Melodie Scott and the State of California --
In the Business of Death?
by Janet C. Phelan
Archived here with permission
of the author, Janet Phelan
and Robert Kelly, Publisher,
"Oceania is not at war with East or Eurasia.
Oceania is at war with you." — George Orwell, "1984"
architecturally unremarkable beige building, the war has come home.
Nestled behind the Redlands Police Department, the Redlands Superior
Courthouse is housing a systematic and covert assault on the lives
and life-savings of San Bernardino County's elderly and disabled.
A smiling, bespectacled security officer, sporting a platinum
blonde ponytail, runs the visitors through a metal detector as they
enter. One walks into a lobby area, with two courtrooms off to the
side: Department E1 and Department E2. Only traffic and probate are
now heard in the Redlands Court. At the far end are the filing
windows, where smiling and attentive clerks will retrieve files and
accept court filings. In the California Superior Court system, one
must pay a filing fee in order to enable the court to dismantle one's
life and estate.
of San Bernardino Court judges, beaming beatifically, and
posing in their black robes. However, Judge Michael Welch is not
smiling. Welch is one of only two probate judges in the entire San
Bernardino County, and as such is the point man for the probate
conveyor belt, which is grinding up the elderly and turning them into
cash, through the court conservatorship and guardianship programs.
This is how it works: A family member, or even a neighbor, may
notice that an elderly person is alone and may be increasingly
vulnerable. Depending on the morality and authenticity of the
concerned party, that person may contact Adult Protective Services,
or may attempt to file for guardianship over the elder, in order to
either protect or to gain access to that person's funds. The police
may become involved, if there are allegations of lack of capacity or
of financial or physical abuse. This opens the door for the
professional conservator, buttressed by her lawyers,
to "move in for the kill."
Inc. -- Conservatorship and Resources for the Elderly -- which is
located a mere stone's throw away from the Redlands Courthouse, in a
quaint, two story building at 25 E. State Street. The "C.A.R.E.
Group" consists of two conservators -- Melodie Z. Scott, President and
founder of C.A.R.E. and Lawrence Dean II -- and their attorneys. Up
until last year, Scott was primarily represented by Hartnell,
Horspool and Fox, which has split into two firms -- Hartnell, Lister
and Moore, and Horspool and Parker.
J. David Horspool appears as chief counsel on the lion's share of
C.A.R.E. cases. Horspool, who was born in nearby Riverside, is a
Mormon, and was educated at the Mormon stronghold of Brigham Young
University, where he received both his undergraduate degree and his
J.D. He is a former mayor pro-tem of Moreno Valley, and was
implicated in a vote fraud issue there in the nineties, during his
campaign for city council.
sole survivors of the infamous Zodiac killer, when the "Zodiac" movie
hit the big screen. Hartnell had a bit part in the movie. While some
detailed crime analysis has indicated that the attack on Hartnell and
Cecelia Shepard was a copy-cat and not a bonafide Zodiac attack, this
was not brought to light on the silver screen. Hartnell escaped with
non-life threatening injuries, but Shepard died as a result of the
A smattering of "independent" attorneys also serve the "C.A.R.E.
Group," such as President of the High Desert Bar Association, Sherri
Kastilahn. Some of the court-appointed counsel for potential
conservatees are known to regularly lob their clients in the
direction of Scott and Dean. These include attorneys Donnasue Ortiz
and Lenita Skoretz, among others. By some estimates, the "C.A.R.E.
Group" now has its tentacles in 60-70% of the conservatorship and
estate administration cases in San Bernardino County.
