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Perjury in a Josephine County Courtroom

By US~Observer Staff

Grants Pass, Oregon – On January 31, 2006 a hearing was held in front of Josephine County Presiding Circuit Court Judge Lindi Baker to determine whether or not Paul Magee needed a conservator.

Paul Magee’s daughter Susan Magee Sherwin of Encinitas, California filed a “Notice of Petition To Appoint Guardian And Conservator” on December 2, 2006 through Grants Pass Attorney Rebecca Peterson.

Peterson called a court visitor to the stand who had spent approximately 1 hour with Paul Magee and Phil Newton with Adult Services to testify about Magee’s short term memory problems. Newton who is not an authority on anything, much less mental conditions did his best to bolster Sherwin’s claims after spending only 45 minutes with Magee.

Sherwin and her attorney did their level best to deceive the court into believing that Paul Magee’s money was nearly depleted, that he was on his last leg and that he only had a couple months left before he would be under a bridge. Nothing could be further from the truth. Nothing was said by the duo about Magee’s $1000.00 monthly SS income or that he is soon to receive veteran’s benefits that could possible increase his monthly income to over $2,000.00. The fact that Magee is currently going through a divorce which could net him a substantial amount of money was professionally side-stepped by Sherwin and her attorney.

Sherwin, who is a very cunning and persuasive woman almost tearfully, told Judge Baker how she wanted to move her father to California where he could be around his loving family and even told the court of both her qualifications and wishes to take care of her father. Fortunately, Sherwin has already disclosed the fact that she intends to place her father in a vet’s home…somewhere the elderly Magee adamantly opposes to being. The fact is that Sherwin won’t be caring for her father at all; she will simply be caring for his assets.

Sherwin committed perjury as she told the court how upset Edward Snook was when she told him she was going to involve the State of Oregon due to the fact that she knew that Paul’s care giver had been stealing from him. The fact is Mr. Snook had to work hard at convincing Magee to sign a power of attorney over to the state so they could have an expert go over all his financial records. The only time that Mr. Snook got upset with Sherwin was when she announced she was going to seek a conservatorship over her father.

The two attempted to persuade Judge Baker that Magee wasn’t competent enough to enter into contract which he did with Snook when he hired the Observer to investigate allegations that Magee’s soon to be ex-wife had stolen many of his assets. They again side-stepped the fact that Magee is currently in a contractual relationship with local attorney Chris Cauble, that Cauble communicates in writing and verbally with Magee, that Magee recently successfully went through a legal deposition regarding his divorce case and that Magee has paid Cauble a significant amount of money to represent him. Cauble, who is a highly respected and ethical attorney, would never take advantage of an elderly person and if there was any question about Paul Magee’s mental state Cauble would certainly know it. If Magee is capable of having a contractual relationship with Cauble he is certainly capable of having one with Snook. The fact is that Paul Magee is smart, he knows what he wants and he is more than capable of making his own decisions. The only time in Magee’s life that he wasn’t competent was a period in the 1990’s when he suffered from alcoholism, a condition which was supported by his supposed friends and wife.

Back to the State of Oregon’s involvement – Phil Newton actually gave false testimony when he testified about Magee’s mental ability as his only reason for speaking with Magee for 45 minutes was to get Paul’s consent to sign a power of attorney so he could attempt to get a care giver in trouble. Well, that didn’t pan out as the expert who went over Magee’s finances with a magnifying glass found nothing whatsoever wrong. This completely cleared Paul’s caregiver of any wrongdoing just as it foiled Newton’s intentions. We should note that while Newton testified that Magee wasn’t capable of entering into a contract, he himself had Magee sign a power of attorney which in all actuality is a contract itself.

Some months ago when Snook formed the belief that Sherwin was only interested in her Dad’s assets he had Sherwin write him a letter which was presented in court as evidence. The letter clearly stated that her father was competent and how capable he was of handling his affairs. Her testimony in court was actually just the opposite.

Magee, who is not a confrontational person clearly told Judge Baker of his wishes to remain where he is and that he did not want his children making any decisions for him.

Judge Baker has taken the case under advisement and we believe that she will see through the hypocrisy and lies that were told in her courtroom on January 31, 2006. We also believe Judge Baker will see from the testimony that Phil Newton’s claims that the state is there to investigate for the elderly is nothing more than a farce as the state did no investigation into Paul Magee’s affairs other than having a person go over his financial records. Don’t miss our next edition where we will publish many more facts about Magee’s assets, those who now control them and those who want control of this man simply because of the assets.

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