Astor butler weighs in as Marshall fights prison prospect
Lou Ann Anderson
December 18, 2009
www.EstateofDenial.com

Anthony Marshall was convicted of 13 felonies and one misdemeanor in the estate looting case of his mother, New York socialite and philanthropist Brooke Astor.  As one of the felony charges carries mandatory jail time, Marshall lawyers are focusing on getting that charge dropped with efforts including the submission of 70 or so “character” letters to the judge.  These actions have prompted Supreme Court Justice Kirke Bartley’s receipt of another letter attempting to provide an important reminder regarding the real consequences suffered by Brooke Astor at the hands of her only son.  Christopher Ely, Astor’s butler, has written a letter using his firsthand knowledge in responding to contentions put forth by the Marshall letter writers -some of whom apparently had no direct connection to Astor and Marshall’s relationship.

In his letter, Ely points out that although Al Roker is reported to have characterized Marshall as a “good son to his mother,”other media accounts quote the Today Show broadcaster as saying he hardly knew the Marshalls, let alone Brooke Astor.

Ely writes:

This has been a deeply saddening and disturbing situation for all parties, especially for Mrs. Astor’s final years. Mrs. Astor once told me that if you tell the truth you have nothing to worry about. I do not know if she ever told her son this but I have for many years learnt not to trust the words and motives of Mr. and Mrs. Marshall. I cannot remember in the ten years I knew Mrs. Astor of them doing anything for her unless there was something in it for themselves.

Christopher Ely describes his late employer as “full of life, courageous and very outgoing” in 1997 at the onset of his employment.  He says that  Astor was only 5 feet 4 inches and weighed maybe 90 pounds, but “what she lacked in physical presence was overcome by her wonderful personality, great spirit and caring nature.”  Ely describes the change in Brooke Astor as alterations were made to her estate:

The process of her so-called “change of heart” (after she was diagnosed with Alzheimer’s disease) from 2002 to the signing of the last codicil towards Mr. and Mrs. Marshall broke much of her spirit and trust. Sadly the result of the pressure for these “acts of love” were devastating and Mrs. Astor became increasingly paranoid, extremely insecure, deeply depressed, withdrawn and suspicious. I believe that Mrs. Astor’s Human and Constitutional Rights were violated by Mr. and Mrs. Marshall, Mr. Morrissey and other lawyers.  Mrs. Astor was left without her chosen advocate Terry Christensen even though I think he deserted her, probably because he had compromised himself.

Her spirit and trust broken.  Paranoid.  Insecure.  Depressed.  Withdrawn.  Suspicious.  And tragically, but rightfully so after having been betrayed by so many “trusted” individuals.  Even in the throes of Alzheimer’s, it appears Brooke Astor knew at some level that untoward and involuntary changes were occurring.

While Marshall is the deserved focus of the Astor trial coverage, Christopher Ely once again serves well the interests of Brooke Astor by noting Charlene Marshall as well as attorneys Francis Morrissey, convicted of forgery, conspiracy and facing up to seven years in prison, and Terry Christensen, Astor’s “trusted” attorney, as others who contributed to her abuse and exploitation.

Ely continues:

I believe that our final years should be spent in comfort, surrounded with love and caring people enjoying happy days. Brooke Astor only attained this after the guardianship action in July 2006, before this she suffered and was subjected to vengeful and spiteful acts. She feared for her safety and was left scared and broken. In making Mrs. Astor a virtual prisoner in her apartment must have been torture for someone who enjoyed being out in the sunshine with her beloved dogs.

Prison is about limits.  It’s about denying access.  Christopher Ely says that Anthony Marshall made Brooke Astor a “virtual prisoner.”  Based on court testimony and media accounts of denial and/or limits placed on Astor’s access to people, places and even her own resources, that seems a fair statement.  And remember, she did nothing wrong.

Now we have Anthony Marshall along with his 13 felony and one misdemeanor count conviction who says that despite a jury of his peers rendering a guilty verdict for numerous acts of wrongdoing, prison is inappropriate.  He’s just too old and what he did wasn’t that bad.  That’s pretty much the position of his attorneys.

As the clock winds down, Marshall’s defense team continues their march for dismissal of the Grand Larceny in the First Degree charge, the only of Marshall’s counts that carries mandatory jail time.  That the other charges have the potential of jail time is not being addressed.  In a 247-page reply affirmation largely comprising data about prison life and populations, lawyers opine that any prison term will be a “death sentence” and the prosecution’s “demand” for incarceration is “draconian.”

It’s wrong to steal from anyone, but exploiting defenseless people is especially - shall we say - draconian?  For asset looters, property poachers, grave robbers and walker stalkers or anyone else desiring to steal from the dead, disabled or incapacitated - fearing jail is not a bad thing.

Christopher Ely concludes his letter by saying “My only wish is that you can send a strong message to all who abuse, or are thinking of abusing the elderly and mentally incapacitated.”

May Christopher Ely’s wish come true.

Lou Ann Anderson is an advocate working to create awareness regarding the Texas probate system and its surrounding culture.  She is the Online Producer at www.EstateofDenial.com and a Policy Advisor with Americans for Prosperity – Texas Foundation.  Lou Ann may be contacted at info@EstateofDenial.com.