After Jiggs Kobek instructed Ned Tonner to quit drawing up a Living Trust for Martha, Jiggs had Tonner inititate this Petition for Guardianship of Martha in July, 2000, the day after Kyle left Renssalaer. This was only two days after Kyle had informed Jiggs that Martha was having Tonner draw up a Living Trust.

Tonner had no problems with representing Jiggs on this matter, even though he was also Martha's attorney. When approached by Kyle to perform this same task in February, 2001, Tonner maintained that he could not represent both Kyle and Martha because that would be a conflict of interests.

This Power of Attorney gave Kyle complete power and authority to act in Martha's name in all matters of Martha's estate, specifically addressing and including all banking and financial transactions. It also granted Kyle full power and authority to act as Martha's health care representative in making all decisions regarding Martha's care, including hospitalization and nursing home admittance.

This document specifies that powers granted within shall not be affected by Martha's later incompetency. Also, this document was never revoked by Martha and was only terminated by Martha's death on February 1, 2003.

In Martha's Will, Martha appointed Kyle as her executrix. As executrix, Kyle was authorized to complete transactions with the trustee of any trusts, even if she herself was the trustee.

The Martha E. Ham Trust was set up with Martha as the Trustee. According to the terms of the Trust, if the original Trustee were unwilling or unable to serve as Trustee, then Kyle was to serve as Successor Trustee.

This is a note from Tonner to Kyle instructing her to transfer all of the Trust assets to Roger Riley, a financial advisor who also happened to be a friend and client of Tonner's. Had Kyle followed Tonner's instructions, Riley would have earned upwards of $15,000 in commissions.

This $1,100 billing from Tonner to Martha included $250 he charged for preparing the Guardianship papers requested by Jiggs. This request was contrary to Martha's wishes, however, Tonner went ahead and billed Martha for it.

Tonner advised Kyle that Martha had become mentally incapacitated to the point where a Guardianship was necessary.

Kyle hired attorney Richard O'Brien after Tonner decided that it would be a conflict of interests to draw up guardianship papers while representing Martha. This was a complete reversal from his practise the previous July.

This petition was drawn up on the advice of both Ned Tonner and Richard O'Brien as being the correct document needed in the process for Kyle's continuing care of Martha.

In point of fact, no Guardianship petition was required because of the existing Power Of Attorney and Trust.

Document signed by Jiggs approving an appointment of Kyle as Guardian.

Martha was found to be incapable of handling her person or estate and Kyle was found to be suitable to serve as Guardian and fully qualified.

Kyle was duly appointed Guardian, however, Kyle's Power of Attorney, which was still in effect, granted Kyle more authority than the Guardianship and was also irrevocable the moment Martha was declared incapable of handling her person and estate.

NO GUARDIANSHIP WAS REQUIRED BECAUSE OF THE EXISTING POWER OF ATTORNEY, a fact missed or ignored by both Tonner and O'Brien. This fact was brought to their attention by Kyle's husband, Jerry.

Again, unnecessary documents because of the existing Power of Attorney and the Living Trust.

In this letter Tonner informs Martha that Kyle had the authority to move Martha to California and that the judge had decreed that Martha should be allowed to stay in her own condominium as long as possible.

Tonner's bill for the unnecessary guardianship proceedings.

O'Brien's bill for the unnecessary guardianship proceedings.

Contract between Kyle and Western Surety Company to post a $200,000 bond.

A third page was added to this document as a note from Western Surety requesting the unfiled bond be returned. This note is not dated, but it makes reference to a credit report. Agencies can obtain credit information on an individual within an hour by phone and fax. How is it that Western Surety was able to enter into a legal, binding contract for the bond, but then later rescind it? What kind of Surety company would enter into a bond contract for $200,000 without first obtaining a credit report?

This fee schedule indicated that Lafayette Bank and Trust would charge $2,825 annually to administer Martha's estate. This does not take into account any commissions on investments nor the increase in fees by approximately $1,000 if the condominium were ever sold.

This order appointed Kyle as Guardian of the Person while vacating the February 20th order appointing her as Guardian of the Estate. The reason for vacating the original order was that it was not necessary to appoint a Guardian of the Estate because of the existing Power of Attorney.

