Elder abuse now considered a felony in Minnesota

As a social worker in Blue Earth County for 23 years, Audrey Splinter can only remember one instance of abuse against an elderly or vulnerable adult that had to be reported. 

A neighbor was attempting to take financial advantage of an elderly woman by buying her property at an unfairly low price. 

Once the report was made, the case was turned over to the district attorney and was settled without any criminal charges.

The neighbor received no serious repercussions for his acts because until recently, crimes against elder and vulnerable adults were considered misdemeanors under Minnesota law. 

Harbir Kaur, Elder Victim Services Coordinator at the Tubman Elder Care and Rights Center, said her organization was one of 52 involved in the Vulnerable Adult Justice Project, which lobbied the Minnesota State legislature to approve a bill, that would make abuse against elder or vulnerable adults a felony in the state of Minnesota. 

The bill, which was supported by Governor Mark Dayton, passed earlier this month. Now those convicted of intentionally abusing elder or vulnerable adults could face a maximum penalty of 10 years in prison and a $10,000 fine.

Changing how Minnesota handles abuse cases is only one step in protecting elder and vulnerable adults. There needs to be education in place to inform these adults of their rights and how to report inappropriate behavior, as well, Kaur said. 

A 1998 National Elder Abuse Incidence Study said only about one in every five cases of abuse against elder or vulnerable adults is reported. Reporting abuse can be intimidating for an elder or a vulnerable adult Kaur said.

"One of their fears is that because they're getting the care, they don't want to report abuse and risk retaliation," Kaur said. "But they're dealing with that ongoing abuse."

At times, elder and vulnerable adults are also unaware of whom to contact to report abuse. 

"It's amazing. I go to the nursing homes and sometimes the resident don't know who to call if anything inappropriate is happening to them," Kaur said.

Through a grant from the Area on Aging, Kaur visits nursing homes and care facilities to educate the residents and their family members about their rights and how to report inappropriate activity. Kaur tries to empower the elder and vulnerable adults to protect themselves. Instances of abuse can be reported to a care facility ombudsman but can also be reported to family members, staff or social workers she said. 

Kaur will speak at a co-sponsored Minnesota State University, Mankato and South Central College extended learning course on May 11 about the prevention of abuse and neglect of vulnerable adults. She said the more people who are educated about elder abuse would increase protection of that population.   

"The wellness, the education, the laws, if they're strong then hopefully it will be prevented because everybody will know what the red flags are, what the warning signs are," Kaur said.

Jean Clarke, coordinator of continuing education at MSU, said there is no connection between the extending learning course and the new penalties for elder abuse in Minnesota, but that the topic seemed relevant for the area. 

"We scheduled this course before the new legislation was passed, but it was in response to the number of cases we saw were being brought into the media in Minnesota," Clarke said. "We also felt it as important as we heard from a number of people in the community that there were issues at assisted living and nursing homes in Mankato that did not make the press."

Prevalence

According to the NCEA, there are no national statistics to track and record abuse of elder and vulnerable adults because states lack uniform reporting systems, and some define elder abuse differently.

But, estimates by Elder Assistance Daily report around 11 percent of all Minnesotans age 60 and older are victims of some form of abuse.  It's "absolutely" a problem in Minnesota, Kaur said.

But as the baby boomer generation grows older, Kaur says it's hard to predict if the state will see more cases of elder abuse.

"I think there are many things to look for, like who has the power and control over another person, who is maintaining that control to abuse them, what is the motivation behind it," Kaur said.

As with the case between the elderly woman and her neighbor, Splinter said most abuse against elder and vulnerable adults that she saw in the area was financial exploitation. She also said she came across questionable cases of children taking their parent's social security checks and using the money for their own gain. 

Yet, when financial exploitation and abuse is involved, "most of the times things get resolved without charges being brought." Splinter said. "It has to be really nasty to charge somebody. Usually if they're reported and a vulnerable adult worker or a lawyer gets involved there is a compromise worked out or changes made."

