A San Bernardino County attorney has defied a court issued subpoena mandating that he turn over bank records which would allegedly implicate him in a â€œmurder-for-money scheme.â€
The account in question belonged to a conservatee and was subsequently taken over by the attorneyâ€™s client, conservator, Melodie Scott.
Attorney J. David Horspool has consistently denied knowledge of any Bank of America account pertinent to Amalie M. Phelan.
However, records already obtained show that Horspool and Scott drilled the safety deposit box held in Amalie Phelanâ€™s name at the very Bank of America branch location where the account was situated, calling into question his profession of ignorance.
According to Janet Phelan, Horspool and Scott withheld from the court all records pertaining to this account and also withheld information about two Bank of America VISA cards and used these to pay off Judith Phelan, Amalieâ€™s eldest daughter, who then allegedly withheld Amalieâ€™s necessary cardiac medicine in an effort to kill her in 2002. Medical records confirm that Amalie Phelan was admitted to Rancho Springs Hospital on June 11, 2002, where she was then operated upon and a pacemaker implanted to regulate her heartbeat. Janet Phelan had transported her to the hospital.
Amalie Phelanâ€™s pulse at the time of going into surgery was listed as 37. Within a couple of days, Janet Phelan was subsequently served with notice that Scott and Horspool had applied for a Restraining Order against her, to legally restrain her from her mother. The application for the RO, signed by Melodie Scott, states that Janet Phelan â€œunnecessarilyâ€ transported her mother to the hospital, thereby causing emotional trauma to her mother.
The matter was to come to hearing on August 1, 2002. Court records and a notarized witness statement confirm that Phelan was in court from the opening to the closure of court and that Judge Stephen Cunnison never called this to hearing and restrained Phelan from her mother without due process.
â€œThis was going to be very simple, â€œ states Janet Phelan. â€œI was going to ask the judge to subpoena the medical records, which were at that time only available to the conservator, not to me. I was going to tell him that the hospital trip was absolutely necessary and that as a result of the surgery my motherâ€™s life was saved. â€œJudge Cunnison violated the very cornerstone of our legal systemâ€”the right to due process. He also ensured my motherâ€™s demise.â€ The sanctions for ignoring a court authorized subpoena are severe, involving citation of contempt of court and monetary sanctions.
Phelan predicts that Horspool will skate on this. â€œThe judge accommodated his murderousness back in ’02 by restraining me without due process,â€ she says. â€œThis court has no regard for the law, the Constitution or human life. I will be very surprised if Horspool is sanctioned for his ignoring the subpoena.
â€œMy mother was a government employee for twenty seven years,â€ adds Phelan. â€œShe had a doctoral degree and was a supervisor at the Long Beach Health Department. But the way the court behaved, she might just as well have been a Jew in Nazi Germany.â€
When given the opportunity to respond as to why he has ignored the subpoena which he was served with on April 29, 2011, Horspool attacked Phelan, saying, â€œI got your idiotic, stupid, insane mentally ill faxâ€¦â€ He goes on to assert that â€œyou previously subpoenaed the same records,â€ and also suggests that â€œif you think you got something, file it with the court instead of lying about it like you continually do.â€ He also states that â€œYou have been provided with everything I have.”
A review of the court records shows no prior subpoenas issued by any party to this case. The record also shows that Phelan filed a lawsuit against Melodie Scott on June 1, 2009. The lawsuit was shut down by Judge Stephen Cunnison on May 5, 2010 at a hearing that was not legally noticed and at which Phelan was not present.
During the course of discovery for the lawsuit, Phelan explicitly requested the records of the payments made to Judith Phelan and the court ruled against giving these to her. Phelan made a police report concerning several bottles of undispensed heart medication on June 11, 2002. The police report states it was forwarded on for investigation. The DA denies receiving the report and no investigation took place. Judith Phelan is now residing in the San Francisco Bay area under an assumed name.