Elder Abuse: Trial Sparks Proposal for New Law

Trial sparks proposal
Local officials suggested toughening up elder-abuse laws.
By RICK LEE
Daily Record/Sunday News

08/24/2008

Prosecutor Tim Barker's wheels started turning after a York County jury's acquittal Friday of William and Frances Donohue in the murder by neglect of William Donohue's elderly mother.

Barker conceded Friday evening the jury's decision to convict Frances Donohue of misdemeanor involuntary manslaughter rather than murder in the the death of 87-year-old Bernadette Leiben caused him some distress.

But after discussing the result with District Attorney Stan Rebert and others, by Saturday Barker had new focus.

Barker said he applauded the jury for its decision because the "jury came back with a conviction. They acknowledged something was wrong here."

Now Rebert and Barker intend to make a proposal to the state Legislature to ensure the commonwealth's elders have the same protections as its children.

"There's a gap in the law there that Tim picked up on," Rebert said Saturday. "That's a major problem."

Rebert said enacting similar laws already in place for child abuse crimes and applying them to elder abuse crimes "would lessen the chances as to these compromise verdicts." He said it would be up to the Legislature to determine if sentences for those crimes would be mandatory.
More than 10 years ago, the legislature enacted laws making the neglect of a child that results in death a second-degree felony punishable by a maximum of 10 years in state prison. That charge is in addition to the murder or manslaughter charges that likely would also be filed in such a case.

"Unlike child abuse cases, we don't have the array of felonies that can be filed in elder neglect cases," Barker said Saturday. "There needs to be a mechanism in place to increase the penalties."

"The facts in this case were legally sufficient to support a murder charge and to go ahead and charge manslaughter or reckless endangerment would have been inappropriate," he said.

The state's existing negligence statute as it pertains to elders focuses on caretakers who are financially compensated for providing care.

"When you have other duties to care, we have a big hole when it comes to neglect of an elderly person," Barker said.

"And our office believes this case is a prime example of why we need felony manslaughter and felony neglect statutes to cover these situations," he said.

EXCERPTS FROM THE DONOHUE TRIAL (please go to source)

Abridged
SOURCE: York Daily Record
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