THE ALLEGED ABDUCTION OF CLARA G FERNANDEZ

          November of 2003, Raul had Clara take her house out of her trust and deed half of it to himself.   ---   Taking everything he could was exactly what he was there for, first the line of credit on the house and, in November of 2003, he had her take the house out of her trust and deed half of it to him.  These are the facts.

          September 25, 2004 Clara received her first correspondence from Raul, other than the phone calls, since she left Key West.  It is a ‘disturbing’ “Farewell” letter.  Everything in it is either a lie, or a half truth, designed to emotionally browbeat Clara into reacting emotionally.  It achieved Raul's objective, as it upset her very much.  There had been many phone calls between Clara and Raul before she received this letter, but the tone and content of his calls were becoming very nasty and upsetting to her.  Although she was able to discern fact from fiction, this letter caused her much emotional grief, causing her to question if her actions had actually caused all the mayhem Raul claims it did.

- Letter from Raul to Clara shows hate and confusion

On October 27, 2004 at 11:02am a report was filed with Florida Adult Protective Services Hotline stating that on September 1, 2004 the youngest son, Raul Fernandez had uttered a forged document using a scanned signature of  his Mother in a Letter of Instruction to Financial Data Services Inc., located in Jacksonville Florida, and sent it by mail.  He had requested the liquidation of $25,000 that was in her Trust and held by Merrill Lynch.  As well, it was reported that on October 1, of 2004 he had made an attempt to liquidate another $15,000 using the identical scanned signature, in a second Letter of Instruction sent to Financial Data Services Inc.. The second Letter of Instruction was not honored because when Clara found out about the liquation of the first $25,000 she placed a Medallion Signature Guarantee on that account, as well as on her Line of Credit on her house in Key West.  Copies of the forged signatures were provided to the agency.

On October 28, 2004 after Adult Protective Service contacted Raul on the issue of forgery and other related issues. He then repeated the story about the abduction of his mother in a complaint he then made to Adult Protective Services Hotline on that day -- October 28th of 2004 -- after he knew he had been "caught".   He complained that Al had abducted his mother from her Key West home and would not let her leave.  The fact that the alleged abduction would have taken place on August 21st of 2004, and the first complaint was not filed until October 28, of 2004 would lead one to believe that something is very wrong with his scenario. 

        The first problem with Raul’s scenario is that he wants us to believe that his Mother, an 87-yr-old woman, was abducted from her home in Key West and was being held against her will, and he waits 86 days to report the crime.  From there his accusations go from unbelievable to absurd.

Raul’s second problem is that it would also be pretty hard to believe that as many communications that took place during that time period, if abduction had actually taken place, the subject of abduction would have been mentioned, yet it wasn’t.

          It appears that Clara may have had a stroke that caused her fall.  She was under allot of stress due to the fact that the only reason that we were in Key West was because she was served a summons to appear in a hearing pertaining to the divorce lawsuit that Raul instigated against her.  The hearing was set for November 18, 2004 at the Monroe County Courthouse Annex in Key West.  Her fall happened the day before the hearing was to take place.

Clara's is not eligible for Medicaid and her Medicare benefits run out after 100 days, her house was Quit claim deeded over to the perpetrators, and the once financial independent elder is now dependent on the mercy of relatives and government benefits.

Whose house is it?  He makes it sound as if he has no idea.  Is it his house, Clara's house, Al's house?  This shows Raul's real lack of reality and lack of ability to differentiate fact from fiction.  In November of 2003, Raul had Clara take her home out of her Trust and deed half of it to him, now that's reality.

This web site is in reaction to the site called  http://elder-abuse-cyberray.blogspot.com/ and     http://blog.elderabusehelp.com/ .  These two sights are just a cover-up to try and hide his own acts of Elder Abuse shows the extent that he will go to achieve he goal.

          The content of my site consist of facts that will be labeled as such along with the evidence to back up the claims.  In addition to the evidence, my own personal observations will be presented here and labeled as such. 

          I personally believe that crimes have been committed against Clara Fernandez as well as against the Courts of Palm Beach County and against the Courts of Monroe County.  It is not my intention to libel or slander anyone.  I cannot personally label anyone as a criminal.  That is up to the Courts.  I believe that I am providing evidence for you to come up with your own conclusions.

