Astor’s son staying free
Laura Italiano
January 12, 2010
New York Post
http://www.nypost.com/p/news/local/astor_son_staying_free_Jk19PXtyhnNDlkcJJLt5nI
Brooke Astor’s swindling son and his co-defendant/estate lawyer can stay out of prison for the duration of their appeals — which could take years, a judge ruled yesterday.
Manhattan Appellate Division Judge Helen Freedman’s bail decision was great news for Anthony Marshall, 85.
He has argued in court papers that his frail health would turn even the shortest prison term into a death sentence.
Marshall, who was sentenced to one to three years, and Francis Morrissey had been scheduled to turn themselves in to prison authorities on Jan. 19.
Marshall was sentenced on Dec. 21, following his conviction in October for stealing millions of dollars from his Alzheimer’s-stricken philanthropist mother.
Freedman ordered that both men post $5,000 bail.
She also hiked their recognizance bonds from $100,000 to $500,000 — the amount they’d be obligated to forfeit if they flee, a source said.
Astor’s Son Can Stay Out of Prison While He Appeals
Karen Freifeld
January 11, 2010
BusinessWeek
http://www.businessweek.com/news/2010-01-11/astor-s-son-can-stay-out-of-prison-while-he-appeals-update1-.html
Jan. 11 (Bloomberg) — Anthony Marshall, sentenced to one to three years in prison for defrauding his mother, Brooke Astor, the late New York philanthropist and socialite, won the right to remain free on bail while he appeals his conviction.
Marshall’s bond was set at $500,000 today by Justice Helen Freedman at the appellate division of New York Supreme Court in Manhattan.
“We are pleased that the judge has granted our application and that Mr. Marshall will continue at liberty,” his lawyers, Kenneth E. Warner and John R. Cuti, said in an e-mailed statement. “His appeal is very strong and we will pursue it on all issues.”
A jury found Marshall, 85, guilty on Oct. 8 of defrauding the philanthropist by having her change her will when she was incompetent to do so, giving himself millions of dollars. Co-defendant and lawyer Francis X. Morrissey, convicted of forging Astor’s name on an amendment to her will, was also sentenced to one to three years.
Both men were ordered at their Dec. 21 sentencing to surrender to prison officials on Jan. 19.
The Manhattan District Attorney’s office opposed Marshall’s request to stay out of prison pending his appeal.
“To grant defendant Marshall on bail pending appeal, in a case where he has no reasonable chance of succeeding on appeal, would be to defeat the purpose of the mandatory sentencing scheme which was enacted to assure equality of treatment between white collar criminals and street criminals,” prosecutor Joel J. Seidemann wrote in court papers.
Astor, who suffered from Alzheimer’s disease, died in 2007 at age 105.
Brooke Astor son Anthony Marshall can stay free pending his appeal – thanks to $500,000 bond
Melissa Grace
January 11, 2010
New York Daily News
http://www.nydailynews.com/news/ny_crime/2010/01/11/2010-01-11_anthony_marshall_convicted_of_looting_mom_brooke_astors_estate_in_fresh_bid_to_s.html
Brooke Astor’s son, convicted of looting his famous mother’s $185 million fortune, secured his freedom Monday for a mere five grand.
Anthony Marshall, 85, who was sentenced in December to one to three years in prison, was supposed to surrender on Jan. 19 and start doing his time.
But Manhattan Appeals Court Judge Helen Freedman ruled he could stay free pending his appeal as long as he posted a $500,000 personal recognizance bond – which means just $5,000 cash upfront.
“We’re pleased that the judge has granted our application and that Mr. Marshall will continue at liberty,” defense attorney Ken Warner said.
“His appeal is very strong and we are pursuing it.”
According to court papers, Marshall fell in his apartment Christmas Eve and bashed his face against a piece of furniture, sustaining “dramatic bruising” under his eye.
“Where is he going to go? He can’t even get around his own apartment,” a source close to the defense said.
Marshall’s team has 120 days to file his appeal.
The trial generated 17,000 pages of testimony, and an appeal could take years.
Marshall was convicted of stealing from his philanthropist mother as her health failed. She died in 2007 at 105.
Astor’s Son to Stay Free During Appeal
John Eligon
January 11, 2010
The New York Times
http://www.nytimes.com/2010/01/12/nyregion/12astor.html
Brooke Astor’s son may remain free while his lawyers appeal his conviction on charges of stealing from and defrauding his mother, an appeals court judge has ordered.
