A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith Forest Grove Police Department

Background of Project Background of Project Karly Sheehan. Her Murder in 2005 led to the passage of Karly’s Law in Oregon

Background of Project Mr. Gary Murray, an Eder Abuse victim in one of my Investigations.

Significance of the Project This Projected developed a comprehensive investigative protocol This Projected developed a comprehensive investigative protocol This protocol addresses the investigative hurdles identified in the research This protocol addresses the investigative hurdles identified in the research Has been successfully tested in the criminal justice system Has been successfully tested in the criminal justice system This project provides a framework for Elder Abuse investigations This project provides a framework for Elder Abuse investigations

Background of Project Child Abuse Investigations in Oregon are governed by the following state laws: Child Abuse Investigations in Oregon are governed by the following state laws: Karly’s Law Karly’s Law Jessica’s Law Jessica’s Law Elder Abuse Investigations are governed by the following state laws: Elder Abuse Investigations are governed by the following state laws: None None

Literature Review Officer Dan Nagle’s Neighborhood Improvement Project Officer Dan Nagle’s Neighborhood Improvement Project Physicians, Dr. Jeffrey Levine (Cabrini Hospital, New York) Dementia is a risk factor for Elder Abuse Physicians, Dr. Jeffrey Levine (Cabrini Hospital, New York) Dementia is a risk factor for Elder Abuse Dr. Richard Kennedy (Mount Carmel Family Practice) predicted an increase in Elder Abuse related investigations Dr. Richard Kennedy (Mount Carmel Family Practice) predicted an increase in Elder Abuse related investigations

Literature Review Literature focused on mandatory reporting laws Literature focused on mandatory reporting laws Dementia was not even mentioned in medical literature that discussed cognitive impairments and mental illness Dementia was not even mentioned in medical literature that discussed cognitive impairments and mental illness There was not a single piece of research located discussing investigative techniques on Elder Abuse cases There was not a single piece of research located discussing investigative techniques on Elder Abuse cases

Description of the Project Process The research consisted of data gathered from the following professionals: The research consisted of data gathered from the following professionals: Adult Protection Service Investigators Adult Protection Service Investigators Police Officers Police Officers Deputy District Attorneys Deputy District Attorneys

Research Methods Data Set Data Set Data was collected in a Suburban County in Oregon Data was collected in a Suburban County in Oregon Surveys were sent to individuals with expertise in Elder Abuse Investigations Surveys were sent to individuals with expertise in Elder Abuse Investigations

Research Findings

Research Findings: Investigative Protocol Step I-Collaboration Step I-Collaboration

Research Findings: Investigative Protocol Step II-Medical Records Step II-Medical Records

Research Findings: Investigative Protocol Step III-Financial Records Step III-Financial Records

Research Findings: Investigative Protocol Step IV-Methodology of Investigation Step IV-Methodology of Investigation Evidence of Lack of Capacity Evidence of Lack of Capacity Suspect’s Actions Suspect’s Actions Where is the Money? Where is the Money?

Protocol in Action Investigative Protocol has been used in the Criminal Justice System Investigative Protocol has been used in the Criminal Justice System Investigated by the “Green Valley” Police Department Investigated by the “Green Valley” Police Department Victim suffered from dementia Victim suffered from dementia Suspect, “Mr. Robert Davis,” was Power of Attorney over the victim, was her Son-In- Law, and was also a well respected attorney Suspect, “Mr. Robert Davis,” was Power of Attorney over the victim, was her Son-In- Law, and was also a well respected attorney

Protocol in Action Suspect also served as a Municipal Court Judge in two different municipalities Suspect also served as a Municipal Court Judge in two different municipalities Mr. Davis, over the course of three years, transferred over $20,000 from Betty Sullivan’s account to either Davis’ personal account, or his law firm’s account Mr. Davis, over the course of three years, transferred over $20,000 from Betty Sullivan’s account to either Davis’ personal account, or his law firm’s account

Protocol in Action This Protocol was used during the investigation and Mr. Davis was indicted in September of 2011 on fourteen counts of Criminal Mistreatment I This Protocol was used during the investigation and Mr. Davis was indicted in September of 2011 on fourteen counts of Criminal Mistreatment I Mr. Davis was sentenced to 40 months in prison on June 3 RD, 2013 Mr. Davis was sentenced to 40 months in prison on June 3 RD, 2013

Implications of the Project The EMPA program has solidified my commitment to advocacy work for senior citizens and citizens with disabilities The EMPA program has solidified my commitment to advocacy work for senior citizens and citizens with disabilities I had developed an interest in public policy development during the EMPA program I had developed an interest in public policy development during the EMPA program I have infused this interest into my service on Governor Kitzhaber’s Elder Abuse Work Group I have infused this interest into my service on Governor Kitzhaber’s Elder Abuse Work Group

A Crime Victim With Dementia Often Suffers In Silence “Injustice anywhere is a threat to justice everywhere” “Injustice anywhere is a threat to justice everywhere” Dr. Martin Luther King Jr. Dr. Martin Luther King Jr.

Acknowledgments With much love to my two families

Acknowledgments Fred and Christine Smith Fred and Christine Smith Irene Gabel Irene Gabel Chief Janie Schutz Chief Janie Schutz Captain Mike Herb Captain Mike Herb Captain Kevin Ellingsburg Captain Kevin Ellingsburg Sergeant Michael Hall Sergeant Michael Hall Dr. Matt Jones Dr. Matt Jones

Questions?