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Homicide by Abuse
Court findings enabled Council House directors to cover up homicide by abuse. Homicide ranks as a class A felony punishable by a maximum sentence of life imprisonment in a state correctional institution or by a fine of fifty thousand dollars or both. At least two vulnerable adults have died from neglect and abuse and the directors have had four other tenants incarcerated thereby putting their lives at risk. The directors have since covered up the deaths which effectively makes them accessories after the fact. [Vulnerable Adults] In one case, the victim’s family and a Council House administrator benefitted financially by defrauding both federal and state agencies prior to her death then disposed of her assets. In another case, an attorney had a vulnerable adult dumped in an apartment after making financial arrangements with administrators. Questions remain about the disposal of assets in both cases. Both trial and appellate courts effectively thwarted investigation of two homicides by their decisions. Federal, state, and municipal agencies took advantage of court decisions to evade their responsibility to investigate. Several more tenants remain at risk and suffer daily abuse at the hands of administrators. A person commits homicide by abuse when an extreme indifference to human life causes the death of a vulnerable adult through a pattern or practice of assault or neglect. A vulnerable adult means a person who because of physical or mental disability, or extreme advanced age, depends upon another person to provide the basic necessities of life. Nations and Vilensky, both vulnerable adults and victimized by neglect, did not receive appropriate care. They experienced verbal abuse by managers and staff. That abuse denied them a healthy environment and mutual interaction which respected and promoted their right to individual thoughts, perceptions and values. In several other cases, actual physical abuse occurred. Neglect means a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health. This includes omission and disregard which constitutes a clear and present danger to the person's health, welfare, or safety. The directors try to maintain anonymity despite their state actor status and continue to allow the abuse of their tenants and misappropriation of government funds. Allowing individuals to decide what a reporter may write and what he may not write construes as prior restraint and starts a long trail of prohibitions for political or other self-serving purposes. Claims of harassment and privacy have a legal defense in the exposure of wrongdoing in the public interest. A person named in a news report has the right to refute statements but not to restrict publication. Washington Superior Court, affirmed by Court of Appeals, enabled Council House directors to cover up crimes through censorship and prior restraint. Washington Supreme Court reversed both trial and appellate decisions (30 Mar 06) which relieved restrictions that related to publishing details of homicide and other abuse. That finding allows the public to know the names of people involved in elder abuse and gives an ethical prosecutor an opportunity to consider felony charges against the perpetrators. [Supreme Court Decision #2] Cynically, the courts insisted on the use of pseudonyms and effectively granted both anonymity and impunity. Not identifying perpetrators of crimes in some rational form defeats the object of exposé. Absolute anonymity grants them complete immunity and allows them to continue their unlawful practices. In fact, anonymity granted by a court restraining order has allowed Council House directors and administrators to increase the incidence of abuse and create greater fear among tenants. In The Trial, Franz Kafka described how Joseph K. did not receive a fair trial and how his tormentors maintained their anonymity. Joseph K. ended up dead and his tormentors continued their abuse without restraint. Directors and administrators at Council House have followed a similar kafkaesque scenario with their claims to anonymity and impunity with the help of three superior court, three court of appeals judges, also City of Seattle and HUD officials.
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