Betty Schaak

After 180 days, alleged abuser can apply for license to care for elderly



Alleged elder abuser Betty Schaak appeared before Lincoln County Circuit Court Judge Sheryl Bachart on Tuesday and entered an Alford plea to Criminal Mistreatment II, a misdemeanor, with diversion.

Although Schaak was originally assigned a court-appointed attorney, Schaak said that a friend of hers paid to have well-respected trial attorney Steve Lovejoy represent her instead.

Lovejoy explained that an Alford plea is essentially the same as saying, “‘I am innocent, but I am taking this deal because it’s a good one.”

He added, “We agreed that if we went to trial, the evidence could result in a verdict of guilty. We weren’t saying it definitely would, but trials are iffy.”

During a 180-day diversion period, Schaak cannot care for elderly people or young children. After those six months are up, however, her record will be clean, and she can apply for another license if she wants to, Lovejoy said.

“I think the case was defensible, but at what price?” Lovejoy said. “For someone her age, it’s a heck of an ordeal to go through.

“I think this was a fair settlement submitted by (prosecutor) Mr. Gardner, who is every bit a gentleman. It was the right thing to do.”

The 75-year-old Schaak was arrested at her Lincoln City home on Dec. 10, 2008 on the misdemeanor charge, as well as a felony charge of first degree criminal mistreatment, for alleged abuse of an elderly resident at her adult foster care facility, Betty’s Quality Home Care.

Oregon Department of Human Services suspended Schaak’s adult foster care license in November 2007 after three elderly residents were removed from her Lincoln City home amid two charges of severe physical abuse.

After investigating the allegations, DHS revoked Schaak’s license in March 2008. Schaak appealed, and the case was heard before the state’s Office of Administrative Hearings.

That court concluded that Schaak “abused and neglected residents in her adult foster care home; failed to provide accurate incident reports; and failed to seek medical care for one resident, while failing to ensure the health and safety of others.”



Circuit court process



Schaak had an early resolution conference April 13, for both attorneys to make sure that discovery was complete, and file motions if necessary, said Deputy District Attorney Brian Gardner.

Gardner later offered Schaak a plea bargain. She would receive no jail time if she pled guilty to the misdemeanor, solely for failure to provide medical care. She would not be held responsible for abuse, but it would give her a criminal record.

Schaak’s final resolution conference was held May 4. At that time, Schaak and her attorney had to either accept the plea, or the judge would schedule a trial date.

Schaak pled not guilty, and Judge Bachart scheduled a jury trial for Nov. 3 through 5. Gardner gave Schaak’s attorney an extension to July for Schaak to change her plea.

Lovejoy retained a private detective - funded by the state because Schaak qualified for a court-appointed attorney - to seek testimony from Schaak’s former clients.

Gardner agreed to extend the deadline to August to give the private detective time to complete his investigation.

August’s deadline turned into September, then October. Schaak’s trial readiness conference took place Oct. 19. On Oct. 26, Lovejoy informed Gardner that Schaak would enter an Alford plea to the second degree criminal mistreatment charge with 180-day diversion.

“Things have not gone well for Betty since she was arrested,” Lovejoy said. “During the investigation, everybody had great things to say about her. She’s got a lot of friends.

“Given her circumstances and her age, and the fact that the charges will be dismissed in six months, I am very satisfied with the result. I think it’s in her best interest to move on.”

Schaak said Tuesday that she’s pretty happy with the deal, as well.

“I am pleased with the settlement that the deputy district attorney and my attorney arrived at,” Schaak said. “A friend of mine paid for Steve work with me. Isn’t that wonderful?”

Not everything is running smoothly for her, however. Her home is being foreclosed on and will go up for auction on Feb. 15, she said.

“I’m losing my house to foreclosure unless I can come up with the money,” she said. “I can stay here until then.

“I don’t have any money to make plans with. If worse comes to worse, I’ll move back to Billings, Mont. to be with my kids.”



Contact Kate Rowland at krowlandstayton@gmail.com.



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