Mrs. Astor’s son, Anthony D. Marshall, was sentenced last month to one to three years in prison. Mr. Marshall, 85, was convicted on a series of charges relating to accusations that he tricked his mother, who was more than 100 years old and suffered from Alzheimer’s disease, into altering her will to funnel tens of millions of dollars his way. The most serious conviction was on a charge of first-degree grand larceny for giving himself a retroactive salary increase of more than $1 million for managing his mother’s finances. That conviction carried a mandatory prison sentence of at least a year.
“We are pleased that the judge has granted our application and that Mr. Marshall will continue at liberty,” Mr. Marshall’s lawyers, Kenneth E. Warner and John R. Cuti, said in a statement on Monday after the order was released. “His appeal is very strong and we will pursue it on all issues.”
Justice Helen E. Freedman of the appellate division in Manhattan also allowed the co-defendant, Francis X. Morrissey Jr., a lawyer who did estate planning for Mrs. Astor and also was convicted of defrauding her, to remain free pending appeal. Both men were ordered to post $5,000 cash and sign $500,000 personal recognizance bonds.
Mr. Marshall’s lawyers last month asked the trial judge, Justice A. Kirke Bartley Jr. of State Supreme Court in Manhattan, to throw out the first-degree grand larceny conviction and spare their client prison time, but Justice Bartley refused.
In a brief filed last week, the defense said that Justice Bartley erred in refusing, during deliberations, to talk with a juror who sent out a note saying she felt “personally threatened by comments made by another juror.”
That was “likely to lead to a reversal on every count, for both defendants,” the defense wrote.
NY judge: Astor’s son can stay free during appeal
Jennifer Peltz/Associated Press
January 11, 2010
Lebanon Daily News
http://www.ldnews.com/news/ci_14167115
NEW YORK—Philanthropist Brooke Astor’s 85-year-old son can stay out of prison while he appeals his conviction for looting his mother’s fortune, an appeals judge ruled Monday.
The judge approved Anthony Marshall’s request to stay free on bail during an appeal that could take years.
The ailing Marshall was sentenced last month to one to three years in prison—the minimum term his conviction required. At the time, a judge gave him until Jan. 19 to report to prison.
He was convicted of taking advantage of Astor’s failing mind to steal millions from her nearly $200 million fortune. She died at 105 in 2007.
The appellate court raised Marshall’s bond from $100,000 to $500,000; he needed to post only $5,000 in cash.
Considered the grand dame of New York society, Astor gave away nearly $200 million to institutions and charities. Her philanthropy won her a Presidential Medal of Freedom, the nation’s highest civilian honor, in 1998.
She was diagnosed with Alzheimer’s disease in 2000, and prosecutors said Marshall exploited her advancing dementia to pluck artwork off her walls, award himself a more than $1 million raise for managing her money and persuade her to change her will to reward him at the expense of charities.
Marshall’s lawyers said she knowingly altered her will to benefit her only child, and he had the legal power to give himself the raise and other gifts with his mother’s money when she was alive. He believed Astor wanted him to have the money and items he was convicted of stealing, they said.
After a five-month trial that featured testimony from such Astor friends as Henry Kissinger and Barbara Walters, a jury convicted Marshall of a roster of offenses including grand larceny and scheming to defraud.
His attorneys have said any prison time could kill Marshall, who suffers from heart problems and other ailments. His wife has said he suffered a mini-stroke during his trial; at another point during the proceeding, he had to be rushed to a hospital after falling in a courthouse men’s room.
Marshall, a decorated World War II veteran who was wounded in the battle of Iwo Jima, later became a U.S. ambassador and Broadway producer.
Marshall didn’t testify or call any witnesses at his trial. After being convicted, he broached his resume, medical troubles and a star-studded list of supporters—including Whoopi Goldberg and Al Roker—in a bid to remain free.
Meanwhile, a fight over Astor’s estate continues in civil court, pitting Marshall against several charities. It was on hold during the criminal case.
Estate of Denial® provides news, analysis and commentary on abusive practices occurring in probate courts and via probate instruments (wills, trusts, guardianships, powers of attorney). We provide original perspective to educate the public regarding this growing threat to both individual freedoms and property rights.
