by the media for a comment this year. She denies Butler’s claim that she had him video Dutcher’s arrest, stressing that she had nothing to do with it.

“In my opinion, Mr. Butler took advantage of Ms. Dutcher. When they met, Ms. Dutcher was a distressed, anxious … woman,” Nolan wrote. “She was very concerned about David Dutcher’s character and propensity towards various addictions. I believe Mr. Butler presented the ‘sting operation’ as the only way for her to protect her children.”

Family law Judge Charles Burch told the Dutchers in June that he is uninterested in determining whether a crime was committed: He’ll leave that for authorities investigating the scandal.

But the judge is concerned about whether Butler’s role in Dutcher’s arrest was something that should have been known before the couple finalized their divorce.

Dutcher is convinced it was.

“Everything changed after the arrest,” Dutcher said. “Custody went from 60/40 to 90/10, though it’s really more like 4 (percent). My kids are so alienated now, I rarely ever see them.”

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Posted in Private detective | Tagged | 1 Comment

Detective keeps an eye on elder abuse

Jacob Mueller quickly tired of his early retirement from police work.
He opened a private-investigations firm, but Mueller didn’t find adultery investigations and other divorce-related work interesting.
“I sat in cars taking pictures of cheating spouses and people collecting alimony who said they weren’t working but really were,” he said. “I felt like there was something missing.”
Through networking online, Mueller was hired by relatives of an elderly, disabled Prescott Valley resident to determine whether an employee hired to care for the person was stealing. It turned out the family’s suspicions were correct, and Mueller had found his niche.

“Families should not trust a $20 Internet background check when it comes to checking the backgrounds of the people caring for their loved ones,” he said. “There really is no national criminal background check” that can be conducted for a few dollars online.

Mueller has since moved to Ahwatukee and turned the focus of his company, Global Eye Investigations, to investigating abuse, neglect and financial exploitation of the elderly.

He pointed out that such crimes don’t just happen to older people who are isolated and unknown. Mueller said he was particularly troubled earlier this year when, at age 90, legendary actor Mickey Rooney testified before a Senate committee about being the victim of abuse and exploitation by a family member.

“Elder abuse is a lot more hidden than you would think,” he said. “The percentage of cases that are ever reported are very low compared with what is going on out there.”

Last year, Arizona’s Adult Protective Services investigated 6,488 reports of “vulnerable adult” mistreatment, and most of the reports were made by health or social-service workers, according to a report by the state Department of Economic Security.

Dana Young, owner of the Discovery Detective Group in Scottsdale and vice president of the Arizona Association of Licensed Private Investigators, said many private investigators, including those in her own group, take on elder-abuse cases. Three to 5 percent of the cases her company investigates annually are elder-abuse cases, she said. But Young said it’s rare for a company to specialize in elder-abuse cases.

“A lot of people don’t have the money to hire private investigators,” Young said.

All the more reason for elder abuse to be his specialty, said Mueller, who also said he is available to conduct no-cost workshops on recognizing and reporting abuse of the elderly. Mueller said his clients have fallen into three categories:

– Businesses that need to check the backgrounds of applicants for care-home jobs.

– Relatives of older people who suspect their family members are being abused, neglected or defrauded.

– People who want his general advice on how to recognize elder abuse.

In one recent case in Mesa, he said, a care-home owner became suspicious of the behavior of a worker. Mueller ran a background check and told the owner that the employee had served a five-year prison term for selling cocaine – something that was not disclosed on the job application.

He also said he recently looked into allegations of toxic mold and neglect of patients in a West Valley care home.

“I can’t guarantee what I am going to find, but I guarantee people will sleep a little better having the information they are seeking,” he said.

Read more: http://www.azcentral.com/arizonarepublic/business/articles/2011/07/30/20110730ahwatukee-elderly-abuse.html#ixzz1TbYBOJUX

In 2004, he left the Oxnard Police Department in California with enough benefits to provide a nice life in Prescott. But a retiree’s life was not enough to occupy someone who once thrived on participating in car chases and underwater rescues and arresting gang members.

“I found myself slipping,” Mueller said. “I needed something more challenging to do.”

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Posted in Private Investigation | Tagged | 2 Comments

Missing signs causing uproar

COSTA MESA — Politics boiled over into other areas of city life this week, as the Orange County Employees Assn. found itself having to explain why a private investigator was questioning parents of high school football players about missing campaign signs.

“Scores of our supporters have reported their signs were vandalized or stolen from their private property,” OCEA spokeswoman Jennifer Muir said Friday. “We attempted to look into and resolve the matter privately so that nobody got in trouble.”

Instead, the group found itself in trouble with some Estancia High School parents when a private investigator stopped by their homes, and asked if their kids knew anything about the missing signs.
The two families who were contacted have players on the football team, and Councilman Steve Mensinger is one of its boosters.

“Blaming us and my brothers in your drama, it makes me embarrassed to say I live in a city with such people,” Estancia’s star running back, Robert Murtha, wrote on Facebook.

“You got problems? Fix it,” he continued. “But sending investigators to my home draws the line. Have to go that low to blaming high school students?? What great adult role models…”

Since the City Council elected in March to outsource nearly half of the municipal government’s jobs to cut costs, council members reportedly have been targets of vandalism, while workers have claimed that city leaders have targeted them for harassment and intimidation.

“Without regard to the specific topic, I think it’s sort of out of bounds,” said Jim Scott Jr., president emeritus of Costa Mesa United, a local sports organization.

“I’ve lived in Costa Mesa since the 1960s,” he added. “This is outside of my bell curve of life in the norm … It’s inappropriate because they’re kids. Kids should be off limits. They’re not voters.”

According to the Orange County Register, which first reported the news, the investigator said he was hired by an unnamed employee union. Mensinger jumped on that Friday and issued his own media statement.

If the story is true, he said, the OCEA needs to rein in its leadership, specifically General Manager Nick Berardino. Neither the investigator or the students’ parents were available for comment Friday, and no one other than Mensinger has accused Berardino of being involved.

“Hiring [private investigators] to intimidate our community’s kids — who by the way did nothing wrong — might be labor’s accepted practice in New Jersey or Detroit, but it’s not right in Costa Mesa, and it needs to stop now,” Mensinger wrote in his statement.

OCEA denied that any intimidation was involved and maintained that it was only looking into missing political signs.

“There were and continue to be a lot of rumors in the community about the disappearance of Cancel the Layoff signs, and we respectfully followed up by making a few simple inquiries instead of jumping to conclusions,” Muir said. “We just wanted the vandalism to stop.”

Muir then took aim at Mensinger, by saying it was the councilman who was trying to intimidate workers and residents opposed to the city’s outsourcing proposals.

“We hope he’ll knock it off soon,” she said.

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Posted in Private detective | Tagged | 1 Comment