Tuesday, January 27, 2009

The scoop on my latest poop

Jan or Feb 2007, I was speaking with my Sons County Worker at an IEP meeting, I disclosed that I was in the market for new medical insurance coverage in the near future, the CMH worker was aware of my business closing and knew that I was struggling to find work. She suggested that I apply for one of the state health care programs, she stated, “That’s one good thing about MN, we have a great medical program”

In March 2007 I looked online to see what was available – I was unable to print the PDF online so I picked up a copy from the county – a General application for medical assistance. When I applied I was under the impression the application would be used to determine what if anything we qualified for. i.e., -MinnesotaCare, TEFRA, General Assistance Medical Care.

My circumstances were unique and did not accurately fit into the application mold. I opted to bring my partially completed application into the county office to have an intake interview. I “verbally” reported to this intake person that I had closed my business as of December 2006 and expected no further income/revenue, and that the company group health insurance account had a credit balance so my children would not require coverage until May 2007. I disclosed my assets biz and personal financial information.

The intake person stopped me from pulling out more papers and informed me immediately that after reviewing my asset titles, bank statements .. that I personally did not qualify because I was over the asset limit, but my dependant children do. I informed him that one of my sons was Special Needs and had an existing county case worker. The intake person stated he would talk to the case worker to see if we qualified under any of the special needs programs. (my son is EBD / ADHD, ODD, and at the time we were looking into possibly BiPolar.. ) I continued to update, via fax, the information as requested by the intake person through April 16, 2007, including a lump sum payment of $2,690.00 I’d received March 28, 2007 from the ex catching up past due child support.

My two Sons were placed on MA immediately starting April 1 2007. (Although the paperwork I received reads as of May 2007)

Immediately in April my sons CMH Case worker began billing MA TCM fees for attending IEP and face to face meetings - Prior to my son receiving MA, the county services were not billable, the county was unable to bill private insurance, there were no parental fees, therefore, the county was forced to absorb the expense. I’ve since learned that MA is the only entity a county can bill CMH/TCM services.

In August of 2007, I was sent a renewal form. I did not complete the form and mail it in.
Late in August 2007 I was in the county office talking with my sons CMH worker when a financial worker informed me she had taken over our MA case and that I was due for renewal. I started to complete the form in the office, I informed the worker that I would have to go home to get the balance of the information, I also disclosed my assets again. The financial case worker seemed surprised that I owned land and a utility truck. I explained to her that the land and the truck were both for sale and had been for some time. I returned home to gather the balance of my financial information and called in and verbally reported my June July and August ‘earned’ income. I asked the financial case worker if I should include myself on the renewal, the worker said “sure, it can’t hurt, the worst they could do is deny you” I received a notice stating that my children’s coverage was renewed and that I personally was ineligible do to being over the asset limit.

On February 21, 2008, I received a notice stating I had missed an appointment with a County worker on February 12, 2008 and that the children’s coverage was suspended. I called immediately and made a same day appointment to meet with the MA auditor. I brought my financial information directly to her to go over, she made a list of other information she would like to see, YE 1040 2006 & 2007.. I complied. I was told that the children’s insurance was going to be suspended pending her audit.

Over the following 5 months I called the county on a regular basis inquiring about the status of the audit. I was repeatedly told that they were working on it. July 22, 2008 I learn the “Audit” was actually a full blown criminal investigation. The only reason I knew this was because I made my regular monthly call to check on the status of the audit.

I was told by the MA Auditor that my file had been turned over to the County Attorneys office and that they think I was hiding income (because they saw deposits). I was told to call the County Attorneys office for further information. I told the investigator, “I’m getting an attorney, I’m scared of these folks” She said, “No, don’t get an attorney” I hung up and called the County Attorneys office. I was told I was being charged with felony welfare fraud as of July 16, 2008 and was scheduled to appear in court in September 2008. I informed the County Attorney that I had not received the document and she told me to call the Administration office to get a copy. I called the Administrators office and not knowing a case # I just give her my name. I learn that there is a warrant for my arrest and that it looks like an accident. “A Typo”. I inform the Administration worker that I will be in to pick up a copy of the summons and ask for a letter to carry with me stating the warrant was a mistake and has been quashed. I also requested the certified copy of the summons. When I arrived, the certified copy of the summons was not available to me because it was at the Sheriffs, ready to be served as a warrant. I asked the county worker if that meant that the Sheriff was scheduled to come and arrest me by accident? She said, yes, it’s possible.

Now, keep in mind this is July 22, 2008, one day after I faxed the court ordered letter of apology for the Connolly case. I faxed the letter to 3 different departments on July 21, 2008 exactly the 14th day, as ordered.

