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People v. Ellis5/28/2003
to Union Bank in Auburn on June 22, 1999, where Michelis closed accounts containing nearly $400,000. Bank employees knew Michelis well. She had been a bank customer for 23 years, and brought roses to employees on a regular basis. The bank insisted on a procedure that left an audit trail through a cashier's check made out to defendant, rather than giving defendant cash for a check signed by Michelis. The bank manager observed that defendant appeared to be coaching Michelis in her conversation with the bank teller. He told defendant he thought she was taking advantage of the situation she had been placed in.
On June 25, Michelis opened two accounts totaling $400,000 at River City Bank in Sacramento. Initially, defendant and Dorsey attempted to open the accounts while Michelis waited outside in the car. However, bank personnel insisted on identifying Michelis in person before they opened the accounts. The new accounts clerk described Michelis as "limp" and "drunk." She repeatedly asked to be taken home. Defendant and Dorsey held Michelis up to sign the documents, and she fell forward at one point and bumped her head on the desk.
Four days later, defendant deposited a $200,000 check from the new River City Bank account in her personal account at Wells Fargo Bank in Granite Bay. The word "gift" appeared on the memo line of the check. Except for the signature, which appeared to belong to Michelis, the handwriting on the check was defendant's. When presented with the $200,000 check for payment, River City Bank officials telephoned Michelis three times to confirm that she intended the transaction. Michelis appeared to be confused, and responded to questions only when coached by a female voice in the background. River City Bank refused to honor the check. Defendant later told Dorsey she would have shared the check with her if it had cleared.
County officials questioned Michelis about the $200,000 check shortly thereafter. Michelis could not recall the check or explain why the word "gift" appeared on it. She did not know how many bank accounts she had or how much was in them. Nor did she know what day it was.
During the same period, defendant used Michelis's American Express card to purchase personal items that were delivered to Michelis's house and a new post office box in Sacramento. The June 1999 balance of $4,938.81 was paid by a check from one of Michelis's accounts. American Express later credited the account with $3,521.63 based on unauthorized activity. Defendant also used Michelis's Mastercard to make unauthorized purchases of clothing, jewelry, and dental work. The Mastercard bills were also paid by checks drawn on Michelis's bank accounts.
Defendant shielded Michelis from contact with her neighbors and fellow members of the Gold County Rose Society who telephoned or stopped by the house. A sign on the door prohibited visitors without an appointment. Defendant discussed with Dunbar a list of neighbors and relatives to be included in a restraining order.
Based on their investigation into the $200,000 check, Placer County officials filed a second petition for conservatorship on July 8, 1999, to freeze Michelis's assets. When the deputy public guardian attempted to visit Michelis on July 9, defendant would not let her inside the house. The court granted the petition, and the conservatorship was still in effect at the time of trial.
Michelis came out of the house July 29, 1999, and told a neighbor that her caretaker had choked and kicked her. Neighbors saw two women grab Michelis by the arms and take her back inside the house. Defendant called Dunbar. When he arrived, Michelis told him that defendant had held her on the floor, put
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