One attorney, speaking on condition of anonymity, voiced her
opinion that all San Bernardino Probate cases were moved to Redlands
recently to accommodate the "C.A.R.E. Group," most of whom maintain
their offices in Redlands, within walking distance of the courthouse.
referred to as the richest and most powerful conservator in Southern
California. A tall, well-dressed blonde with a college education and
a Private Investigator's license, Scott has a reputation as a "high-
roller," and frequently parties with elected officials and other
members of San Bernardino's upper crust. Her resume reads like a
poster-girl for an accomplished and respected conservator, and
includes expert witness status, college level teaching experience (at
California State University at Fullerton) a stint as President of the
Professional Conservators of Southern California, as well as serving
as a board member for Redlands Family Service. Like her attorney,
Horspool, she has also run for public office.
Street, an entirely different picture has emerged, revealing a
reality as shocking and heinous as what went on behind closed doors
in Hitler's eugenics labs. The "C.A.R.E. Group" is, in fact, preying
on the life-savings of its helpless and vulnerable clients, who
appear to die very quickly as soon as C.A.R.E. has sucked the
lifeblood out of their estates.
According to Jerry Villanueva, an investigator with the San
Bernardino County District Attorney's office, five separate counties
have received complaints alleging criminal activity by Melodie Scott
and her crew. Villanueva recently revealed that all incoming reports
concerning Scott are being referred to the California Attorney
General's office, which is patently refusing to investigate
allegations of criminal activity by Scott's group.
"I don't 'do' families," stated a brusque Melodie Scott, in
response to a query by this reporter as to the services offered by
C.A.R.E. A review of the court files in Redlands Superior Court
largely substantiates this. Time after time, C.A.R.E. has filed for
conservatorship of elderly women, left vulnerable after the death of
a spouse, with offspring or other family members either out of state
or otherwise absent from the picture. When there are family members
present to witness the actions taken by Melodie Scott, in concert
with other members of the "C.A.R.E. Group," they generally end up
Redlands Court. Mary Beth Fairbanks, the daughter of deceased
conservatee Elizabeth Fairbanks, first contacted this reporter in the
Fall of 2006. Following what Mary Beth repeatedly referred to as the
murder of her mother at the direction of Melodie Z. Scott, the
younger Fairbanks organized a demonstration in front of the SB County
Courthouse, timed with her appearance in Court on October 13, 2006,
to lodge her protest with Superior Court Judge Frank Gafkowski.
A number of family members, conservatorship victims and
others impacted by Melodie Z. Scott, showed up at the demonstration,
which was covered on the local ABC affiliate and by local press.
A review of the medical records prior to Fairbanks' death
substantiates Mary Beth's allegation that directives by Melodie Z. Scott,
conservator of person and estate for Elizabeth Fairbanks, were
instrumental in the elderly woman's death. Unbeknownst to the family,
Melodie Scott had signed a "Do Not Resuscitate" order shortly after
achieving conservatorship over Fairbanks. TAB has retrieved the DNR
from the court file, and Fairbanks signature does not appear on this
direction of Scott, received only two doses of antibiotics during the
entire course of the illness. At a critical moment in her increasing
respiratory distress, she was administered two doses of the opiate,
Roxanol, which put Fairbanks into respiratory arrest. Two hours
following the administration of the second, more powerful dose of
Roxanol, Fairbanks died. Roxanol is contraindicated for patients with
had no money left to fund the conservatorship.
Bernardino Court: "I have attempted since 2003 to find an attorney to
help me with stopping what Ms. Scott was doing. No attorney would
help me due to Ms. Scott's power in the San Bernardino area .... My
mother died of pneumonia, which has a good success rate if treated
aggressively and correctly. Why would Ms. Scott think if my mother
was hospitalized and aggressively treated that she could end up a
vegetable? If my mother had a stroke I could understand what Ms.
Scott did but not to give my mother a chance is incomprehensible to
Judge Michael Welch wrote a decision in the Fairbanks case, and
diligently avoided any questions of possible criminal behavior by
Melodie Scott. He took a quick detour around the issue of whether
Fairbanks herself actually requested or even knew of the "Do Not
Resuscitate" order. He wrote: "Apparently, shortly after Ms. Scott
became the Conservator, the Conservatee had requested a "Do Not
Resuscitate" (DNR) order. Ms. Scott's notes reflect that the
Conservatee had the capacity to make such a decision .... The children
all testified that they did not know their mother had made such a
request. In fact, they were adamant that their mother had expressed
to them just the opposite …."
