James and Judith Thompson exploited a vulnerable older woman named Shirley Crawford by stealing all of her money to the tune of about $500,000. They also made a videotape of Ms. Crawford reading a declaration they had written for her in which Ms. Crawford claimed that she was aware that they had taken her money and they approved it. This was done on the eve of a hearing to appoint a guardian for Ms. Crawford.
The Thompsons were convicted of theft and witness tampering because they coerced an elderly woman with dementia to agree to testify that it was her desire to turn over all of her assets (less the $17 left in her estate) to them. The Court of Appeals affirmed, holding that there was sufficient evidence that Ms. Crawford suffered from dementia and lacked the capacity to sign the two powers of attorney she executed or “testify” on the videotape regarding her intentions and that the Thompsons knew it.
The Court of Appeals also determined on the state’s cross appeal, that the Thompsons were required to pay a $100 DNA collection fee under a 2008 statute making payment of the fee mandatory “regardless of hardship.”