          When an elderly person ends up with life threatening injuries, one would expect the eye witness which in this case was the care giver and son, to give an accurate account of the event.  Raul was that person.  Here are four of his published statements as to the reason Clara ended up with a broken hip and the need for brain surgery.  I added a possible fifth reason that is plausible. 

I started monitoring and backing up Raul’s site from the time I first found it.  What I find to be of utmost importance is the things that Raul states as fact and of much importance, and then it disappears, replaced with a very different version of the same event.  For instance, Raul’s explanation early on of why Clara was in the hospital was as follows.

Why Clara was in the hospital with a broken hip and head injuries
(according Raul)

Reason #1: - NOTE:  This is one of Raul's statement on his web site as to why Clara has a broken hip and needed brain surgery.   It appears that Raul has already forgotten about  the articles he previously wrote.  Reason #2: Is it because Clara tried to commit suicide in November of 2006 by jumping out of a truck, and Reason #3: because she was kidnapped, drugged, raped and left for dead with broken bones and had her head smashed in August of 2005 and Reason #4: Because of Withholding of Medication Resulting in Broken Hip in November of 2004.  and Reason #5: Raul wishes Clara dead?   Again, I urge you to research Psychosis, Narcissistic Personality Disorder and Pathological Liar.   Yet the most frightening thing is that it is quite possible that Raul believes that his stories are factual, as twisted and ever-changing as they are.  That is what makes him a danger to his mother Clara, as well as society in general.

According to Raul:

Clara on November 17Th 2004, almost three months after she was abducted from her home in Key West and after her near fatal fall.

          Before her abduction, Clara lived happily in her well equipped home designed to meet her handicap needs. She was being lovingly cared for and enjoyed nutritious meals according to her special dietary needs and was under 24 hour supervision.  After being abducted, Clara was left alone in a motel room while her handlers left her heavily sedated.  Clara, left to her own devise, decided to take a shower without assistance. Clara fell in the bathroom and hit her head on the porcelain tub. She was found later by her handlers and was taken to the E.R. in Key West.  Her injuries were so critical that she then had to be air-lifted to Jackson Memorial Hospital's Trauma Center in Miami, Florida to undergo emergency neurosurgery.  The result of that fall indeed rendered her "totally incapacitated". Again, another 'CASE OF NEGLECT' involving the elderly.

NOTE: Clara's fall while trying to get out of the bathtub occurred in November of 2004, not only was she not heavily sedated, she was not found to have been sedated at all.  The sedation only occurred between Raul's ears. This fall did not result in a broken hip or require brain surgery and in no way related to her fall in 2006.  Clara's hospitalization was due to an event that accrued sometime in the month of December of 2006, not November of 2004 and occurred in Raul’s care and in his presence, not in Al's care as stated in Raul's Reason #1.

ADDITIONAL NOTE: Raul here is claiming that Clara was rendered "totally incapacitated" as of November 17th 2004.   On October 29, 2004, about one year earlier, Clara did a Revocation of Raul's Power of Attorney as a result of multiple forgeries Raul had committed against her,  resulting in $25,000 being liquidated from her trust and a month later attempted for another $15,000. In addition to this reason, Raul told Clara many lies pertaining to her finances and many other matters, most in writing, as well as sending her hate letters.  That was adequate reason for Clara to revocate his Power of Attorney.  By the time Raul got Clara back, Clara's incapacity left her unable to remember much of the past and Raul exploited this vulnerability Clara had.  He attempted to have Clara re-write her will and reassign here Power of Attorney to him.  Raul also had Clara sign a sworn statement at the Sheriff's Office that he had concocted saying that Al has abducted her and many other things.  In my opinion, this shows lack of regard for his mother's emotional well being and demonstrates to all what he is really made of.

Reason #2   

 According to Raul:

Clara wishes to join her sister in death,
rather than live without hope!