"Apparently" Fairbanks had requested the DNR does not resolve
the issue that there is no indication, other than the statement by
her Conservator, that Fairbanks did so. Second, Fairbanks was under
an LPS conservatorship, which was initiated because of her lack of
capacity. She had a medical diagnosis of substantial mental illness.
To state that a person who has been deemed incompetent has capacity
to make a decision of this magnitude is a contradiction in terms. As
Welch waltzed into a veritable legal briarpatch he only revealed his
own intent — to exonerate Melodie Scott, no matter how absurd his own
Welch then quickly moved on. In a manner reminiscent of former
President Bill "I feel your pain" Clinton, Welch wrote, "The last few
days and, later, the last few hours before (Fairbanks') death were
very painful for her children. I could not help but note their grief
and sorrow at the news of her passing."
actions by the Conservator, Melodie Scott, and closed the case.
TAB has retrieved the DNR order, signed by Melodie Z. Scott and
dated at the inception of the conservatorship. This is echoed by the
DNR order issued and signed by Victoria Rains, M.D., on July 13, 2005,
and featured here. In tandem, these orders amount to Fairbanks' death
Dr. Rains is one of the doctors generally used by Melodie Scott, to
care for her elderly clients. A review of death certificates reveals
that Dr. Rains has listed "pneumonia" as cause of death for a number
of C.A.R.E. conservatees. Calls to Dr. Rains requesting input as to
whether she regularly withholds life-saving antibiotics from her
elderly patients went unreturned.
individual, Scott, as a matter of course, applies to the court for
a "Power of Health Care." Armed with this legal sanction to
make life and death decisions, Scott usually signs a DNR order,
thus cementing her power to withhold medical care at the point when
her client is no longer of financial use to her.
both to limit medical care and to issue directives for medical
procedures which proved unnecessary and life-threatening for her
room foul-up, which left him with a permanent brain injury. His
parents, Steve and Fae, sued Loma Linda Hospital and won.
was during a custody hearing in 1997, in San Bernardino, when the
elder Steve Price noticed an attorney sitting in the back of the
courtroom, taking notes. The attorney, he later discovered, was one
Walter Moore (now a partner in Hartnell, Lister and Moore), one of
the attorneys who regularly appears as counsel for Melodie Scott.
Before they knew it, the court had determined that an 'impartial'
third party was needed to represent Stevie. Judge Kathleen Bryant
appointed Walter Moore as Stevie's attorney, who immediately
nominated Melodie Z. Scott as guardian of Stevie's person.
appointed temporary guardian, Ms. Scott used $300,000 of Stevie's
trust, in attorney's fees, expert witness fees, etc., to achieve the
status of permanent guardian in a trial inexplicably held in a
different city, before a traffic court judge, Judge Frank Heene of
Chino Municipal court.
counts of misconduct, and retired from the bench.
order to gain control of the Trust, promising her standing in the
case, which never materialized. Steve Price ended up in a
protracted legal battle with Scott, in an attempt to protect his
son's life and the funds so necessary to care for the child.
On the very same day that Melodie Scott was finally removed from the
case, Stevie Price died. The elder Price was then to discover, to his
further horror, that Scott had run through the entire multi-million trust.
"The Trust should have been banking, not losing money," states Steve
Price. Prior to Melodie Scott's appointment, Price had carefully
researched his son's options, and had made decisions which would
guarantee excellent medical care, while protecting the Trust, which
was anticipated to last Stevie's lifetime. Price saw no reason that
his son should not live to a ripe old age, if given appropriate care.
by state tobacco taxes -- MR/MIP (Major Risk Medical Insurance
Program) with Medi-Cal as a secondary insurance.