Financial abuse is one of the seven forms of abuse against elder and vulnerable adults according to Kaur. Other forms of abuse include physical, emotional and sexual abuse, neglect, isolation and abandonment. 

Lessons Learned

Nov. 11, 2000, featured a mild November evening, and I was 15 years old as I rode in my sister Quinn's car to a friend's house for a sleepover. Quinn's boyfriend Pat claimed the passenger seat, and I happily spread out in the back. The sun just dipped below the trees and I drank in what was left of the beautiful orange haze it had left behind. We were less than two miles from our destination, entering the first severe turn of the S-curve on Pleasant Valley Road, when I saw it. A car was overturned in the tall brush on the side of the road. The engine was still steaming. I screamed. 

Quinn and Pat saw it too. We quickly turned the car around to help, parking on a portion of a dirt road split by the curve. Pat and I sprang from the car and ran out into weeds, that whipped at our legs and left our jeans wet with dew. Quinn rushed to another car that had arrived on the scene to call 911. 

Nearly dark now, in the distance I could see a figure pacing back and forth in the fog of the new dusk. I called out, asking if anyone needed help. A man's cold reply followed. "No. Everything's fine," he said. 

Then after a long pause he asked, "Do you know how to take a pulse?" 

The man, who I later found out was named Peter, but called Pedro by close friends, was clearly in a panic now. I ran toward him as my brain tried to work through the first aid and CPR training I had received in my high school health class. 

I gasped when I saw his body. Josh lay seemingly lifeless on the ground. He had been thrown from the car when it rolled. His head was tilted back and a stream of blood leaked from his eye. I could tell he had a strong build underneath the heather gray sweatshirt, baggy jeans and work boots he wore. But in this moment he was weak. I put my fingers to his neck and found a faint pulse. My touch had given a shock to Josh's system and he started to breathe when I pulled my hand away. His chest convulsed with each breath as he struggled to survive.

Peter tried to comfort his friend and asked me to do the same. I told Josh he was going to be Okay. More people from other cars who had stopped to help surrounded him, covering him in blankets for warmth and praying for his recovery. I hadn't even noticed the drop in temperature. I was still in shock when the paramedics arrived. I stepped away to give the EMTs space as they worked to save Josh. The gravity of what had happened hit me hard when I saw the wreckage. Beer bottles, broken CDs and shattered window glass covered the ground. I broke down and Pat hugged me.

We set off to find my sister in all the chaos. People were everywhere. A mix of onlookers, police and medical staff scurried around us. Traffic on Pleasant Valley Road had slowed to a crawl as officers tried to direct cars away from the accident scene. The night was pitch black but it looked bright as day around the wreckage. Road flares, bright headlights and flashlights lit up the area. We found Quinn standing near a police officer and a man who was sitting on the ground with his legs straight out in front of him. 

The man had a large, deep gash on his chin. His skin pulled away from the bone and hung down as blood dripped off of it. He was wearing a heavy plaid flannel shirt and jeans, which were soaked in fresh urine, and he exasperatedly said he couldn’t feel his legs. I instantly knew this man had been the driver of the smashed, black Pontiac. I listened as the police officer questioned him and rescue workers attempted to bandage his face. His name was Brian, and he and his two passengers, Peter and Josh, were only 22 and 23 years old. He claimed he had only had about five beers and lost control of the car when he swerved to avoid hitting another driver that had crossed the centerline on the sharp turn. I could tell by the officer’s tone he didn’t believe Brian’s story and neither did I. He had to be drunk. Brian kept asking about his friend Josh. He wanted to know he was okay, that he hadn’t hurt his friend. I couldn’t look at him.

A police officer asked Quinn, Pat and me to stay for questioning since we were the first on the scene. There wasn’t much to tell though, as we hadn’t actually seen the accident occur. By the time we got back into Quinn’s car, Josh had been put in an ambulance and whisked off to the nearest hospital. That night, 22-year-old Joshua R. Burton passed away. Yet, more than one life was forever changed that night. I imagine friends and family of Brian, Josh and Peter as well as random strangers like me who happened to be in the right place at the right time will always remember Nov. 11, 2000. And though we all may remember it a little bit differently, the important thing is that we remember.

