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New documents reveal conflict of interest in case of caretaker updating dementia patient's will
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BATON ROUGE - New documents filed in a case concerning a caretaker accused of manipulating a man with dementia and updating his will weeks before he died show that there may be a conflict of interest in the succession case.
As previously reported, the battle started when Garrett Claybourn died in 2021. His wife, prominent Baton Rouge interior designer Beth Claybourn, said her husband suffered with dementia and the family hired caretaker Melba Braud.
A will created 20 days before Garrett Clayborn died included Braud and her grandchildren as beneficiaries — giving them a $2 million Destin condominium, access to all of his stocks and bank accounts and half of his stake in his wife's business.
His family sued, claiming an older will should be honored because Garrett Claybourn was not capable of signing a new one because of his dementia. Attorney Maria Finley notarized the paperwork, which listed herself as the executor of Claybourn's will and estate. Finley was sued by the Claybourn family along with Braud.
A writ filed Friday by Beth Clayborn's attorney alleges a conflict of interest. Attorney Dane Ciolino represented Finley in the civil case. At the same time, Ciolino was representing Judge Foxworth-Roberts. The judge retained Ciolino after she learned she was being investigated by the Judiciary Commission for misrepresenting her military background. The writ states this information was never disclosed.
East Baton Rouge District Attorney Hillar Moore said that the information came to light on Friday.
"This past Friday, we learn that, 'Wait a minute!' The judge was now represented by a lawyer that she made a favorable ruling for. Whether correct or not, that caused us some concern, hesitation, and pause that we really need to take a look at this," Moore said. "There's a conflict of interest involved with the case now. It brings her judgment and her written reasons for that judgment into question and now we have to take a look at this case all over again."
In June 2024, Judge Foxworth-Roberts issued a judgement that said there was insufficient evidence to suggest that Finley influenced Claybourn's will. Braud was indicted on three counts of exploitation to the infirm. Sept. 8, the State of Louisiana dismissed charges against Braud, citing Foxworth-Roberts' judgment declaring there was no fraud or deceit.
In an email to WBRZ, Ciolino said the judge disclosed twice in the court proceedings of the conflict of interest, stating:
"Judge Foxworth disclosed to all of the parties at least twice that I was her lawyer—once on a phone conference and once in court during a bench conference. The lawyers for all of the parties then told Judge Foxworth that my representation was not a problem. Moreover, no party thereafter filed a motion to recuse Judge Foxworth. Any contrary suggestion purposely or recklessly ignores the truth."
Finley said it was Beth Claybourn's original attorneys who waived any issue of Ciolino representing Judge Foxworth-Roberts and that the first announcement of the disclosure happened on a telephone conference on Aug. 2, 2023.
Attorney Harley Brown represents another party in the case, Garrett Claybourn's son Brendan. In an email to WBRZ, he wrote in part:
"The representation made by Mr. Bodin in the writ application is not correct. Mr. Bodin, who filed the writ application, was not the trial attorney when this matter was tried before Judge Foxworth Roberts. I have had at least four conversations with Mr. Bodin since the judge issued the ruling, and on several times I have pointed out to Mr. Bodin beliefs he held about what transpired in the case were not correct. In the four conversations I had with Mr. Bodin, at no time did he ask whether the judge disclosed her association with Mr. Ciolino as required by law. Had Mr. Bodin asked that question, I would have told him exactly what Dane Ciolino related to you in his email below. The disclosure was made by the judge and each of the attorneys said there was no problem, and no motion to recuse was filed."
Moore said he had not seen any information regarding the disclosure in the court documents at the time of the interview. He said it is now a waiting game for the civil case.
"I'm assuming they're going to ask for a new trial, a different judge obviously, and sanctions," Moore said.
Moore added court proceedings will be investigated to see if charges against Braud need to be refiled.
"Do we go back to a grand jury? Do we file formal charges? Do we wait to see what happens? I don't even have a transcript of the hearing which I would like to get to find out why she made the determination that she made and see if we have enough to go forward or not, despite what we have before us," Moore said.
The 1st Circuit Court of Appeal on Wednesday denied the stay and writ requested in this case. Judges said they were limited in what they could review and directed the parties to return to the District Court level in Baton Rouge.
WBRZ reached out to Beth Claybourn and her attorney, who said he was not going to comment on the matter.
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