Lawyer charged

JOURNAL STAFF WRITERS

FLINT - Investigators dug up $96,000 in cash buried in the backyard of a lawyer suspected of bilking upward of a half-million dollars from vulnerable clients.

Shannon H. Pitcher, 35, of Saginaw was arraigned Monday in Flint District Court on four counts of embezzlement from a vulnerable adult.

Among the alleged victims is 90-year-old General Motors retiree Elvin D. Brittain of Lennon, who trusted Pitcher to oversee his finances before he died last year.

An attorney for Brittain's son said there is now $286,000 unaccounted for in accounts Pitcher oversaw.

"We still don't have all the records," said Flint attorney Margaret Brandenburg, adding that Brittain had expressed concerns about Pitcher before he died. "His nursing home bill went unpaid for three months."

Earlier this year, Pitcher spent nearly 40 hours chained to a jail bench after she was held in contempt of court for failing to turn over some of Brittain's financial records.

But police and prosecutors believe Brittain isn't the only one who lost money.

Officials believe that over the past five years, Pitcher mishandled the accounts of four people, including Brittain, ages 17, 43, 90 and 93, whom Genesee County probate judges had deemed incapable of managing their own finances.

Judges alerted law enforcement to potential wrongdoing after Pitcher failed to file important documents relating to financial records.

In October, questions over Pitcher's withdrawal of $100,000 from a Saginaw bank resulted in authorities freezing $144,000 in other accounts to which she had access, said Genesee County Prosecutor David S. Leyton.

Genesee County sheriff's investigators raided Pitcher's office and found hundreds of checkbooks on her desk, said Sheriff Robert J. Pickell.

During the investigation, Pitcher told authorities about the cash in her backyard, Pickell said.

Pickell said police believe Pitcher may have used some of the missing money for travel, but said police don't know where much of the money went.

The accounts of the four alleged victims had been "pretty much drained," said Pickell.

An investigation is continuing to determine which of the withdrawals and financial dealings done by Pitcher were legitimate and which were not, Leyton said.

The families of the alleged victims are not just upset about the loss of money, but something much more dear, Leyton said.

"They don't know what health needs were ignored," Leyton said. "The families are devastated - would the family members have gotten better medical care?"

On Monday, Flint District Judge Nathaniel C. Perry III ordered Pitcher to immediately stop practicing law until the criminal case is resolved.

The state Attorney Discipline Board said Pitcher has not been disciplined during her 10-year law career.

Several grievances, however, have been filed against her with the state Attorney Grievance Commission for alleged misconduct related to the embezzlement investigation.

Pitcher is free on $100,000 personal bond.

She wiped away tears at her arraignment and her attorney, David S. Grant, said she is "totally distraught" over the charges.

Each of the felony embezzlement charges carries a maximum 10-year prison sentence and could result in a fine of up to $15,000 or an order to repay up to three times the amount taken.

The family of one of Pitcher's alleged victims may get some of the money back regardless of what happens in court.

Genesee Probate Judge Jennie Barkey on Monday ordered a bonding company for Pitcher to pay $250,000, but agreed to hold the order in abeyance for 60 days so the company can review the facts.

"The Brittain family has been through enough," Barkey said. "We have to bring some closure to this."

Pitcher was appointed conservator in the case in early 2003, court records indicate.

Independent conservators are appointed to oversee the finances of someone when family members can't agree on how to do that.

Conservators are required to file annual accountings with the court, but attorneys don't have to verify expenses unless they are asked, said Flint lawyer Craig Wright.

Usually, they are required to be bonded, he said.

"There are some pretty clear rules of thumb about what you can do and not do without court approval," Wright said.

"The reason this hasn't happened before in Genesee County is because we have one of the better probate court systems. It has happened in some other, bigger counties."

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© 2006 Flint Journal. Used with permission