Perjury
in a Josephine County Courtroom
By US~Observer
Staff
Grants
Pass, Oregon –
On January 31, 2006 a hearing was held in front of Josephine County
Presiding Circuit Court Judge Lindi Baker to determine whether or not
Paul Magee needed a conservator.
Paul
Magee’s daughter Susan Magee Sherwin of Encinitas, California
filed a “Notice of Petition To Appoint Guardian And Conservator”
on December 2, 2006 through Grants Pass Attorney Rebecca Peterson.
Peterson
called a court visitor to the stand who had spent approximately 1 hour
with Paul Magee and Phil Newton with Adult Services to testify about
Magee’s short term memory problems. Newton who is not an authority
on anything, much less mental conditions did his best to bolster Sherwin’s
claims after spending only 45 minutes with Magee.
Sherwin
and her attorney did their level best to deceive the court into believing
that Paul Magee’s money was nearly depleted, that he was on his
last leg and that he only had a couple months left before he would be
under a bridge. Nothing could be further from the truth. Nothing was
said by the duo about Magee’s $1000.00 monthly SS income or that
he is soon to receive veteran’s benefits that could possible increase
his monthly income to over $2,000.00. The fact that Magee is currently
going through a divorce which could net him a substantial amount of
money was professionally side-stepped by Sherwin and her attorney.
Sherwin,
who is a very cunning and persuasive woman almost tearfully, told Judge
Baker how she wanted to move her father to California where he could
be around his loving family and even told the court of both her qualifications
and wishes to take care of her father. Fortunately, Sherwin has already
disclosed the fact that she intends to place her father in a vet’s
home…somewhere the elderly Magee adamantly opposes to being. The
fact is that Sherwin won’t be caring for her father at all; she
will simply be caring for his assets.
Sherwin
committed perjury as she told the court how upset Edward Snook was when
she told him she was going to involve the State of Oregon due to the
fact that she knew that Paul’s care giver had been stealing from
him. The fact is Mr. Snook had to work hard at convincing Magee to sign
a power of attorney over to the state so they could have an expert go
over all his financial records. The only time that Mr. Snook got upset
with Sherwin was when she announced she was going to seek a conservatorship
over her father.
The
two attempted to persuade Judge Baker that Magee wasn’t competent
enough to enter into contract which he did with Snook when he hired
the Observer to investigate allegations that Magee’s soon to be
ex-wife had stolen many of his assets. They again side-stepped the fact
that Magee is currently in a contractual relationship with local attorney
Chris Cauble, that Cauble communicates in writing and verbally with
Magee, that Magee recently successfully went through a legal deposition
regarding his divorce case and that Magee has paid Cauble a significant
amount of money to represent him. Cauble, who is a highly respected
and ethical attorney, would never take advantage of an elderly person
and if there was any question about Paul Magee’s mental state
Cauble would certainly know it. If Magee is capable of having a contractual
relationship with Cauble he is certainly capable of having one with
Snook. The fact is that Paul Magee is smart, he knows what he wants
and he is more than capable of making his own decisions. The only time
in Magee’s life that he wasn’t competent was a period in
the 1990’s when he suffered from alcoholism, a condition which
was supported by his supposed friends and wife.
Back
to the State of Oregon’s involvement – Phil Newton actually
gave false testimony when he testified about Magee’s mental ability
as his only reason for speaking with Magee for 45 minutes was to get
Paul’s consent to sign a power of attorney so he could attempt
to get a care giver in trouble. Well, that didn’t pan out as the
expert who went over Magee’s finances with a magnifying glass
found nothing whatsoever wrong. This completely cleared Paul’s
caregiver of any wrongdoing just as it foiled Newton’s intentions.
We should note that while Newton testified that Magee wasn’t capable
of entering into a contract, he himself had Magee sign a power of attorney
which in all actuality is a contract itself.
Some
months ago when Snook formed the belief that Sherwin was only interested
in her Dad’s assets he had Sherwin write him a letter which was
presented in court as evidence. The letter clearly stated that her father
was competent and how capable he was of handling his affairs. Her testimony
in court was actually just the opposite.
Magee,
who is not a confrontational person clearly told Judge Baker of his
wishes to remain where he is and that he did not want his children making
any decisions for him.
Judge
Baker has taken the case under advisement and we believe that she will
see through the hypocrisy and lies that were told in her courtroom on
January 31, 2006. We also believe Judge Baker will see from the testimony
that Phil Newton’s claims that the state is there to investigate
for the elderly is nothing more than a farce as the state did no investigation
into Paul Magee’s affairs other than having a person go over his
financial records. Don’t miss our next edition where we will publish
many more facts about Magee’s assets, those who now control them
and those who want control of this man simply because of the assets.