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A Plan to Halt Mistreatment Of the Elderly

By: Kate Stone Lombardi
The New York Times, March 8, 1998

Margaret Brigham looks like a dream of a grandmother. Petite, with beautiful white hair and wearing a blue suit and a fresh coat of lipstick, the 89-year-old woman walked slowly to the podium, where she trembled a bit before beginning her story.

In a voice so quiet that the audience leaned forward in their seats to hear her, Mrs. Brigham recounted the day that a man arrived at her doorstep in Ossining, saying he was looking for work. When she told the man she had no job for him, he asked for a glass of water. As Mrs. Brigham went into the kitchen, he followed her into the house. The man then opened the basement door and threw Mrs. Brigham down a long flight of narrow steps. After she landed, he came down after her, ripping her wedding and engagement rings off her hand over her knarled, arthritic knuckle. He then dragged her around a corner and locked her in a small, dark storage closet underneath the stairs. Mrs. Brigham recalled: "He kept yelling: 'Where's your money? Where's your money?' I said, 'I'll tell you if you let me out.' "

The man did not let her out but ransacked her house and left her for dead. Mrs. Brigham, however, found a metal rod from her vacuum cleaner in the closet and used it to pound the door repeatedly with all her strength. Though she was dazed, bruised and suffering from a broken arm, she was eventually able to open the door, climb up the stairs and call 911. "Almost immediately the police and a detective arrived," Mrs. Brigham said, smiling shyly. "They were kind and wonderful."

Mrs. Brigham was speaking to a group of police officers, who had gathered recently at District Attorney Jeanine Pirro's office here for the county's first training session for law-enforcement officers on abuse of the elderly. The program was sponsored jointly by Mrs. Pirro's office and Elder Serve of Westchester, a division of the Hebrew Home for the Aged at Riverdale.

Mrs. Pirro said that in the last few years there has been a huge increase in physical and sexual abuse against elderly victims. Last year she started an Elder Abuse Unit in her office to prosecute those crimes. She said the effort was particularly important because the elderly are the fastest growing age group in the county. "As citizens are living longer, the risk of violence to them has likewise increased," Mrs. Pirro said. "We have to come together and collaborate as we have in the areas of domestic violence and child abuse to serve these most vulnerable citizens."

The training session covered mistreatment of the elderly ranging from neglect and financial fraud to physical abuse and violent crime. Mrs. Pirro said studies show that each year 4 percent of adults 65 and older are physically being abused or neglected. The elderly are particularly vulnerable to crime because of their isolation, their frailty and their dependency on others, experts at the training session said. Compounding the problem is a reluctance on the part of many older victims to report physical assault -- especially sexual crimes -- to the police. Prosecutors who work with older victims said there are many reasons for the elderly's hesitancy to testify against an assailant, including fear, guilt and often dependence on the attacker for food, shelter and medication.

Lisa A. Linsky, associate chief of the Special Prosecutions Division, described several recent physical-assault cases. In one case, a drug-addicted 36-year-old man punched and burglarized his 78-year-old father and 82-year-old mother. In another, a Mount Pleasant man repeatedly punched his 78-year-old mother in the face, and a 22-year-old man beat his mother and then kept her locked in her home.

In all these cases, prosecutors had to persuade the victims not to withdraw charges. Ms. Linsky described "a mutual web of dependency," in which parents may be providing a home or money for their adult children, but the abusive children have physical control over the parents. "These kinds of cases happen all over our county, involving all kinds of people and relationships," Ms. Linsky told the officers. "We have to be very aggressive in prosecuting domestic violence when we don't have the cooperation of the victim. Likewise with the elderly, who sometimes do not cooperate out of shame, misguided loyalty, fear of retaliation or fear of not being believed."

Ms. Linsky said abuse of the elderly has certain similarities to child abuse. She advised the officers to look for patterns of physical injury -- like bruises in various stages of healing, welts, burns, malnutrition, lacerations and rope marks. She added that preservation of the crime scene is critical and that investigating officers should pay close attention to the interaction between elderly people and their caretakers, checking for inconsistencies between each person's description of the incident.

Barbara Egenhauser, chief of the Sex Crimes and Elder Abuse Bureaus, talked to the officers about sexual crimes and the elderly. She described the case of a 76-year-old widow in Port Chester who answered the door at 7:30 A.M. for a 19-year-old handyman who had recently painted her porch. He asked if he could use her phone, and once inside he punched her in the face, pushed her down and raped her.

Ms. Egenhauser described two other cases -- one of an 84-year-old victim who lived in housing for the elderly in lower Westchester and one of a 64-year-old former nun and schoolteacher -- both of whom were raped by young assailants. In these cases, Ms. Egenhauser said, the women did not immediately call the police, did not want to go to the hospital and did not initially want to press charges.

"These are women of a different generation, and there are issues of shame and embarrassment that are profound and that are exacerbated," Ms. Egenhauser said. "This generation did not get sex education in elementary school. They didn't have classes in high school on date rape. These women often lack the words that define the crime. It is excruciatingly difficult for them to become part of the criminal justice system. Their fear of publicity and being victimized again on the witness stand is acute."

One thing that has helped minimize trauma is the office's use of vertical prosecution, in which the victim works with only one assistant district attorney so that she does not have to retell the story repeatedly.

Detective Thomas Reddy of the Ossining Village police, who with Detective David See, investigated Mrs. Brigham's case, also spoke to the officers. He said that in addition to gathering information, officers should evaluate the victim's condition -- checking for hearing or sight impairment, senility or a chronic health problem. He said it is important to have a victim take prescribed medications before an interview and be given information on what to expect as the case progresses.

Most important, he said, was to be compassionate and respectful. "Never underestimate the ability or the intelligence of the elderly victim because of their age," Detective Reddy said. "Most can recall minute details. Be compassionate, but don't treat them like a child. They may be frail, but they have been around and they know what's going on."

After the crime against Mrs. Brigham, Detective Reddy installed a peephole and a deadbolt lock on her door. This week, Mrs. Pirro's office is expected to announce a new program, Watchful Eye, in which, in collaboration with private businesses, peepholes and deadbolt locks will be installed for elderly residents, and they will also be equipped with hand-held air horns.

Mrs. Brigham was able to identify the man who assaulted her. Not only did she provide a police artist with an uncanny likeness of the suspect, Larry Stevens of Staten Island, but she also picked him out of a lineup. Mrs. Brigham also testified against him, and Mr. Stevens was convicted of robbery, burglary and assault for which he faces 12 1/2 to 25 years in prison. Mr. Stevens is a suspect in several other cases involving elderly victims, and he is awaiting trial on charges of homicide of an elderly man in Greenburgh.

At an interview at her home, Mrs. Brigham held the hand of Detective Reddy, whom she called, "my adopted grandson." She said she planned to attend Mr. Stevens's sentencing, so long as the detective is willing to accompany her. Referring to the suspect, Mrs. Brigham leaned forward and said: "To tell you the truth, I'd like a little time alone with the gentleman. Well, I can't call him a gentleman, because he really wasn't one. I hope people don't think I'm terrible. But I want them to put that man in a very strict jail with a big, mean cell mate."