Chronicle is more of the same old story

First time director Josh Trank's Chronicle attempts to dazzle viewers with super human powers but falls short with typical teenage friendship flick clichés.

Despite the lack of a creative story line, silver screen new comers Dane DeHaan, Alex Russel and Michael B. Jordan are able to distract viewers from obviously recycled plot twists and deliver solid performances.

The film -- made to appear as though it was a first hand account of true events captured on a held hand camera (think "The Blair Witch Project") -- tries to sell believability with impressive CGI but fails to overcome gaping holes in the story line.

In "Chronicle" the son of an alcoholic father and dying mother, high school outcast Andrew Detmer (DeHaan), begins filming his miserable life with a camera.

Dragged to a party by his cousin Matt Garetty (Russel), Detmer is uncomfortable and embarrassed and retreats outside to be alone. Shortly after, Garetty finds him and convinces Detmer to follow him into the woods to film something. In the woods Garetty and Detmer join popular kid Steve Washington (Jordan), who is standing above the entrance to an underground cave.

Inside the cave the boys find a mysterious glowing rock and are knocked unconscious by a powerful force. We see the trio again several days later experimenting with their newfound telekinesis abilities, which causes sporadic and unexplained nosebleeds that offer little relevance to the plot.

Attempts to uncover the source of their new abilities prove as useless to them as it does to the film's story line as the friends discover the entrance to the cave has been strangely filled.

In true clichéd fashion the boys form an unlikely friendship thanks to their new powers and continue to experiment with and eventually abuse them. Outcast Detmer uses his powers to gain popularity, which backfires in his face, and he spins out of control.

When the film is over viewers are left with a feeling of deja vu, as it seems Max Landis' screenplay does little more than mash together the plots of popular films about teenage angst and mischief.

Chronicle is far from fresh. If you're looking for creativity, this is one to skip.

Prices soar for movie munchies

I love movies. So much, in fact, that I’d guess about half of my brain is devoted to lines from my favorites. But with my busy schedule being a full-time student with two part-time jobs and a handy Netflix subscription, I hardly ever see new releases in the theater. So it was a treat when my boyfriend told me he’d be taking me to see the new movie Chronicle as an early Valentine’s Day present this weekend.

Aside from seeing an actual film at the theater, my favorite part of the experience is the deliciously buttery popcorn. It has to be among the least healthy foods on the planet, so we try not to indulge ourselves often. But since this was a special occasion, when I asked my boyfriend if we could have some popcorn, he happily obliged.

My mouth was watering when we opened the theater doors and the sweet smell of freshly popped popcorn filled the air. It called to me. “Eat me. Love me,” it whispered. I was giddy. That was until I saw the prices.

Now, maybe it’s because I don’t frequent movie theaters enough and seldom stop at the concession stand, but when I saw that a small bag of popcorn at the theater cost $6, I nearly fainted.

Six whole dollars. That’s six bucks, six greenbacks, half a dozen clams, or what people making minimum wage earn in roughly an hour. That $6 for popcorn equates to a 1,275 percent markup according to Yahoo! Finance.

I understand that theaters are facing higher costs from studios to run movies, and the movie industry is trying to offset lost revenue from online piracy, but something has got to give.

Consumers already sent the movie industry a message when they banded together to successfully thwart the Stop Online Piracy and Protect Intellectual Property acts from passing last month. Perhaps industry leaders don’t realize that high costs passed on to consumers are one of the causes of online piracy.

One of the problems may be that there is no system set up to track rising concession prices. The Motion Picture Association of America and the National Theater Owners Association both record average ticket costs from year-to-year, but ignore concession prices completely. Without cost comparisons, consumers may feel intimidated to take a stand on the issue.

As for my boyfriend and me, we still bought the popcorn. But from now on I think we’ll skip the pricy theater and snuggle up at home with our Netflix subscription instead.