A chunk of Stevie's malpractice settlement had gone to settle his
Medi-Cal bill, and to enable his enrollment with MR/MIP as his
primary. With less than $100 as a monthly premium and no pay-back
requirement on death, MR/MIP also provided a far higher standard of
care than the bare bones, minimal coverage provided by Medi-Cal.
Upon achieving guardianship, Melodie Scott voluntarily removed Stevie
from this program, thus severely restricting his medical care to what
the limited Medi-Cal program would cover. This also unnecessarily
incurred a Medi-Cal claim of $532,607.39 at Stevie's death.
What remained in Stevie's trust at that point in time was inadequate
to cover this claim.
Steve Price claims that this action by Melodie Scott "seem(s) to
have intentionally defrauded Medi-Cal into paying Stevie's medical
expenses and exposed both him and his estate to harm." In a report to
the California Attorney General's office, Price also states that "we
believe that this was a major factor in his death."
In another aggressive move, which Price believes was an effort to
remove Stevie from his father's watchful eye and to place him further
under Scott's control, she ordered that Stevie undergo a tracheotomy
in 2000. Most institutional facilities which would be appropriate for
someone with Stevie's injuries generally only accept patients with
tracheotomies. Scott failed to provide any diagnostic proof of the
necessity of this procedure, and in defiance of the opinion of
Stevie's long term pulmonary specialist and home-health nurses,
applied for and received court permission to have the tracheotomy
sprawling, ranch-style home is a virtual shrine to personal tragedy.
The walls are bedecked with photographs of his young son, surrounded
by family and friends. A framed poem, by Stevie's former nurse and
now Price's fiancée, Tammy Hull, urges those on this side of the
grave to remain strong and loving, even in the face of such wrenching
loss. But for Steve Price, justice has become elusive. The
California Attorney General's office expressed disinterest in his
meticulously documented complaint, which included evidence of Scott's
attempt to further pad her pocket by taking out TWO burial plots on
young Stevie, one of which went unreported to the court, and was to
be cashed in by Scott on the death of her client.
"EQUAL PROTECTION UNDER THE LAW?"
The California AG's office received another bundle of complaints
this past March. The carefully documented complaints alleged
embezzlement, property theft, perjury, denial of due process by
judges in C.A.R.E. cases, attempted murder and continued suppression
of reports received by lower level justice agencies, including the
Redlands and Temecula Police Departments and a local District
Attorney's offices. These reports powerfully buttress the perception
that the "C.A.R.E. Group" is wielding undue influence all the way up
the California justice system.
These reports were received by Senior Assistant Attorney General
Mark Geiger on March 6, 2007 and put back into the mail to the
senders the same day. Casting around for a plausible explanation to
explain his failure to act, Geiger lamely states, "... these are
matters beyond my area of developed criminal expertise." In a
shocking effort to continue to cover-up C.A.R.E. criminal activity,
he also falsely states that "... the statute of limitations has run
on many of the alleged offenses," in direct contradiction to the
evidence supplied in the March reports that the alleged crimes were
reported well within the proscribed statutory time limits to local
law enforcement agencies, which dutifully and consistently dropped
the ball. Most tellingly, Geiger also neglected to assign a complaint
number to the March reports.
complaint to the Department of Justice is always assigned a complaint
number. By first omitting then stubbornly refusing to assign a
number, Geiger tacitly revealed that he buried the reports. Legally,
he put himself at risk for prosecution as an accessory after the fact.
Scott's influence appears to go all the way up to federal. The head
of the Civil Rights Division for the Riverside F.B.I. told one
complainant that there were "massive civil rights violations"
substantiated by the complainant, but that agency took no action." An
agent in the Los Angeles office of the F.B.I. stated, with brazen
inaccuracy, that conservatorships were a "civil" matter and that the
F.B.I did not investigate civil matters. When that complainant
provided evidence that crimes were being committed under the mantle
of "civil" court procedures, she was funneled into a telephonic "black hole,"
and was refused any more access to a duty agent.
of her family. Her mother, Jo Williams, aka Anna Williams, works out
of the 25 E. State Street offices as a "Client Care" specialist.
