Today was supposed to be sentencing day for Terry Erwin Stork, the longtime Austin (TX) attorney who plead guilty several months ago to stealing from three elderly women’s estates that he was in charge of overseeing after their deaths.  (See EoD News Archive)  EstateofDenial.com was there.  Despite a three hour proceeding, no sentence was handed down yet much was learned regarding the character and conduct of Stork.

We have a few comments about today’s proceedings, but first, we’ll provide an overview of the day’s events.  Parties involved with the Stork case gathered as scheduled 9 a.m. this morning in the Travis County 331st District Court with Judge Bob Perkins presiding.  Shortly after 9, Travis County Assistant District Attorney Patty Robertson informed us that due to Stork complaining earlier that morning of not feeling well, jail personnel had transported him to a local hospital for evaluation.  Ms. Robertson was most courteous in providing updates and potential timeframes for the next two and one-half hours.  It appears doctors were finding Stork’s vital signs to be non-problematic, but did perform a few precautionary tests.  Around 11:30 a.m., Stork, dressed in prison garb, was delivered to the courtroom in a wheelchair.

The sentencing hearing began with Ms. Robertson advising that the prosecution would be calling 14 witnesses, Stork’s attorney said he would call none.  Ms. Robertson began her series of witnesses with individuals directly related to the three estates from which Stork stole or misappropriated assets.  They methodically laid out difficulties in dealing with Stork and details of how they came to realize that administration with each estate was problematic.  A number of irregularities were described including a lack of accountings, co-mingling of funds from the estates, checks written/deposited to the personal accounts of Stork and his children and even the release of money from one estate being witheld by a bank due to Stork having used it as collateral for a loan co-signed with his son.  Assembling this picture of Stork’s activities was undoubtedly a long, tedious process on the part of numerous attorneys and financial professionals.  In the final analysis, though, it appeared to well demonstrate serious misconduct and breach of fiduciary responsibility on the part of Terry Erwin Stork.  An additional witness chronicled Stork’s history of disciplinary actions with the State Bar of Texas that concluded with his resignation from the Bar in 2007.

Next, witnesses told of altercations with Stork.  One was a school-crossing guard and another was from Austin’s Office of the City Marshall.   The crossing guard had a verbal and slightly physical incident with regard to a parking infraction outside an elementary school.  A sergeant from the City Marshall’s office described knowing Stork due to dealings involving excessive parking tickets, interference with a car about to be towed and an issue over courthouse security scanners.

Subsequent witnesses described recent activity indicating that Stork apparently was continuing to practice some degree of law despite his early 2007 resignation from the Texas Bar.  One case brought up involved his daughter and a Williamson County tax matter.  Another involved a man who hired Terry Stork to presumably help him with traffic tickets.  And still another testified how Stork helped prepare a will for his mother.  All these acts presumably happened after Stork was no longer a practicing lawyer.  Stork is alleged to have signed his brother Michael Stork’s name to legal documents pertaining to these cases.

The final witness was Michael Stork, brother of Terry Stork.  He testified that certain phone calls and documents attributed to specific cases and his standing as a practicing lawyer were not instigated by him.  The implication was that these acts were perpetrated by his brother, Terry Stork, seemingly continuing to function as a lawyer but by using Michael’s name and status.

As a side note, we had heard earlier this week that Stork had been returned to jail.  While unknown to us at the time, this information appears to have been accurate.  Though unconfirmed through court documents, one court observer indicated that Stork was returned to jail due to new charges regarding document forgery.  As always, EoD will work to learn more and report our findings.

Today’s hearing included no closing statements, but we’d like to give our perspective on six hours of courtroom drama.  Some things we saw during this proceeding prompted a desire to outwardly applaud courage and tenacity.  Other things and accountings of past proceedings reminded us of “the good ol’ boy network” in which those from “the club” are protected by their peers and only when necessary is a show of justice is administered.

If ever given the opportunity for a closing statement, the EoD message would be as such:

Laura Ellis, Allene Naumann, Clara Petri.  These are the names that we want to not be forgotten.  Some heirs connected to these ladies have been through a legal hell which should never have occurred.  They have lost time in their lives and financial resources which will never be recovered. Their families have been negatively  affected by this — all due to the dishonesty of one man.  Mrs. Ellis, Mrs. Naumann, Mrs. Petri counted on Terry Stork to honor their final wishes.  This man betrayed them and his impact will be felt for generations as Terry Stork stole much more than money.  Rights of inheritance - an American tradition, an American right - provide future opportunity.  To steal this from another person and their heirs is a theft of future individual productivity and societal prosperity.  The assets squandered by Terry Stork could have provided an enhanced education, seed money for a new business, capital toward a home - all things that feed our economy promoting capitalistic productivity and/or financial independence.  When people have the capacity for a lifelong accumulation of assets, what a heinous, evil crime for someone to steal and squander financial resources while simultaneously denying said assets to rightful heirs who hopefully would continue the legacy of fiduciary responsibility, fiscal appreciation and asset maximization — all attributes absolutely in absentia with regard to Terry Erwin Stork!

And to conclude, per Judge Perkins, he will review the testimony and documentation presented and has “reset” the case for September 22.  We’re not lawyers, but we’ll research and get back to you with exactly what that means.  Stay tuned!