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

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

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Page 1: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

A Comprehensive A Comprehensive Investigative Protocol for Investigative Protocol for

Police Investigators When an Police Investigators When an Elder Abuse Victim with Elder Abuse Victim with Dementia is Financially Dementia is Financially

Exploited Exploited Detective Matt SmithDetective Matt Smith

Forest Grove Police DepartmentForest Grove Police Department

Page 2: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Background of ProjectBackground of Project

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

Page 3: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Background of ProjectBackground of Project

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

Page 4: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Significance of the ProjectSignificance of the Project

This Projected developed a This Projected developed a comprehensive investigative protocolcomprehensive investigative protocol

This protocol addresses the investigative This protocol addresses the investigative hurdles identified in the researchhurdles identified in the research

Has been successfully tested in the Has been successfully tested in the criminal justice systemcriminal justice system

This project provides a framework for This project provides a framework for Elder Abuse investigationsElder Abuse investigations

Page 5: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Background of ProjectBackground of Project

Child Abuse Investigations in Oregon are Child Abuse Investigations in Oregon are governed by the following state laws:governed by the following state laws:

Karly’s LawKarly’s LawJessica’s LawJessica’s LawElder Abuse Investigations are governed Elder Abuse Investigations are governed

by the following state laws:by the following state laws:NoneNone

Page 6: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Literature ReviewLiterature Review

Officer Dan Nagle’s Neighborhood Officer Dan Nagle’s Neighborhood Improvement ProjectImprovement Project

Physicians, Dr. Jeffrey Levine (Cabrini Physicians, Dr. Jeffrey Levine (Cabrini Hospital, New York) Dementia is a risk Hospital, New York) Dementia is a risk factor for Elder Abusefactor for Elder Abuse

Dr. Richard Kennedy (Mount Carmel Dr. Richard Kennedy (Mount Carmel Family Practice) predicted an increase in Family Practice) predicted an increase in Elder Abuse related investigationsElder Abuse related investigations

Page 7: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Literature ReviewLiterature Review

Literature focused on mandatory reporting Literature focused on mandatory reporting lawslaws

Dementia was not even mentioned in Dementia was not even mentioned in medical literature that discussed cognitive medical literature that discussed cognitive impairments and mental illnessimpairments and mental illness

There was not a single piece of research There was not a single piece of research located discussing investigative located discussing investigative techniques on Elder Abuse casestechniques on Elder Abuse cases

Page 8: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Description of the Project Process Description of the Project Process

The research consisted of data gathered The research consisted of data gathered from the following professionals:from the following professionals:

Adult Protection Service InvestigatorsAdult Protection Service InvestigatorsPolice OfficersPolice OfficersDeputy District AttorneysDeputy District Attorneys

Page 9: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Research MethodsResearch Methods

Data SetData SetData was collected in a Suburban County Data was collected in a Suburban County

in Oregonin OregonSurveys were sent to individuals with Surveys were sent to individuals with

expertise in Elder Abuse Investigations expertise in Elder Abuse Investigations

Page 10: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Research FindingsResearch Findings

0

1

2

3

4

5

6

7

8

9

APS Police DA's Office

Dementia

Evidence

POA

Laws

Page 11: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Research Findings: Investigative Research Findings: Investigative Protocol Protocol

Step I-CollaborationStep I-Collaboration

Page 12: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Research Findings: Investigative Research Findings: Investigative ProtocolProtocol

Step II-Medical RecordsStep II-Medical Records

Page 13: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Research Findings: Investigative Research Findings: Investigative ProtocolProtocol

Step III-Financial RecordsStep III-Financial Records

Page 14: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Research Findings: Investigative Research Findings: Investigative ProtocolProtocol

Step IV-Methodology of InvestigationStep IV-Methodology of InvestigationEvidence of Lack of CapacityEvidence of Lack of CapacitySuspect’s ActionsSuspect’s ActionsWhere is the Money?Where is the Money?

Page 15: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Protocol in ActionProtocol in Action

Investigative Protocol has been used in Investigative Protocol has been used in the Criminal Justice Systemthe Criminal Justice System

Investigated by the “Green Valley” Police Investigated by the “Green Valley” Police DepartmentDepartment

Victim suffered from dementiaVictim suffered from dementiaSuspect, “Mr. Robert Davis,” was Power of Suspect, “Mr. Robert Davis,” was Power of

Attorney over the victim, was her Son-In-Attorney over the victim, was her Son-In-Law, and was also a well respected Law, and was also a well respected attorney attorney

Page 16: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Protocol in ActionProtocol in Action

Suspect also served as a Municipal Court Suspect also served as a Municipal Court Judge in two different municipalities Judge in two different municipalities

Mr. Davis, over the course of three years, Mr. Davis, over the course of three years, transferred over $20,000 from Betty transferred over $20,000 from Betty Sullivan’s account to either Davis’ Sullivan’s account to either Davis’ personal account, or his law firm’s accountpersonal account, or his law firm’s account

Page 17: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Protocol in ActionProtocol in Action

This Protocol was used during the This Protocol was used during the investigation and Mr. Davis was indicted in investigation and Mr. Davis was indicted in September of 2011 on fourteen counts of September of 2011 on fourteen counts of Criminal Mistreatment ICriminal Mistreatment I

Mr. Davis was sentenced to 40 months in Mr. Davis was sentenced to 40 months in prison on June 3prison on June 3RDRD, 2013, 2013

Page 18: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Implications of the ProjectImplications of the Project

The EMPA program has solidified my The EMPA program has solidified my commitment to advocacy work for senior commitment to advocacy work for senior citizens and citizens with disabilitiescitizens and citizens with disabilities

I had developed an interest in public policy I had developed an interest in public policy development during the EMPA programdevelopment during the EMPA program

I have infused this interest into my service I have infused this interest into my service on Governor Kitzhaber’s Elder Abuse on Governor Kitzhaber’s Elder Abuse Work GroupWork Group

Page 19: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

A Crime Victim With Dementia A Crime Victim With Dementia Often Suffers In SilenceOften Suffers In Silence

““Injustice anywhere is a threat to justice Injustice anywhere is a threat to justice everywhere”everywhere”

Dr. Martin Luther King Jr. Dr. Martin Luther King Jr.

Page 20: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

AcknowledgmentsAcknowledgments

With much love to my two families

Page 21: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

AcknowledgmentsAcknowledgments

Fred and Christine SmithFred and Christine Smith Irene GabelIrene GabelChief Janie SchutzChief Janie SchutzCaptain Mike HerbCaptain Mike HerbCaptain Kevin EllingsburgCaptain Kevin EllingsburgSergeant Michael HallSergeant Michael HallDr. Matt JonesDr. Matt Jones

Page 22: A Comprehensive Investigative Protocol for Police Investigators When an Elder Abuse Victim with Dementia is Financially Exploited Detective Matt Smith

Questions?Questions?