Williams' name also appeared on the property at 26735 Redlands Blvd,
which was formerly the site of Orange Blossom, an unlicensed Assisted
Living center, previously owned by Melodie Scott. The property,
which burned to the ground recently, was subsequently sold to Loma
Linda Hospital for a cool seven figures. Scott's sister, Dona Zinck,
has appeared on accountings as being reimbursed for grocery go-fer
services. Another family member, Alvin Zinck, has been the recipient
of at least one property transfer, which he apparently received free
of charge. In 1994, Alvin and Lois Zinck were the recipients of a
1958 Terry Trailer, which had previously belonged to one Lois B.
Nightingale, who was under conservatorship with Melodie Scott. The
Bill of Sale, signed by Melodie Scott as Conservator for Lois Nightingale,
notes that "This trailer traded for yard clean-up services and labor."
"THE FAMILY HOME"
Under the laws governing conservatorships of estate, Scott has
total access to all the conservatee's bank accounts and may, with the
court's approval, sell the conservatee's property, in order to
further pay for her services. An unusual pattern has emerged
concerning the sale of real property, which is always approved by
Scott's judges. Probate property, as it is called, be it under a
conservatorship case or under the estate administration of
the "C.A.R.E. Group," is generally substantially under-appraised and
sold at a still deeper discount from the initially low appraisal.
Here is a short list of such transactions, garnered from the
Redlands Probate files and matched up with the San Bernardino's tax
Elmer Archie Heath 23538 Court St, San Bernardino
Appraised at $60,000
Sold at $28,600
Heath's vacant lot on Joshua Road, Palm Desert
Appraised at $8,000
Sold at $1,000
Mary Titus 49888 Senilis Ave, Morongo Valley
Appraised at $35,000
1/2interest sold at $3000
Evelyn Townsend 1244 Ramona Drive, Redlands
Appraised at $140,000
Sold at $110,000
Mattie Kirby 1028 W. 9th, San Bernardino
Appraised at $65,000
Sold at $43,000
these properties suddenly and without explanation dramatically
increase in assessed value. For example, the "C.A.R.E. Group" handled
the estate administration for Rachel Norris, whose single family
home in Victorville, California, was appraised at $2,788. No ,
that's not a misprint. The home was sold to a Gary Salonsin, in
November of 2004.
Incomprehensibly, the assessed value then jumped to $76,000, and
Salonsin quickly sold it in a "flip" to Ilona Winegarden, where it
was re-assessed at $96,900. Conservatee Arthur Gurley's vacant
Victorville lot jumped in assessed value from $7,273 to $44,880 when
it passed into the hands of Eagle Assets & Management LLC in 2005,
and his Victorville cabin also skyrocketed in value from $8,312 to
over $57,000 when Eagle acquired this property, also in 2005.
The list goes on and on. Lena Peden's retail business, appraised at
$15,392, jumped in appraisal to over $81,000 as soon as it was
acquired in 2006. The jumps and flips are too numerous to list here;
however, it should be noted that the San Bernardino Tax Assessor,
Bill Postmus, is currently under Grand Jury investigation.
Morgan received absolutely nothing. Morgan, who was Haley's
granddaughter, had applied to be her conservator, only to have this
strong-armed away from her by the "C.A.R.E. Group." Morgan has
stated that this group outright stole the proceeds from the sale of
Haley's home. The court file reveals that conservator Lawrence Dean
and his attorney Craig Parker (of Hartnell, Horspool and Fox) did an
even divvy of the remains of Haley's estate. In the final
distribution, Dean and Parker declared to the court on August 26,
2003 that they each received $4,775.15. This poses some alarming
questions. Parker's fees as an attorney are roughly in the $200-$250
range, while Dean's services are generally in the neighborhood of
$40.00 an hour. There is simply no probable mathematical equation
which could have resulted in the even divide of the remaining money.