I return home with my Quashed Warrant document and my Summons to Appear and start surfing the net looking an attorney. I run across this -
http://www.millelacscountytimes.com/2008/january/16assault.html
http://insidethemessenger.blogspot.com/2008/03/dan-mike-betty-and-me.html
http:///isanticountynews.com/index.php?option=com_content&task=view&id=2953&Itemid=35

I see Connolly’s name, I’m thinking holy cow… I’m not the only one. I call DeCoursey at home. He’s a bit skeptical and asks me to tell him about my run in with Connolly, I did. He says holy cow, that’s exactly like what happened to he and his wife.
See: http://agalsgottavent.blogspot.com/2008/08/details.html

I ask him how much it cost him to fight his case, he stated about $30,000.00. I know there’s no way I can afford that. A ask if he knows an attorney that works well with Isanti County. He informs me there was an attorney working on taking Isanti to court for other cases like mine, he confirmed that Connolly and a few other officers have been overstepping their authority and that cases like mine are not so unusual. I call the attorney office he refers me to. I get grilled a bit, and learn that because my case was older, 2006, and that I chose to plead out, that I could not help him with his case. I asked him what it would take “UnPlead” and he informed me that it would cost at least $5,000.00 and it was not likely I would win. Also, to go on to trial would cost as well and if he lost the case they would likely enforce the strongest sentence possible for me.

Ugh! I’m pissed as hell, mixed with scared to death, for my own safety, the safety of my children, I start working on getting my youngest son out of here to keep him from messing up and digging us deeper into the county system, My oldest son is leaving for college in a month .. I’m scheduled to meet my PO officer for the first time since my plea in 6 days.

- July 29, 2008, Before I meet with my PO I talk with my sons juvenile PO about how well he’s doing and I request that we release my son from probation because we plan to move to a new state and it would be good for him to have a fresh start. The PO agrees that my son has been doing well and says if the school says ok, he’s ok with it.

I go onto to meet my PO, I’m informed of my rights, or lack there of, as well as
informed “THAT letter was not good enough.” I was handed an outline / format from my PO officer, listing the subjects I was to address. I was told that it should be hand written and more than 1 page long with no spelling errors and turned into her within 14 days.

So, as I’m being told I’ll need to write another letter, I’m absolutely biting my tongue because I know Isanti County has some scary issues in their police department, abuses of power, sexual harassment … I’m pretty sure they know this officer has a history. Why are they insisting I declare this officer my victim and apologize to him in writing, making certain I admit I’ve done something wrong and that I deserve to be punished? Surely it’s not going to make the officer feel better … He knows he was way out of line, and making me feel worse, well there’s no benefit to the county there. I’m assuming they need it on record because they know they have an up coming issue. And already know I’m not gonna help ‘em. So, I used the writing opportunity as therapy, which is what probation is about, rehabilitation.. I felt much better after writing it. No Blood, no foul I figured.

I jump through all the hoops, drop of the letter, I’m thinking.. Done. I should be out of MN in no time. See: http://agalsgottavent.blogspot.com/2008/08/violation-my-ass.html

I learn from my attorney on the Felony charge that the County Attorney told him, off the record, that they would not usually prosecute a case like this but because they don’t like me they are going forward, (of course he won’t put that in writing) later as my trail date grew closer, my attorney tells me the county is not calling him back, he’s having a hard time getting my records, documents, and that they are seemingly not willing to communicate. They insist on me pleading to a criminal charge, no matter how much documentation we have to prove otherwise. I refuse to EVER plead out again. I also know it will cost $10,000.00 min to go to trial. I have a probation violation hearing coming up, I’m still trying to go after the former consultant who ripped me off blind, hence the closed business, I’m in the process of filing bankruptcy, looking for f/t work, my son having a cow because I’ve sent him to live with his uncle to keep him out of trouble. It was a freaking nightmare.

I tell the Attorney there’s no way I can pay him $10,000.00 right then and ask him to please stop working on the case. I decided to file a continuance so I could search for a cheaper attorney, or hold off until I qualified for a PD, either way, I couldn’t go further.

My requests for continuance were denied. I was forced to represent myself Pro Se and in the middle of a complete nervous breakdown. I have ADHD, it’s usually not a big deal but, the more stressed I am the harder it is for me to focus and think clearly. I start taking the ADD meds I hate, and when that prescription ran out I decided to try a new med on the market, Vyvanse … at first it seemed to help … but after a while if your not sleeping, not eating and melting down, that stuff does more harm than good. I was a babbling idiot representing myself in a 12 person jury trial .. needless to say that didn’t go well.

Its 2.5 months later .. I’m off the meds… still stressed as hell, but I’ve reconciled that I may just have to be a Felon and get on with it until I can afford to fight this properly.

I’m scheduled to be sentenced February 4th, 2008 on the MA Fraud charge, still Pro Se. I lost my probation violation hearing and that sentencing is scheduled for February 26, 2008, which means they will likely lift the stay of adjudication and I’ll have a criminal gross misdemeanor “obstruction of justice” on my record. I may have to spend time in jail, which is no big deal, beats writing a letter of apology. The sad part is that my neighbors here in the county are footing the bill to house and feed me for 10 days. It makes no sense to me at all and if it ever does … shoot me please.

Monday, January 26, 2009

The Sloan Zone

Talking Smack trying to figure Ustream out