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Question for Amos Moses

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womanpower

Guest
What is the name of your state? Louisiana

Amos Moses, I see you are from the Deep South. Was reading your interesting comments on Elizabeth Smart. I totally agree. I don't know any 14 or 15 year olds that would behave in this manner. The ones I know would have screamed and ran at the first opportunity unless a weapon was being held to their head.

I am also a brunette living in the area and am deathly afraid of the serial killer here. He seems to really hate brunettes. Are any of the other women that they suspect he may have killed other than brunette? Seriously thinking of bleaching my hair until the catch this man.

My real question - in relation to my Mother's succession...I was named Executrix in Jan 2000. Dysfuctional family. Black sheep brother (currently on probation) has made it his lifes work to make me miserable and scare me. He has been doing so since about 6 months after Mother died. He has accused me of so many things through four different attorneys that it would take me a month to list them all. He calls and threatens me, he E-Mails me at work, he calls my co workers and tell them things about me, he E-Mails my CEO through our corporate website, he calls and curses my 23 yr old daughter. He has wasted the $22,000 Mother had (attorneys have gotten the majority of it). Every time he hired a new attorney and ruled me into court, I copied the proof of everything that I had done and brought it to his current attorney and the court dates were always cancelled or postponed. The succession is now closed. Proof of everthing, including copies of bills, checks front and paid, on file down at the Courthouse. Yesterday I get a call at work from a detective advising that Brother has filed a criminal complaint against me for theft of $22,000. Now I have never even had a speeding ticket and I am stressed and unhappy. I went down to meet the detective today, and he read me my rights and recorded my statement, kept copies of all the checks, etc where I had paid bills etc. The only thing the detective questioned was that I had paid some of Mother's bills out of my personal checking account, rather than the succession account. My attorney had told me at the time that this was not a good thing to do, but was not illegal. Sometimes I would be at work and want to pay a bill, and not have the Succession check book with me. One time I had run out of Succession checks and transferred funds by phone and paid them from my account. Do you think that this could be construed as criminal? Worried in Louisiana.

P.S. I did file a TRO which was dismissed when I got to court as it is not legal against siblings. I also filed with the DA, but had no proof of the phone calls, as they were local to local and he did not leave messages on the answering machine. He would only threaten me when I would answer. I also gave the DA copies of the E mails, but DA said I would be laughed out of court. He accepted the charges, but on the day of court, called and asked that I drop the charges as I had no proof and would lose.
 


AmosMoses

Member
Why don't you...

...speak with Larpenter himself and see what he says, if his men won't give you satisfaction. (About keeping your brother from "stalking" you). He is basically a decent guy from what I remember of him. Now, I would, and have, used Milton Cancienne for succession stuff, and would advise you to do likewise in the future if you need to for, say, maybe your father...he will be much less apt to let you "mess up", I would think, but you did admit that you spent the account money against your lawyer's advice anyway.


I hate to say it now, but bad mistake on talking with the detective w/o counsel present, but you can't back the clock up. DO NOT do that again. Now, I don't know how to go about talking to Jerry without the chance of him asking anything about the $22,000.00, so I guess you'll have to do it all through the lawyer. Mainly, you just need it "on record" about your concerns about your brother without making yourself sound too histrionic, but from what I read it seems that you have done that anyway. Are you worried for your safety or your "sanity" about your brother? I mean, do you think he will physically harm you or yours, or just litigate you half to death? I mean, if you aren't worried for your safety, don't even approach the S.O. about it... just go through counsel. Family problems can be deep rooted and hate filled, but mainly you would only need be concerned if you REALLY think he may harm you physically. Your main problem is the theft charge. You need to get a criminal lawyer ASAP if you don't have one. I am concerned with your voluntary statement, and you need to be represented in this matter immediately!

I am really curious as to what was on those emails, and it goes without saying that you need to keep all that. Are the emails threatening or merely annoying (to you and the CEO of your company)? All in all, my best advice is get counsel now. Try not to get into a mud-slinging contest with your brother, and keep any threatening emails, letters, etc. Louisiana is a single party consent state, so you can record phone calls as long as one party knows that it is being recorded.

Best of luck to you, and get a lawyer now!
 
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womanpower

Guest
To Amos Moses.......

I did not spend the money against the lawyers advice. I paid some of mothers debts (some were small) and then reimbursed my checking account from the succession account. They were debts of the succession and no one (including brother) has given me a hard time about the debts that I paid (just how I paid them). Sadly for me, I did not ask the lawyer before doing this (wish I had).

I am actually in Lafayette Parish. The detective said he would review my statement and proof that I had paid all debts and he would then make a recommendation to the DA about whether my acts were criminal. As the money was spent for the right purpose, I do not see how they can see it as criminal. Stupid, maybe, using my own account, but how can they say it was crimial. Why, her funeral bill was over $8,000. and that came out of the $22,000. About $7,000 went to attorneys (one in Baton Rouge where I was living when I began the succession and one in Lafayette after I moved back home). That's before I even got started paying medical debts etc. I have copies of her bills, copies of checks, front and back, paying them.

