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Prosecutor: Case of former judge about 'isolation, manipulation and exploitation'

KATHERINE POPE

The grand larceny trial of a former Shelter Island town justice and her husband got underway in a Riverhead courtroom Tuesday with prosecutors alleging the couple stole more than $1 million over a four-year period from an elderly Water Mill woman who suffered from dementia.

Former Island attorney and justice Katherine Pope and her husband Wayne were indicted in August 2009, one month after the victim, Mary Abbott Estabrook, known to family and friends as “Abby,” died at the age of 89. Ms. Pope was no longer on the bench at the time.

Defense attorneys argued the Popes had used the money to pay for round-the-clock home medical treatment for Ms. Estabrook, who they described as feisty, proud and independent.

But prosecutor Donna Planty asked the jury to remember three words that she said would come up during the course of the trial: “isolation,” “manipulation” and “exploitation.”

“We will show that the defendants didn’t have a lot of money, except for the money coming in from Abby,” Ms. Planty said, charging that the Popes took advantage of Ms. Estabrook, whose only family included three distant relatives. One lives in the Midwest and the others live in England, she said.

Mr. Pope — a heavy set man with thick grey hair and a bushy, white mustache who walked into the courtroom with a wooden cane — worked as a handyman in Ms. Estabrook’s home and became close friends with her, according to defense attorneys.

Patchogue attorney John Halverson, who is representing Mr. Pope, said his client was given power of attorney for  Ms. Estabrook in 2004 after she had been in a car accident in order to make sure she was properly taken care of.

“At the age of 84, she was still driving,” Mr. Halverson said to the jury. “Abby wanted to stay in her home … When you don’t have family, who do you rely on? You rely on your friends.”

Ms. Planty said the defendants took advantage of Ms. Estabrook’s poor health and used the power of attorney to write checks to benefit themselves.

Ms. Pope, who served as justice here from 1998 to 2002, is charged with first-degree grand larceny and two counts of first-degree identity theft. The ID theft charges are related to telephone transactions made in 2006 when Ms. Pope allegedly identified herself as Ms. Estabrook and liquidated more than 12,000 shares of her stocks, according to the prosecution.

Ms. Planty said the couple used $750,000 of the proceeds from the stock sales to purchase a home in Vermont.

Ms. Pope’s attorney, James O’Rourke of Smithtown, described the identity theft charges as “much ado about nothing.”
“I’m sure you’ve signed your husband’s or wife’s name before,” Mr. O’Rourke said to the jury. “My point is it wasn’t done with an evil intent.”

Mr. and Ms. Pope, who home schooled their children, planned to move to Vermont because their youngest son wanted to play school sports but couldn’t because the Shelter Island School District doesn’t allow home schooled children to participate in its athletic program, Mr. O’Rourke said.

Ms. Estabrook loaned them the money when they couldn’t sell their Shelter Island home, Mr. O’Rourke told the jury, adding he intended to prove it was a loan because Ms. Estabrook was given a signed promissory note and Ms. Estabrook was listed as a co-owner on the deed to the Vermont house.

“Most criminals don’t give out notes saying they owe you money and they certainly wouldn’t put you on the deed,” Mr. O’Rourke said, noting Ms. Estabrook is still listed on the deed.

He told the jury that Ms. Pope has had no prior criminal record and listed her professional background.

The Shelter Island Town Board appointed Ms. Pope, a Democrat, to fill one of two judgeships in Justice Court, a position left vacant with the death of Judge Howard Cronin in 1998. In November of that year, she ran against Garth Griffin and was elected to serve out Judge Cronin’s four-year term. She ran for re-election in 2002 and was defeated by William A. Sulahian.

The trial is expected to resume on Thursday.

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