Thanks, Eliot for sending this along.
It’s interesting how the judge can’t figure out this guardianship, why Helen Stone bounces back and forth between hospital and nursing home.
It’s also interesting how Lustig says Barbara’s visiting her mother is a “legal issue”–no it’s not. Also, who gives a hockey puck about the attorneys fees. On Barbara and her brother stand to inherit from mom, and brother already forged $600k in checks out of mom’s account, so what is that even relevant?
Barbara is fighting to see her mother and report abuse. Lustig and Lapides are running a cover up operation.
This judge is visibly concerned and Barbara should amend and go back.
THE COURT: Well, let me just state that, if
everything that you’re saying is true, it’s absolutely horrific. There is no doubt about it. It’s absolutely horrific. My only question to you, Ms. Stone, is: What is it that — what relief are you asking of me? What can I do, as a Broward County judge?
THE COURT: If what you’re asking for relief, I would have to appoint someone, uh, who’s an objective person, have them go and do an evaluation, get a medical evaluation, you know, immediately. I’d say within 24 hours. And then make a recommendation as to what they think should be done.
THE COURT: — and they do an independent evaluation as to what her condition is and have them report back to me. If they report back to meand say, “We need to have her in a hospital setting in order to evaluate her medical condition,” then I’ll consider it. I can’t just order that she be moved. I can’t do that.
THE COURT: “I don’t believe anything” —
- STONE: I understand.
THE COURT: — “you say, Mr. Lustig.”
THE COURT: I have to tell you though, Mr. Lustig, I’m very concerned with what I read here.
- LAPIDES: Sure. Absolutely.
THE COURT: You can stay there.
was called as a witness and, having been duly sworn, was
examined and testified as follows:
BY THE COURT:
- Okay. Can you enlighten me a little bit here.
You can stay there. It’s okay.
- Or wherever you’re comfortable.
- I’m fine here. What — do you want to ask me questions? Do you want — what would you like to know, judge?
- I would like you to tell me what’s going on here.
- I am, along with Jacque Hertz, trying to do our best for Aunt Helen.
- So why does Ms. Stone keep having a problem with the way her mother is being cared for and treated?
- A. Because Barbara cannot control me.
- Well, forget about Barbara controlling you.
If I went to go see Helen Stone right now, what kind of condition would she be in?
- She’d be fine. She and I were out this morning.
- She’s fine?
- She’s fine. She’s an 87-year-old woman. She does have health issues.
- I don’t have a 100-year-old great aunt. She’s fine. [THIS IS JUDGE STATING SHE HAS A 100 YEAR OLD AUNT WHO IS FINE, etc.)
- LUSTIG: Well, she has dementia, too.
THE WITNESS: She has dementia. She has a very unsteady gait. She is using a wheelchair. She gets physical and occupational therapy five days a week, which of course Barbara’s not aware of because she’s not allowed to see her mother. So she assumes that nothing is being done.
- STONE: Your Honor, may I ask why I’m not allowed to go see my mother? Maybe that would be a good question.
THE COURT: Well, we’ll get to that a minute.
- LAPIDES: Okay. When — when the MiraLAX, as Barbara calls it, issue came up, it was not about MiraLAX, Your Honor. That’s in Barbara’s mind. That’s what she wants to make —
BY THE COURT:
- I want to hear more about the condition of Ms. Helen Stone.
- She’s fine. She was in the hospital because she —
- Well, why does she keep going? I mean —
- — did you read the —
- We’re talking about four times in two — two and — two plus years.
- Okay. All right.
- Is she eating? I mean —
- She can —
- — is she being force-fed?
- Okay. She is not being fed by mouth because she does not swallow properly. She aspirates, which means that the food and the, uh, liquids will go intoher lungs, which can cause pneumonia. That is a very serious health hazard. There has been —
- Well, how does she eat?
- She is being fed by a feeding tube. She gets all of her nutrition by a feeding tube. Barbara has countered that she has lost a hundred, uh — she’s lost 30 pounds.
- STONE: Forty.
THE WITNESS: Oh, 40 pounds now. Okay. So we’re at 40 pounds. Helen is now weighing 120 pounds. She is 4’10”. Um, I would venture to say with an additional 30 or 40 pounds, she would be seriously overweight. She is appropriately —
BY THE COURT:
- So she’s eating? She’s being fed?
- She’s being –
- She’s gets regular —
- She’s given nutrition.
- She has regular care? She has doctors?
- She has — she sees the doctor, probably –I’d have to go back and look at my list. But, I mean, I have a list of –
THE WITNESS: The guardianship fees. My issue with the guardianship fees initially was that this is family. And I will not, uh, charge for taking care of my Aunt Helen. I just wasn’t going to do
- That’s what family does for each other. However, I have spent untold hundreds and hundreds of hours dealing with the litigation that Barbara has initiated that has nothing to do with Helen.
BY THE COURT:
- No. What I’m —
- And so I do take fees for that.
- Okay. Let me ask you this. Why can’t Barbara, if she had a — somebody with her, whatever you want to call that, a controlled visit, why can’t Barbara see her mother?
