T Is for Trespass

  “I think that about covers it. If you think of anything else, could you give me a call?” I found a business card in my bag and gave it to him.

  “Sure thing.”

  We shook hands. I slung my bag across one shoulder and moved to the door. He stepped ahead of me and opened it like a gent.

  He said, “I’ll just follow you down the hall since I’m headed that way.”

  We’d nearly reached the landing when he said, “If you want my opinion?”

  I turned and looked at him.

  “I’d bet you dollars to doughnuts, he didn’t leave town.”

  “Why?”

  “He had grandsons.”

  “I heard he wasn’t allowed to see them.”

  “Doesn’t mean he didn’t find a way.”

  As it turned out, the investigator for the Tri-Counties Agency for the Prevention of Elder Abuse was the very same Nancy Sullivan I’d spoken to on the phone, which I learned when she appeared in my office on Friday afternoon. She must have been in her twenties, but she looked a scant fifteen. Her hair was shoulder-length and straight. She had a plain, earnest air about her, leaning forward slightly in her chair, feet together, while she explained what she’d learned in the course of her investigation. The jacket and midcalf skirt she wore looked like they’d been ordered from a travel clothing catalog, a wrinkle-free fabric you could wear for hours on a plane and later wash in a hotel sink. She wore sensible low-heeled shoes and opaque stockings through which I could see evidence of spider veins. At her age? That was troubling. I tried to picture her in a conversation with Solana Rojas, who was so much older, smarter, and wiser in the ways of the world. Solana was cunning. Nancy Sullivan seemed sincere, which is to say clueless. No contest.

  After an exchange of pleasantries, she told me she was filling in for one of the investigators usually assigned to evaluate cases of suspected abuse. As she spoke, she tucked a strand of hair behind her ear and cleared her throat. She went on to say she’d talked to her supervisor who’d asked her to do the preliminary interviews. Any follow-up queries deemed necessary would be referred back to one of the regular investigators.

  So far it sounded reasonable, and I was politely nodding away like a bobble-head doggie on an auto dashboard. Then, as though by extrasensory perception, I started hearing sentences she hadn’t actually said. I felt a small thrill of fear. I knew for a pluperfect fact she was going to drop a bomb.

  She took a manila folder from her briefcase and opened it on her lap, sorting through her papers. “Now my findings,” she said. “First of all, I want to tell you how much we value the call you made…”

  I found myself squinting. “This is bad news, isn’t it?”

  Startled, she laughed. “Oh, no. Far from it. I’m sorry if I gave you that impression. I talked to Mr. Vronsky at length. Our procedure is to make an unannounced visit so the caretaker won’t have an opportunity to set the scene, so to speak. Mr. Vronsky wasn’t ambulatory, but he was alert and forthcoming. He did seem emotionally fragile and in moments, he was disoriented, none of which was surprising in a man of his age. I asked him a number of questions about his relationship with Mrs. Rojas, and he had no complaints. In fact, quite the contrary. I asked him about his bruises…”

  “Solana was present through all of this?”

  “Oh, no. I asked her to give us time alone. She had work to do so she went about her business while we chatted. Later I talked to her separately as well.”

  “But she was in the house?”

  “Yes, but not in the same room.”

  “That’s happy news. I trust you kept my name out of it.”

  “That wasn’t necessary. She said you told her you were the one who called.”

  I stared at her. “You’re kidding me, right?”

  She hesitated. “You didn’t tell her it was you?”

  “No, dear, I didn’t. I’d have to be out of my mind to do such a thing. First words out of her mouth and she’s bullshitting you. That was a fishing expedition. She made an educated guess and looked to you for confirmation. Bingo.”

  “I didn’t confirm anything and I certainly didn’t tell her who called. She mentioned your name in the context of the dispute because she wanted to set the record straight.”

  “I’m not following.”

  “She said the two of you had an argument. She says you distrusted her from the moment she was hired so you were constantly on her case, coming over uninvited to check up on her.”