          The Hearing was set for Monday November 20th was a big disappointment for Clara, Her guardians attorney had failed to notify attorney Mr. Garcia and he had the motions approved by the Judge VACATED the following Monday.  We had been waiting since July of 2006 for this hearing which would pave the way for Clara's case to finally be heard 27 months after her abduction , that's 27 months after legal wrangling in 4 counties , and over $100,000 spent in legal fees for Claras defense. In her moments of lucidity Clara liked to ask many question such as why is the house in such dis-repair , I try to explain to her that the bank froze the money given by the insurance company for the repairs, due to the write offs in her credit during the time of her abduction and the repairs had to halted in order to have money for other things.  Clara asks why is her bed on the Florida Room floor and not in her  freshly painted room again we try to explain how we lack money for even basic necessities, like food , medications, and medical services like physical therapy that medicare does not cover.  It's hard to admit that after Clara spent a small fortune in legal fees we  are in the same place we were back in July , still waiting for a hearing with Judge Payne to be able to air her case and finally be step closer to closure.  Instead of hope , a black cloud came over us after that hearing on November Monday 20th .. it's ironic that the next several days mail came full of envelopes from Garcia , addressed to Clara, to Raul in an redundancy of service , stressing the fact that the hearing was vacated. Judy became very depressed at this turn of events and this in turn affected everyone, Raul became agitated including Clara who became extremely depressed and said she did not have a reason to live and wished to join her sister Olga, and Dr. Fernandez her husband , in death .

Clara takes off seat belt and plunges herself
onto the pavement, without warning!

          Clara seems very receptive to changes in our attitude after the hearing that was held on Monday November 20th. The disappointment of having waited so long, only to have it vacated was intense and overbearing, Judy had been ill since, and Raul had been distraught, in that Clara's day in court was made a mockery of once again. A Black cloud seem to envelop us, we got up early to take Clara to Dr Kaplitz, her neurosurgeon who remarked how much better she looked and how well taken care of she was.   Suddenly and un-expectedly Clara had managed to work loose her seat belt, something she had not been able to do before, and open the door and bolt out , gravity taking over and Clara falling into a rumple mess on the concrete breaking a hip and suffering a concussion.  Paramedics were right there and in mobilized her and she was rushed to the ER.  In the ER We found she had broken bones preparations were underway for surgery, when the results of brain scanned indicated there was bleeding inside the cranial cavity. Arrangements were being made to rush her to the nearest neurosurgeons in Miami, but no one is eager to take a 88 year old with multile injuries , so we set in for long nite in the ER.  Almost , when we were ready to give up , the good news that Jackson Memorial in Miami had agreed to take her, so preparations begun for a Helicopter Ride.  It is very frustating when no one feels the urgency of the time frame for which this needs to be resolved for Clara to have peace and to know that her money will be there to take care of her needs and feel relieve from the pressure of never ending court battles , demanding investigations, questioning by authorities, pending on public services, because her assets were taken from her illegally and she has used up all her savings , what ever portion was not taken from her , to fund her never ending legal battle with the thugs that abused her.

          First off, who's idea was it to have the hearing without notification of apposing representation?   Was it an accident or done on purpose as to having only one side heard in order to make it easier to lie to the courts without any opposition.  The best I can make out of Raul’s website, this action with The Anderson Firm cost Clara somewhere around $15,000.

          After examining the invoices presented to Angela McClain by The Anderson Firm, it is obvious that from the beginning Raul was running the show, and Angela was not much more than a tool Raul used to put some weight behind his lies and deception. Angela was unable or unwilling to examine the merits of Raul’s accusations no matter how hard Al and I tried to get through to her.  Angela’s actions in no way or at any time showed any resemblance of impartial behavior on her part as demanded by the courts.  It appears that she swallowed everything Raul told her without reservation or accountability.  In her mind, if Raul said it, she believed it, and that’s that, regardless of what evidence was presented to her to the contrary.   If Angela would have been an impartial party, she would have called Al and said, Raul said this and Raul said that, what's the scoop?   Raul's accusations could have been addressed and put to rest with one simple phone call.  With one phone call, and an open mind, her understanding of the case would have come into focus, and her ability to make sound decisions based on the actual facts would have empowered her to do right by Clara.  All we ever asked for and demanded by the courts was for Angela to be a neutral.    Examine all the facts, do not assume anything and add impartiality to the equation.  If she asked us a direct question, we will in turn give her a direct answer and back it up.

