DECLARATION TO CALIFORNIA STATE BAR

I am reporting perjury, libel and fraud by Attorney J. David Horspool, in terms of his actions involved with RIP 080974, The Conservatorship of Amalie Phelan (now deceased) in Riverside Superior Court.

BRIEF HISTORY

I first contacted Attorney Horspool in September of 2001, in order to locate a fiduciary for my mother, Dr. Amalie Phelan, formerly of Temecula , California . My sister Judith had been stealing from the estate, and my mother and I felt that it would be best if there were a third party oversight to my mother’s financial affairs.

After two meetings with Attorney Horspool (in October and November of 2001), he introduced us to his client, Melodie Z. Scott, President of C.A.R.E, located at 25 E. State Street in Redlands, California. My mother signed a document nominating Melodie Z. Scott as her conservator on December 2, 2001. Attorney Horspool was paid $5000 for this by my uncle, Mike Hunt, of Lakewood , California . Attorney Horspool has since returned that money to Hunt.

CRIMINAL ACTS BY ATTORNEY HORSPOOL

The felony perjury was committed in a declaration filed in Riverside Court in June of 2002 (attached Exhibit 1). The document was prepared by Attorney Horspool, for his client, Melodie Z. Scott. It is a declaration in support of a TRO against me.

I have enclosed my mother’s medical records, which I finally obtained this week. These records substantiate perjury by Horspool/Scott. Not only did I not cause harm to my mother’s well being and mental health by transporting her to the Emergency Room, I actually saved her life, by bringing her to the hospital, where she was admitted and emergency life-saving surgery was performed (attached Exhibit 2).

The permanent RO was granted on August 1, 2002. I was in court that day for my RO hearing, but there wasn’t any hearing, and the RO was signed in violation of my right to face my accusers (attached Exhibit 3 and 4). You will note that the minute order lists no one as present in the court during the hearing. I was in court--the hearing was held in closed chambers, so that I could not testify in my own behalf. This appears to be evidence of another felony. I believe the applicable law is contained in Title 18 Section 242—Deprivation of Civil Rights Under Color of Law.

In addition, I have attached a letter from the State Osteopathic Board (Exhibit 5), in further support of my allegations of perjury. The RO declaration stated that I had made a report against Dr. Mitzner. The attached letter documents that I made the report SIX MONTHS LATER.

These perjuries are violations of the State Bar Act—specifically, 6068 (a) and (g), as well as felonies under the Penal Code of the State of California (Title 7, Chapter 5, Section 118).

In the matter of libel by Attorney Horspool (also a violation of the State Bar Act, 6068 (g)), Attorney Horspool wrote a letter to Joseph Ludi of Valley, Washington, stating I had made death threats to Attorney Horspool and that he was reporting me to the police. In fact, there exists no police report because I made no threats. I had no prior knowledge that Attorney Horspool had written such a libelous letter, and I had informed Attorney Horspool in an email (Exhibit 6) that I had a TRO issued this year by Santa Monica Court against one Timothy Patrick White, for making written and signed threats of violence against me (SS014171). White regularly engages in internet libel, and had also libeled me. Attorney Horspool then forwarded the libelous letter to White, who posted it onto the internet (Exhibit 7).

I then went to Santa Monica Court to get a RO against Attorney Horspool. In his defense against the RO, Horspool again perjured himself by stating I had made terrorist threats against him. He produced, presumably as evidence, a number of emails I had sent him. There was nothing even approximating a terrorist or death threat to Attorney Horspool in what he supplied as evidence to the court.

The Judge did not deny that Attorney Horspool had committed perjury and libel against me, and advised me to contact the appropriate agencies. This record is on file in Santa Monica Court. I will be submitting documentation of this court action if so requested by your agency.

In the matter of the fraud: In the accountings to the Court for Amalie Phelan’s estate, which were submitted to the court by Attorney J. David Horspool, acting for his client, Successor Trustee Melodie Z. Scott, there are numerous skipped check numbers. Attached is a Xeroxed copy of check # 167 , (Exhibit 8), which is not included in the accountings to the Court. This constitutes fraud, which is also a felony, and thus a violation of 6068 in the State Bar Act. I have also attached the accounting, filed with Riverside Superior Court, where the check would have been listed (Exhibit 9). Under the State Bar Act (6091), the State Bar is authorized to investigate trust fund misappropriations.


My last contact with Attorney Horspool was on July 25, 2006, when I sent him an email informing him that the accountings to the Court for RIP08097 were fraudulent . There was no response from him.

Finally, Melodie Z. Scott, on the advice of Attorney J. David Horspool, cut off my access to trust monies in June of 2002, following my mother’s hospitalization, ignoring a court order of December 18, 2001 to distribute “up to $1500 a month” from the Phelan Family Trust Fund to my sister and myself. My sister, who did not contest the conservatorship, faced no such action. As a result, I became homeless, and nearly starved to death, losing one third of my total body weight because I did not have enough money to buy food ( I had had medical problems at that time and was unable to work). Probate Code 16003 stipulates that the trustee may not favor one beneficiary over another.

I am requesting the strongest possible sanctions against Attorney J. David Horspool. Specifically, I am requesting disbarment. The Board of the State Bar has the authority to investigate complaints and make recommendations (6043). The Bar is also granted the power to discipline attorneys for violations of the State Bar Act (6078).



Janet C. Phelan
August 23, 2006

All documents provided upon  request--janetcphelan@yahoo.com