Jury returns not guilty verdict in case against Payson doctor
Dr. Michael Paul Lowe, 42, of Payson, facing one count of unlawfully taking control of property belonging to the late Alicia Christopherson, was found not guilty Tuesday, Nov. 15 in Gila County Superior Court in Payson.
Christopherson, described by the state as a vulnerable adult, was befriended by Lowe and his wife at the time, Heather Driscoll-Lowe, and signed over her property to him, valued at more than $25,000, before her death.
The state alleged that between June 2003 and March 2008 Lowe was in a position of trust and confidence with Christopherson and unlawfully took control of property and assets belonging to her, a charge the jury dismissed in their decision late Tuesday afternoon after a trial that lasted more than two weeks.
Lowe's ex-wife, Driscoll-Lowe, is scheduled to appear in court on March 20, and also faces charges of unlawfully taking control of property belonging to Christopherson, a class 2 felony. Driscoll-Lowe will appear for a pretrial conference in Gila County Superior Court in Payson on Dec. 12.
Dr. Michael Paul Lowe, 42, of Payson, facing one count of unlawfully taking control of property belonging to the late Alicia Christopherson, was found not guilty Tuesday, Nov. 15 in Gila County Superior Court in Payson.
Christopherson, described by the state as a vulnerable adult, was befriended by Lowe and his wife at the time, Heather Driscoll-Lowe, and signed over her property to him, valued at more than $25,000, before her death.
The state alleged that between June 2003 and March 2008 Lowe was in a position of trust and confidence with Christopherson and unlawfully took control of property and assets belonging to her, a charge the jury dismissed in their decision late Tuesday afternoon after a trial that lasted more than two weeks.
Lowe's ex-wife, Driscoll-Lowe, is scheduled to appear in court on March 20, and also faces charges of unlawfully taking control of property belonging to Christopherson, a class 2 felony. Driscoll-Lowe will appear for a pretrial conference in Gila County Superior Court in Payson on Dec. 12.
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After reading the following article Titled; "Police chief looking at way Lowe evidence was handled"
ReplyDeleteI was left with a lingering question for myself. Which is; If Detective McArnerny found a third version of the Sixth Admendment to the Will" as stated, & that "the validity of the document was not in question", a full "Several Months" before the criminal trial commenced, as quoted from the recent Payson Roundup article on Dec. 27 2011. Why wasn't this case immediately Dismissed w/Prejudice? Why was it allowed to move forward wasting precious taxpayer funds on a needless trial? What kind of Justice does this represent to the residents of Gila County & do they find it appropriate?
This was a very high profile case with a very popular Dr. who has earned a good name, doing Good!I am concerned about how many other "unknowns" who may have, or had, cases improperly investigated like this, that the PPD & GCAO have just let continue forward & in doing so, knowingly let innocent citizens, go to jail, or agree to making desperate plea deals, out of some hope for leanency by the prosecutor & court. How many other "VICTIMS" are there like Dr. Lowe in our community, who may not have had the courage which Dr. Lowe exhibited? To literally take The Stand, & put it all on the line fighting the lies, misrepresentations & false allegations; of a Corrupt investigation by Police Dept. that has been allowed to go miserably awry.
How proud can we really be of the Gila County Prosecutors Office which didn't seek Justice, but instead merely a conviction or win! Prosecutorial wins, with these tactics are disgusting & most importantly an Innocent man almost lost it all!
As also noted in the article is the fact, of recent troubling diciplinary problems among the PPD's various S.E.R.T unit members, & Patrol Officers. To such a point that Chief of Police has begun working Patrol shifts & started his own adminisrtative investgation of his Dept's personell to clean house at a already "dwindling dept."
In light of all of this, does the community still feel safe? Are their other actions beside letting the Police investigate themselves that the citizens or Town Council of Payson should be doing to protect the innocent among us from false charges & corrupt practices?? Like maybe ask the AZ DPS or FBI to investigate the matter more closely, or see what the AZ POST recommends after an independent investigtion??
a Very Concerned Citizen
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Police chief looking at way Lowe evidence was handled
By Alexis Bechman
December 27, 2011
http://www.paysonroundup.com/news/2011/dec/27/police-chief-looking-way-lowe-evidence-was-handled/
"McArnerny found the third version of the sixth amendment of the will several months before the trial started, Cooper said.
McArnerny was getting ready to send documents for handwriting analysis, when he found a black file folder among the paperwork, she said. McArnerny later told Cooper he had never seen the folder before.
The black file folder contained a third copy of the will leaving everything to Lowe, this one dated July 3, 2003, but also notarized, Cooper said.
McArnerny notified the prosecution’s office shortly after finding the file folder and had the contents scanned. Cooper then notified Flynn.
“McArnerny was very detailed and thorough about the collection of evidence,” Cooper said. “It was clear to everyone that that evidence was not in his possession before.”
Currently, police do not know how the folder ended up with the evidence or how McArnerny missed it for so long, Engler said.
During the trial, the jury saw all versions of the sixth amendment, including the July 3, 2003 form. The validity of this document is not in question."