           Dr. Pena and Raul represented by the Fowler Law Firm, P.A. and Maria Bentancurt, P.A. in Key West, Monroe County set up a hearing for May 23rd of 2005.  Attorney Manuel Garcia (Al’s attorney) was given a ‘Notice of Hearing’ for Monday, May 23, 2005, at 3:30 p.m., whereas Preston Jennings, Laura Borguss, Nancy Kaplitz, M.D. and Angela McClain, all witness’s for Raul and Dr. Pena were served Subpoena duce Tecum for the Hearing dated for May 12, 2005 at 9:30 a.m..  These were served on or about May 12, 2005 to the named recipients.  I believe that the possibility exists that this was done on purpose in the hopes of having the hearing taking place without apposing representation to circumvent justice.  The cost of this?, I have no idea.

          Dr. Pena and his legal firm in Palm Beach County pulled the same stunt, not notifying apposing council of a hearing.  I believe this was done for the same purpose.   To conceal the facts.  Considering that all material statements were false would have made it unlikely that Judge Gary L. Vonhof would have signed his petition to remove Clara from Palm Beach County if proper representation would have been notified of the hearing, and facts brought out, and Dr. Manuel Pena made accountable of his actions.   According to Raul’s website, this stunt cost $21,475.   In addition to the financial harm done, these acts set the stage for Raul to continue with his psychological warfare against Clara as well as financial.  After Raul got Clara back, the Line of Credit got as high as $245,000.  Hopefully some day, Dr. Pena will be held accountable for his actions.

          This type of behavior is far from what I would consider fair play and would rarely be inducive to the rendering of informed decisions based on all the facts of the case by any Judge.  Far from the America dream of an impartial court system in any civilized society.  

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Reason #3:          

Now here is another version as to why Clara was in the hospital.  I found this on the net by searching “elder-abuse-cyberray”

The address is as follows.

http://neurotic-iraqi-wife.blogspot.com/2007/01/baghdad-money-making-machine.html

According to Raul:

Cyberray said...

Hello, Iraqi friends, everyday brings new challanges, never dull moment, it's getting that way here in the US . My moher was kidnapped for her money, she was druged and made to hand over all her ger life savings, properties, jewelry, all. then she was raped, and left for dead, when I rescued her with the police minus the money she had broken bones and her head was smashed, she still at the hospital . I have documented all here : http://elder-abuse-cyberray.blogspot.com/
I am asking all my friends to come by and hit on the site, this will help me get attention to the case the more hits the better, please help me on this, Maybe I can take police to take action and get some of her money back, which was my money she was safekeeping it for me) and I love to get these homegrown american terrorists arrested. You can help me by giving me a few hits on the site, Thanks, knew i could count on you.
http://elder-abuse-cyberray.blogspot.com/

So here above Raul is claiming that Clara was in the Hospital with a broken hip because she was kidnapped, drugged, raped and left for dead with broken bones and her head smashed.

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Reason #4: 

 According to Raul: 

Withholding of Medication Resulting in Broken Hip

          Before Clara was abducted and taken in such a hurry, that her Medications where left behind,  her bone condition was being closely monitored, and she was receiving load exercises therapy 2x a week (lifting weights) for her Osteoporosis  and riding her tricycle 3 x a week up until the time she was abducted.

Being taken from her care-givers, she did not recieve her daily exercise as well as her medications, and during that time she was kept in isolation and in nursing homes,

causing 'dis-use'.

After her rescue on August 20005, bone density tests confirmed a "worse off meds".

-Dr. Gertz Notes 8-30-05  5-1-05.

          Just Checking Medical Management Program did a interview

with Clara, they listed the Medications given, there was several sedative

combinations, but Fosamax for Osteoporosis and to avoid bone

fractures, was a 'must take' medication for Clara and it was being

withheld, and apparently her abductors had not had a done a bone

density test and so were not aware of her delicate situation in regards

to bone density loss.

          NOTE: In the photograph of the Fosamax, the pills are dated.  Raul claimed that Clara was abducted and left in such a hurry that her meds were left behind.  If Clara's meds were left behind and he felt that the Fasamax was so important, why didn't he send them to her, as he did with her clothes?  There is an extensive telephone trail that makes it very clear that Clara and Raul were in constant contact and letters Clara received from Raul that proves he always knew where she was.  If the Fosamax was retrieved in West Palm Beach at the time Dr. Pena Abducted her, then that is proof that when Clara left Key West that the meds were taken with her when she left Key West.  So either Raul is lying about not taking her meds with her when she left Key West or Raul withheld Clara's Fosamax by not sending them to her as he did the hate letters, Divorce Papers and her clothes.