No Contest, Guilty Pleas Close Case of Abusing the Elderly

In 1987, Anna P. Knost found herself in a situation faced by many elderly people. According to court records, the 87-year-old woman’s health was declining, her husband had died, and no other relatives could care for her.

So the widow employed a woman and her son to see to her needs and share her home on Calle Mayo.

In June, prosecutors filed criminal charges against the two caretakers under a 1985 state law aimed at halting abuse of the elderly. It made news because the charges were a first in Orange County.

The landmark case was closed Tuesday when Jacqueline Anderson, 40, also of San Clemente, pleaded no contest in Municipal Court to two counts of abusing the elderly. Anderson also agreed to pay $10,000 in restitution to Knost, Deputy Dist. Atty. Jim Tanizaki said.

Anderson faces a March 30 sentencing. Tanizaki said she will probably not have to serve time in jail if she pays the $10,000 promptly.

On Nov. 8, Anderson’s 22-year-old son, Kevin Prescott, pleaded guilty to a misdemeanor charge of neglect. He was ordered to pay restitution to Knost and placed on probation.

The case never reached a formal trial, so the defendants’ version of events have not been made public. In court documents, however, prosecutors filed a striking description of the allegations.

After a five-month investigation last summer, the district attorney’s office charged that Anderson and Prescott had bilked and swindled Knost out of $10,000. The documents said that Anderson also convinced the elderly woman that her money was almost exhausted and that she should therefore sell her house.

Knost did so, selling it to Anderson at a price below market value, according to prosecutors.

This week, Tanizaki said, the house sale was revoked after the case was investigated. So Knost still has title to her San Clemente home.

“Our opinion based on the evidence was that Anderson used her position of trust and the friendship she developed with Knost to persuade her to do these things,” Tanizaki said. “Anna was unable to make these kinds of complex financial decisions.”

In the court records, Dist. Atty.’s Investigator Kenneth Jones stated: “Both Anderson and Prescott were in positions of trust and had developed it to the point that they were able to have Knost sign papers and checks without her reading them.”

Jones, who led the investigation, also alleged that the two caretakers had so neglected Knost’s health that her life was in danger.

“Knost was not eating, was unbathed, wore dirty clothes and was being left unattended for long periods of time,” Jones said in the documents.

Jones alleged that Knost’s doctor had recommended Anderson, even though Anderson is not a state-licensed caretaker. Anderson then moved in with the widow and persuaded her to give Anderson joint-check-writing authority, the court records said.

According to Tanizaki, from October, 1987 to October, 1988, Anderson also sold $10,000 worth of Knost’s stock and kept the money.

Ultimately, Knost became afraid of Anderson, according to records. At this point, Knost hired Anderson’s son, Prescott, even though he also lacked a state caretaker’s license.

The court record said Knost’s life became no better under the new arrangement. Prosecutors alleged that Prescott often left the widow alone and allowed her and her house to become filthy.

Despite her frail health, Jones said in his investigation report, Knost has a competent mind. But he said the woman is unable to handle her finances and was therefore easily duped by Anderson and her son.

Knost did not realize that papers she signed transferred ownership of her home to Anderson, he said.

Knost “trusted both of these people,” Jones said in his report, “and did not feel they would take advantage of her.”