Brother is dangerous, had a drug habit. Prosecuted in past for beating his wife and putting her in the hospital. Impersonation of a police officer, sexual battery. I have no written threats from him that he will actually hurt me, just statements that I will get mine, lots of filthy profanity, he's going to make sure I get whats coming to me etc. Yes, I am scared, wouldn't you be? Can you recommend an attorney for me here in Lafayette?

Should I wait and see what the DA does before hiring a lawyer or should I go ahead and hire the lawyer now?
 

I AM ALWAYS LIABLE

Senior Member
womanpower said:



I am also a brunette living in the area and am deathly afraid of the serial killer here. He seems to really hate brunettes. Are any of the other women that they suspect he may have killed other than brunette? Seriously thinking of bleaching my hair until the catch this man.

=====================================

My response:

May I suggest Loreal hair color? Red hair is particularly near and dear to my heart. Like attention? Watch how many men flock to you!

IAAL
 
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womanpower

Guest
Well, I guess men flocking would be OK, might give it a try!
 

Son of Slam

Senior Member
I AM ALWAYS LIABLE said:
My response:

Most men that I know love to "flock" women with red hair. Be ready for bowed legs.

IAAL

This time you've went too far, IAAL. Just because you have 2200000 posts shouldn't meen you can talk nasty chit to the lady. I demand you submit yourself for review.
 
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womanpower

Guest
Aw....come on guys....

You are both cute, but flocking and bowed legs aside....would you both provide this brunette with an answer to my legal question? Thanks for the laugh, you both have a great sense of humor.
 

I AM ALWAYS LIABLE

Senior Member
Re: Aw....come on guys....

womanpower said:
You are both cute, but flocking and bowed legs aside....would you both provide this brunette with an answer to my legal question? Thanks for the laugh, you both have a great sense of humor.

My response:

I wish I could have helped you. If I could have, I would have done so earlier.

Listen, Son of Slime is not the funny one. I am.

He's just a . . . well . . . for lack of a better word . . . he's just a "dick".

IAAL
 

AmosMoses

Member
Damn!! Your brother sounds like Charles Manson!! Are you two the only kids? Who in the heck is this fellow paying off (is he the 7 DWI guy)?? I swear, I would try to get the best lawyer I could afford and put the whole thing in his care! You no more need him knocking at your door drunk and pissed off one night than you need these theft charges. Boy, that is one dysfunctional coonass from your description...he sounds a lot like that Houma cop, Chad Louviere, to me...the one that pulled over that lady for speeding and instead of ticketing her, he cuffed her, took her to a cane field and raped her, then went to the bank where his wife worked and killed a teller and held the rest hostage. THEN, they took him to Lafayette, and he took a female guard hostage and raped her I think...in fact, don't they still have him locked up in Lafayette now, anyway? I know some people get away with a LOT, but it usually isn't the ones who sexually assault and impersonate cops. You better take care around this guy, even if he is your brother.
 
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womanpower

Guest
Thanks Amos!!

I was wondering where you were. There are five kids, but he is the only one like this. He leads one of my sisters around by the nose, and the other two are finacially secure any really have not caused any problems.

My brother has been this way since he was a child. I ran his driving record the other day, and he has only one thing showing on it which is a referral to Alcoholics Anon. and a 180 day suspension.

His criminal record is on file (I have a copy of it). Why are the police and the DA allowing this? I think he is paying someone to clean up his driving record.

What can a lawyer do for me in a situation like this?
 

AmosMoses

Member
Well, first and foremost he can advise you on this theft thing. If you gave a statement to a detective, and your brother hates you enough to push this matter, who knows what may happen. It just stands to simple reason to me on the theft accustaion alone. Your brother seems to have a way for making things work out his way, HOWEVER he's doing it, so you may well wind up on the receiving end of some theft charge. That's all that would relly concern me here. If you ignore, and I mean ignore him long enough, he'll stop the cat-batting-the-rat around thing, I think. Naturally, you do whatever it takes to protect yourself, but when I say ignore, I mean don't talk about him to any sister, don't answer or reply to any letter/email/etc., immediately and without a word hang-up on him if he calls, saying some non-provocative statement like "wrong number". He will tire of it, but you CAN'T even address him at all. That's my opinion, and as such is probably more apt to be wrong than right, but that's it anyway. I do believe that if a detective is wanting to talk to you about it, there is at least some chance that it could go bad for you. And, again, DO NOT speak to any cop w/o talking with a lawyer. You can always say anything you want at a later time, but you can't suck words back after you speak 'em!
 
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womanpower

Guest
Ok.....

OK, I will start looking for a lawyer tomorrow. I have not been talking to him or responding to him for nearly a year now....moved and changed my phone number. He knows where I work, but I don't think he knows where I live. In order to keep this secret, I did not even tell my employer that I had moved (still in the same city, of course). But now the detective has my new address and phone. It frightens me that Brother will get it from them on some legal document of something....I will let you know what happens and thank you.
 

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