  “That’s crap for starters. I’m the one who did the background investigation that cleared her for the job. What else did she tell you? I’d be fascinated to hear.”

  “I probably shouldn’t be repeating this, but she mentioned that the day you saw Mr. Vronsky’s bruises, you accused her of hurting him and threatened to call the authorities to file a complaint.”

  “She invented that story to discredit me.”

  “Perhaps there was a misunderstanding between the two of you. I’m not here to judge. It’s not our job to mediate in situations like this.”

  “Situations such as what?”

  “People sometimes call when a question comes up about patient care. Usually it’s a disagreement between family members. In an effort to prevail…”

  “Look, there was no disagreement. We never had a conversation on the subject at all.”

  “You didn’t go to Mr. Vronsky’s house a week ago to help her get him out of the shower?”

  “Yes, but I didn’t accuse her of anything.”

  “But wasn’t it after that incident you called the agency?”

  “You know when it was. You’re the person I spoke to. You said the call was confidential and then you gave her my name.”

  “No, I didn’t. Mrs. Rojas brought it up. She said you told her you were the one who turned her in. I never responded one way or the other. I would never breach confidentiality.”

  I slouched down on my spine, my swivel chair squeaking in response. I’d been screwed and I knew it, but I couldn’t keep pounding on the same point. “Skip it. This is dumb. Just get on with it,” I said. “You spoke to Gus and then what?”

  “After I spoke with Mr. Vronsky, I had a conversation with Mrs. Rojas and she gave me some of the specifics of his medical status. She talked about his bruises in particular. His anemia was diagnosed when he was in the hospital, and while his blood count’s improved, he’s still prone to bruising. She showed me the lab reports, which were consistent with her claim.”

  “So you don’t believe he’s being physically abused.”

  “If you’ll bear with me, I’m getting to that. I also talked to Mr. Vronsky’s primary-care physician and the orthopedist who treated him for his shoulder injury. They say his physical condition’s stable, but he’s frail and unable to manage on his own. Mrs. Rojas said when she was hired, he was living in such filth she had to get a Dumpster…”

  “What’s that have to do with it?”

  “There are also questions about his mental competence. He hasn’t paid his bills in months and his doctors both feel he lacks the capacity to give informed consent for his medical treatment. He’s also unable to see to his daily needs.”

  “Which is why she’s able to take advantage of him. Don’t you get that?”

  Her expression became prim, nearly stern. “Please let me finish.” She shifted some papers uneasily. Her earnestness returned as though she were moving on to a far brighter note. “What I hadn’t realized, and you may not have been aware of this yourself, is that Mr. Vronsky’s situation has already come to the attention of the court.”

  “The court? I don’t understand.”

  “A petition for appointment of a temporary conservator was filed a week ago, and after an emergency hearing a private professional conservator was assigned to manage his affairs.”

  “A ‘conservator’?” I felt like a half-witted parrot, repeating her words, but I was too astonished to do much else. I sat upright and leaned toward her, gripping the edge of
the desk. “A conservator? Are you nuts?”

  I could tell she was flustered because half of the papers slid from her manila folder and spilled out across the floor. In haste, she bent down and swept them into a pile, trying to talk while she gathered everything together. “It’s like a legal guardian, someone to oversee his health care and his finances…”

  “I know what the word means. I’m asking you who? And if you tell me it’s Solana Rojas, I’ll blow my brains out.”

  “No, no. Not at all. I have the woman’s name right here.” She looked down at her notes, her hands shaking as she turned pages right side up and arranged them in rough order. She licked an index finger and sorted through the file until she found what she was looking for. She picked up the paper and turned it toward me as she read the name. “Cristina Tasinato.”

  “Who?”

  “Cristina Tasinato? She’s a private professional…”

  “You said that! When did this happen?”

  “Late last week. I’ve seen the paperwork myself and it was properly executed. Ms. Tasinato worked through an attorney and she put up a bond, which she’s required to do by law.”