- LUSTIG: May I respond to that, since it’s a legal issue?
THE COURT: Why is it a legal issue? She’s the guardian.
- LUSTIG: No. It has nothing to do withher.
THE WITNESS: No.
- LUSTIG: She can’t order it one way or another. There’s two pending stay-away orders from the criminal court, that we had nothing to do with.
THE COURT: Who had something to do with them?
- LUSTIG: The state attorney’s office.
THE COURT: But who initiated them?
- LUSTIG: The Aventura police and the Metro-Dade police when she —
THE COURT: Why?
- LUSTIG: — was arrested for abducting her mother when she took her mother off the premises, didn’t tell anybody. And they found her nine hours later in Fort Lauderdale. That’s why.
THE COURT: Why is that abducting? She’s her mother.
- LUSTIG: Because she was under a previous court order that she could not interfere with the facility. She could not interfere with her mother’s duty.
THE COURT: Okay. How does she get that changed? How does she get visitation rights to her mother?
- LUSTIG: You get an attorney, Your Honor. That’s what she’s been asked to do, instead of filing pro se, which is what’s been going on here. You get yourself an attorney, which is what Judge Genden ordered her to do. Get a Florida Barattorney and — to represent you. That’s all that needs to be done here. Okay? I can’t do anything about stay-away orders with the — with the criminal court. I don’t practice criminal law. In reference to Judge Genden, he has an injunction and stay-away order that was issued against her after she abducted her mother.
THE COURT: All right. Let me go back. Ms. Lapides is telling me that she’s fine.
BY THE COURT:
- You were with her this morning. You went out.
- Yes. We went out this morning.
- When you say you went out, where did you go?
- She had a doctor’s appointment and we went to see the doctor. And everything was fine.
- And so then she goes back for lunch and she gets fed by a feeding tube?
- Yes. She gets fed, actually, I think it’s five times a day. Smaller amounts because of her GERD
THE COURT: Ms. Stone, I am extremely sympathetic to the situation. I can’t even imagine
being in the position that you’re in.
THE COURT: Ms. Stone. Ms. Stone, again, with all due respect, again, I am very sympathetic to your situation. I feel horrible. Again, if this is what’s going on, I feel horrible that you can’t see your mom; that you’ve been prevented — that you’ve been arrested; that — like I said, I can’t
even imagine being in your situation. But having said that, I’m dismissing it. If you want to move to amend and if you can make a case for jurisdiction, then make a case for jurisdiction.
- BERNSTEIN: Your Honor?
THE COURT: Yes.
- BERNSTEIN: As being a whistleblower of the Florida Bar, it becomes very difficult for attorneys to come and help her without fearing
retribution and threats and whatever from other members. You have solid evidence that that occurred from a member of the Florida Bar who puther —
- LUSTIG: Your Honor —
- BERNSTEIN: — reputation and license on
the line. I’m just saying, from an outside casual observer.
- LUSTIG: Your Honor —
- BERNSTEIN: It’s very hard to witness —
- LUSTIG: I object.
- BERNSTEIN: It’s a very simple and narrow thing.
- LUSTIG: You want to put him on the stand?
- BERNSTEIN: Could you — could you protect her attorney by saying to her attorney, You’re not– you know, “You’re to report to me and tell me if anybody contacts you regarding this case, that’s outside of the typical channels in the case and immediately report to me for — and I will protect you”? Because I do know two of the lawyers she’s talking about and people are scared. I mean,you’re taking on a case where you’re helping somebody who’s blowing the whistle on serious judges in a racketeering scheme she’s described,
which is very serious allegations, as you know. So, you know — and she’s willing to take them on and do this, obviously. So all she’s saying is, I think, “I’ll come back to your Court with a modified amended complaint” —
THE COURT: And if it is for a whistleblower,
then you need to file that —
- BERNSTEIN: As a count.
THE COURT: I’m sorry?
- BERNSTEIN: As a count?
THE COURT: As a count.
- BERNSTEIN: Yeah.
THE COURT: And you need to state a cause of action.
- BERNSTEIN: Okay.
THE COURT: And not a hundred pages of attachments, criminal complaints. You need to
state a cause of action, if that’s what you want this Court to do, if that’s what your relief is,
then you need to plead a case for whistleblower.
- STONE: Your Honor, may I —
THE COURT: Not to say plaintiff is a whistleblower.
(A discussion was held between Ms. Stone and
THE COURT: Ms. Stone, are you listening? Ms. Stone. Ms. Stone, if you want to plead a case for whistleblower, you need to either hire a counsel or you need to research the statute on whistleblowing, what the elements are for a whistleblower, and you need to state those and list those all in a cause of action, if that’s what you are asking this Court. That’s not what I read in here, except you saying, “Plaintiff is a whistleblower.” Okay?
Eliot I. Bernstein inventor
Iviewit Holdings, Inc. – DL
2753 N.W. 34th St.
Boca Raton, Florida 33434-3459
(561) 245.8588 (o)
(561) 886.7628 (c)
(561) 245-8644 (f)