Pitts' effective argument

In his column “Boo! A scary word for bigots,” Leonard Pitts Jr. uses a college crowd’s reaction during presidential candidate Rick Santorum’s visit to expose how out of touch the nominee is with the youth of America and the progress they represent.

Pitts writes in a tone of voice that is friendly yet knowledgeable. He writes on behalf of Americans under 30 years old but does not pretend to walk among them. He writes for progress and against the social conservative views that Santorum represent.

Pitts uses quotes from Santorum’s appearance where when questioned about his position on gay marriage he expressed its legalization would lead to even worse things like the legalization of polygamy, a scare tactic often used by opponents of marriage equality. However, Pitts points out that polygamy is a choice, while being gay is a biological determinant and goes on to say Santorum acted surprised that the issue would be brought up among a college-aged crowd.

Historical patterns, Pitts argues, can be seen in social conservatism. Pitts reminds readers of past discrimination toward Jews and African Americans by social conservatives in our country. He reminds us that each time change comes and freedoms are won. The world keeps turning despite social conservatives efforts to stop us in our tracks.

Additionally, Pitt cites a survey by the Pew Research Center that shows support for gay marriage is on the rise among people under age 32, with 53 percent in favor and only 39 percent opposed. This contradicts what Pitt calls Santorum’s idea that children will grow out of their foolishness, an idea Meghan McCain, blogger and daughter of former Republican presidential nominee John McCain, called “gross” and “dated.”

To end the column Pitts brings up other dated ideas like women not working outside of their homes and Jews being banned from country clubs and claims the idea of same sex couples not being able to marry will one day be a dated idea too.

Overall, I think Pitts was persuasive without being pushy. He described a social trend of change that has happened throughout history, a trend that Pitts says will inevitably happen again in the case of marriage equality.

MNSU Smoking Ban Needs Revision

When Brittney Hedges returned to Minnesota State University’s campus for the spring semester, she took a deep sigh of relief and breathed in clean air. The relief she felt was due to the school’s new tobacco and smoke-free policy, which went into effect on Jan. 1 and bans all tobacco use on campus.

Hedges’ relief, however, faded in the following weeks when she realized that the policy, which relies on student enforcement, was unsuccessful and intimidating. Many students were still smoking outside of high-traffic buildings on campus.

The university policy regarding policing the ban states “all members of the campus community are empowered and encouraged to approach and advise violators in a non-confrontational manner.” However, this peer-to-peer enforcement puts well-meaning students like Hedges in uncomfortable situations.

And it isn’t just the non-smokers who are feeling uncomfortable. Holly Theobald, a regular smoker, has been adhering to the new policy and walking to nearby campus dorms – which don’t go tobacco free until this summer -- for her nicotine fix. Even though she is following the rules, she said she’s unlikely to approach anyone else who isn’t.

Issues about how to enforce a smoking ban on campus caused the university to reject the proposal in 2008. In an interview with the Reporter, the then Minnesota State Student Association President, Ryan Anderson, explained that cultural matters would stop students from taking action.

"In our polite Minnesotan society, not many people want to be the one to tell someone to stop smoking,” Anderson said. “We hope not to legislate common courtesy."

Now, four years later, that same ban requiring peer-to-peer enforcement is in place. The University may have intended for the ban to protect students and promote healthy lifestyles, but the ban is clearly being ignored. The enforcement policy should have been revised when officials tabled the issue in 2008, as it has proved ineffective.

If the University truly wants to protect students’ health the smoking policy must be revised. An amendment to the policy touting disciplinary action and fine implementation is necessary for the ban to succeed. But more importantly, university officials should enforce the policy.

Literary Journalism: a definition

I suppose one could say that every news article tells a story. Traditional reporting is straight forward. Articles answer the who's, whats and whens in a matter of fact way. Literary journalism, however, is a thing of beauty. Written like a novel, these articles draw the reader into the scene, introduce the characters and tell the story as it happened. The writers use creative, fictional writing techniques but include only real factual information.