TAB has uncovered another source of potential fraud. This reporter
has unearthed partial General Ledger reports on two C.A.R.E.
conservatorships -- Dora Pakuts, in San Bernardino and one from a
Riverside case. In both ledgers, there are numerous skipped check
numbers, with no explanation provided, such as a "Void" notation,
should a check be cancelled out. TAB has been able to obtain a copy
of one of these checks, written by Melodie Scott on a conservatee's
account for over $4,000 and never reported to the court or noted in
the General Ledger.
TAB subsequently contacted Melodie Scott, with questions about
skipped check numbers, but she did not respond to these calls.
indeed returned. After poring over the conservatorship file of
William F. Burke, now deceased, I had some concerns about what
appeared to be a substantial amount of unaccounted for money. Burke
had gone under conservatorship with C.A.R.E. conservator Larry Dean
in late 2000, and had died in January of 2003. There was some
ambiguity in the court file on a number of issues. Kastilahn and Dean
reported to the court the sale of Burke's residence in September of
2001, but were still listing the house as an asset in March of 2002.
The house had sold for $130,000, but Kastilahn and Dean reported only
$45,000 left in the estate in February of 2003. To further confuse
matters, Judge Pro-Tem E. Joan Nelms documented as estate assets over
$87,000 — nearly twice what Dean and Kastilahn had just reported -- two
months later, in April of 2003.
Two months after Burke passed away, Kastilahn requested the court
approve her placing $30,000 of the decedant's estate into her own
State Bar attorney-client account, for "further conservator
compensation, costs and attorney fees to be incurred in the
administration of the conservatorship proceeding." (direct quote from
court file) I wanted to ask Ms. Kastilahn what possible conservatorship
services could be offered a dead man.
I was also intensely curious as to the distribution given the sole
heir, one Lester Leroy Lorge. Kastilahn and Dean had declared to the
court that it took them two years to locate Lorge. In an unusual
departure from the typical receipt, Lorge only signed for his "full
distributive share." I could find no notation in the court file as to
what that might be, and had never before seen a receipt for
distibution in these files which failed to note how much was received.
It only took me one call to a Private Investigator and forty-eight
hours to locate Lester Lorge. He expressed surprise that Dean and
Kastilahn seemed to have such trouble locating him. He stated that he
had been close to conservatee William F. Burke for about fifty years,
and was called by the hospital the day he died.
Lorge revealed to me that his "full distributive share" was, in fact, $25,940
— a mere fraction of what Kastilahn and Dean had declared
as the remainder of the estate.
voicemail. She threatened me with a lawsuit, a Restraining Order and
told me, in no uncertain terms, that I was not a reporter, and had no
standing to ask questions about this case. It should be noted that
none of the above questions were ever tendered to Ms. Kastilahn.
When I spoke with her secretary I merely imparted that I had questions
about "financial irregularities" in the Burke file.
So much for the First Amendment. And how about that "life, liberty
and pursuit of happiness" stuff?
Or, as an alternate explanation, maybe our country is in battle mode.
With the U.S. government waging wars in Iraq, Afghanistan and wars
now spreading like forest fires across the globe, maybe what we are
seeing is another war, against those least able to protect themselves,
right under our very noses.
I am requesting that those reading this article take action, and
contact the California Attorney General's office and demand that this
office step up to the plate and DO THEIR JOB. The number for
Dane Gillette, Chief Assistant Attorney General (and Mark Geiger's boss)
is (916) 445-2030. Attorney General Jerry Brown's number is (510) 622-
4180. Judge Larry Allen, Presiding Judge for San Bernardino County
Court, may be reached at (909) 457-5680. The Fifth Commandment
reads "Honor thy mother and father," not "Honor thy mother and