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July 8, 2008

Elder Abuse Cases Difficult to Prosecute (Ky. USA)

Prosecutors: Elder Abuse Cases Difficult

Web produced by: Jessica Noll

PADUCAH, Ky. (AP) – Police and prosecutors say elder abuse cases are among the most difficult they handle.

"When you talk about elder abuse, people say, This is terrible. We need to protect the elderly," said Tim Kaltenbach, McCracken County commonwealth's attorney. "When you get into the cases, you see why things happen the way they do. Even though they're horrible, it's not quite as simple as the term implies."

Perhaps the biggest problem handling these cases is that most of them involve family members. Kaltenbach said the cases resemble domestic abuse, in that victims often refuse to testify against a loved one, or do so only to later recant their testimony. The victims often cannot communicate, have diminished mental capacity or die.

The problem is growing.

Allison Martin, spokeswoman for the Kentucky Attorney General's office, said the state prosecuted about 10 cases last year. So far this year, more than 30 have been tried.

Financial exploitation is much more common, investigators say, but often more difficult to prosecute.

"It's complicated because when you have someone in a caretaker role and there's a guardianship, they're the one spending the money," said George Johnson, a Paducah police detective sergeant. He said bank records can show patterns of behavior, but it's difficult to prove any wrongdoing. "Maybe they need cash every day, but where does it go?
Kaltenbach said those familial bonds can dismantle a case.

"An elderly person enthusiastic about prosecuting a stranger is reluctant and oftentimes unwilling to prosecute a family member," he said. "They'll say, He's my grandson, I love him,' when it all comes down to going to court."

Abridged
SOURCE: Kentucky Post
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Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty.

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