  “Gus doesn’t need some stranger stepping in to take charge of his life. He has a niece in New York. Didn’t anyone talk to her? She must have some rights in this.”

  “Of course. Under probate law, a relative has priority when it comes to an appointment as conservator. Mrs. Rojas mentioned the niece. Evidently, she spoke to her on three separate occasions, describing his condition and begging her to help. Ms. Oberlin couldn’t spare the time. Mrs. Rojas felt a conservator was imperative to Mr. Vronsky’s well-being…”

  “That’s a complete crock of shit. I talked to Melanie myself and it wasn’t like that at all. Sure, Solana called her, but she gave no indication he was in trouble. If she’d known, Melanie would have flown out in a heartbeat.”

  The prim mouth again. “Mrs. Rojas says otherwise.”

  “Isn’t there supposed to be a hearing?”

  “Ordinarily, yes, but in an emergency, the judge can go ahead and grant the request, pending investigation by the court.”

  “Oh, right. And suppose the court does the same nifty job you did? Where does that leave Gus?”

  “There’s no need to get personal. All of us have his best interests at heart.”

  “The man can speak for himself. Why was this done without his knowledge or consent?”

  “According to the petition, he has a hearing deficit in addition to periods of confusion. So even if there had been a regular court hearing, he wouldn’t have been competent to attend. Mrs. Rojas said you and his other neighbors don’t fully comprehend the kind of trouble he’s in.”

  “Well, we sure as fuck know now. How’d this Tasinato woman get wind of it?”

  “She might have been contacted by the convalescent facility or one of his physicians.”

  “So however this went down, she now has total control over him? Finances, real property, medical treatment? All of it?”

  Ms. Sullivan declined to respond, which I found infuriating.

  “What kind of idiot are you! Solana Rojas played you for a fool. She played us all for fools. And look at the result. You’ve handed him over to a pack of wolves.”

  The color was rising in Nancy Sullivan’s face and she looked down at her lap. “I don’t think we should continue the conversation. You might prefer to talk to my supervisor. I discussed this with her this morning. We thought you’d be relieved…”

  “Relieved?”

  “I’m sorry if I upset you. I may have presented it wrong. If so, I apologize. You called, we’ve looked into it, and we’re convinced he’s in capable hands.”

  “I beg to differ with you.”

  “I’m not surprised. You’ve been antagonistic since I sat down.”

  “Stop. Just stop. This is pissing me off. If you don’t get the hell out, I’ll start screaming at you.”

  “You’ve already screamed,” she said tightly. “And believe me, this will go in my report.” While she shoved papers in her briefcase and gathered her belongings, I could see the tears splashing down her cheeks.

  I put my head in my hands. “Shit. Now I’m the villain of the piece.”

  27

  The minute she was out the door, I grabbed my jacket and shoulder bag and trotted over to the courthouse, where I entered a side door and climbed the wide red-tile steps to the corridor above. Arches in the stairwell were open to the chill winter air and my footsteps echoed against the mosaic tile walls. I went into the county clerk’s office and filled out a form, requesting the file on Augustus Vronsky. I’d been in the same place seven weeks previously, doing the background check on Solana Rojas. Clearly, I’d screwed that up, but I wasn’t sure how. I sat in one of the two wooden chairs while I waited, and six minutes later I had the record in hand.

  I moved to the far side of the room and sat down at a table, occupied largely by a computer. I opened the file and leafed through, though there wasn’t much to see. I was looking at a standard four-page form. A pale X had been typed into various boxes running down the page. I flipped to the end of the document, where I noted the name of the attorney representing Cristina Tasinato, a man named Dennis Altinova, with an address on Floresta. His phone and fax numbers were listed, as was an address for Cristina Tasinato. Flipping back to the first page, I started again, scanning the headings and subheadings, seeing what I already knew. Augustus Vronsky, designated the conservatee, was a resident of Santa Teresa County. Petitioner was not a creditor or debtor or agent of either. Petitioner was Solana Rojas, asking the court to appoint Cristina Tasinato as conservator for the person and estate of the conservatee. I suspected Solana was at the heart of the matter, but it was still a jolt to see her name neatly typed in the box.

  Under “Character and estimated value of the property of the estate,” all the particulars were declared “Unknown,” including real property, personal property, and pensions. A box was also ticked stating that the conservatee was unable to provide for his or her personal needs for physical health, food, clothing, or shelter. Supporting facts were apparently spelled out in an attachment that was part of the Confidential Supplemental Information and Petition “on file herein.” There was no sign of the document, but that’s what the term “confidential” implies. In the paragraph below that, a box was ticked indicating that Gus Vronsky, proposed conservatee, was “substantially unable to manage his or her financial resources or resist fraud or undue influence.” Again, supporting facts were specified in the Confidential Supplemental Information, which had been filed with the petition but was unavailable as part of the public record. The signatures of the attorney, Dennis Altinova, and the conservator, Cristina Tasinato, were penned at the end. The document had been filed with the Santa Teresa Superior Court on January 19, 1988.

  Also part of the file was an invoice for “Caregiver management” costs, broken down according to fees, month, and running total. For the latter half of December 1987 and the first two weeks in January 1988, the amount requested was $8,726.73. That sum was substantiated by an invoice from Senior Health Care Management, Inc. There was also an invoice submitted by the attorney for professional services as of January 15, 1988, listing dates, hourly rates, and the amount charged off to the conservatorship. The balance due him was $6,227.47. These expenses had been submitted for court approval, and just in case the routing of funds wasn’t clear, the note at the end read, “Please make checks payable to Dennis Altinova: senior attorney time, $200.00/hour; associate attorney time, $150.00/hour; paralegal time, $50.00/hour.” Between them, the newly appointed conservator and her attorney had racked up charges totaling $14,954.20. I was surprised the attorney hadn’t attached a stamped, self-addressed envelope to speed the payment along.

  I marked the pages I wanted reproduced—which is to say, all of them—and returned the file to the clerk. While I waited for copies, I borrowed a phone book and looked up Dennis Altinova in the white pages.
Under his office address and phone number, his home address and home phone were listed, which surprised me. I don’t expect doctors and lawyers to make personal information available to anybody smart enough to check. Apparently, Altinova wasn’t that worried about being stalked and killed by a disgruntled client. The neighborhood he lived in was pricey, but in Santa Teresa even houses in the shabby parts of town cost staggering amounts. There were no other Altinovas in evidence. I checked the listings for Rojas: many, but no Solana. I looked for the name Tasinato: none.

  When the clerk called my name, I paid for the copies and tucked them in my bag.

  Dennis Altinova’s office on Floresta was half a block from the courthouse. The police station was on the same street, which came to a dead end at the point where the Santa Teresa High School property picked up. In the other direction, Floresta crossed State Street, ran past the downtown, and eventually butted up against the freeway. Lawyers had staked out the area, settling in to cottages and assorted small buildings whose original tenants had moved on. Altinova was renting a small suite of offices on the top floor of a three-story building with an off-brand savings and loan at street level. If I remembered correctly, the space had once been devoted to an upholsterer’s shop.

  I studied the directory in the lobby, which really amounted to little more than a walk-in pantry where you could wait for an elevator that moved with all the speed and grace of a dumbwaiter. The rents here weren’t cheap. The location was prime, though the building itself was woefully out of date. The owner probably couldn’t bear to sacrifice the time, energy, and money required to move tenants out and do a proper remodeling job.

  The elevator arrived, a four-by-four cubicle that jerked and shuddered throughout my creeping ascent. This gave me time to examine safety inspection dates and speculate about how many people it would take to exceed the weight limit, which was 2,500 pounds. I figured ten guys at 250 pounds apiece, assuming you could squeeze ten guys into a contraption that size. Twenty women at 125 pounds each was out of the question.