It should be noted that the very same Power of Attorney also makes the appointment of a Guardian of the Person equally unnecessary, a point missed by the lawyers and the judge.

Letter from the court certifying Kyle as Guardian of Martha's Person.

This billing includes O'Brien's previous billing, plus an additional $387.50 because of the "additional work" involved with trying to undo past mistakes.

In this email, Matt Robertson, a CPA with Huth Thompson LLP in Renssalaer, recommends that Kyle pay an annual salary of $37,500 to Tonjua Gray, the caregiver hired to assist Martha while living at home. Gray was also a client of Tonner's.

Kyle accepted this figure, trusting in Robertson and Tonner to look out for Martha's best interests. Kyle later discovered that this salary was more than double the normal rate of pay for better services provided by more qualified professionals.

Care giver employment contract between Gray and Kyle as drawn up by Tonner with information provided by Robertson.

In spite of efforts to change mailing addresses for Martha so that Kyle would receive Martha's financial correspondence, checks and other mail was still being delivered to Martha's address in Renssalaer.

This check was opened prior to being forwarded to Kyle. Gray claimed that Martha had opened the envelope herself, however, Gray made the copy of the check and gave the copy to Tonner.

In this letter, Tonner advised Martha that Kyle could not move Martha to California without first obtaining permission from the Indiana Superior Court and also extablishing a Guardianship in California. This is not consistent with Tonner's February 22, 2001, letter to Martha. It is also not consistent with the terms of the Power of Attorney Martha had given to Kyle

Affidavit submitted to the Court claiming that Kyle had not paid Martha's bills, failed to provide proper medical care for Martha, and refused specific medical testing for Martha.

What is not contained in the affidavit is that Gray's claims were not true. Kyle attempted to provide evidence to that effect at a later hearing.

This document was signed by Martha a full year after the Indiana Superior Court declared her to be incompetant and unable to handle her own finances and personal affairs. Martha scored very low on a mental competancy test shortly after this document was filed.

In addition, later in February, after being hospitalized, Martha informed Kyle that she knew nothing of any of this action, that she was very happy with Kyle's taking care of her, that Tonner had told her to sign some papers which she did because he was a nice man, and that she had never read the papers nor did she understand what they were. Martha went on to demand that Kyle call Tonner immediately to stop all of the nonsense.

The request filed by Tonner to remove Kyle as Guardian of Martha's person.

This document also indicates that Tonner was Martha's attorney of record, however, Martha was unable to hire any attorney because of the court declared incompetancy. Also, Kyle had already retained an attorney to represent Martha and the Trust.

This Court Order scheduled the hearing to remove Kyle as her mother's guardian for April 1, 2002.

Court order allowing O'Brien to withdraw as Kyle's attorney. O'Brien had a conflict with the scheduled hearing date and Michael Riley, an associate of O'Brien's, took over as attorney for Kyle.

This was the cover letter providing copies of all of the evidence Tonner had compiled against Kyle.

Riley applied to quash Tonner's request for certain records because of the improper procedure involved with Tonner's request and the time (28-30 hours) given to produce the records.

Riley petitioned the court to dismiss the prior order because of inconsistencies with Indiana law.

Motion filed by Riley to disqualify Tonner due to his numerous conflicts.

In this letter Riley brings up the question of how Tonner can claim to be employed by a person, Martha, who has been declared incompetent by the Court.

Subpoena of Kyle to appear in court on March 1 with copies of all Martha's financial records.

Tonner claims that there is no conflict-of-interest. He maintains that he has always represented Martha in legal matters, that Jiggs and Joe Kobek have nothing to do with the matters at hand, and that Kyle lied regarding the requirement to hire Tonjua Gray

Tonjua Gray had already started working for Kyle when the original guardianship hearing took place. At that time Tonner informed Kyle that the court would not grant her petition for guardianship if she did not already have a caregiver in place, thereby implying that, with the short time element, Kyle needed to continue with Tonjua as the hired caregiver.

Tonner further claims that he was only drafting the employment agreement as part of his continued legal representation of Martha. However, Martha did not hire him nor did she request that he draw up any such agreement. Martha did not want a caregiver hired at that time. The contract was specifically between Kyle, as an individual, and Gray.

Tonner had contacted a doctor to write a prescription authorizing Martha to attend the March 1 hearing.

The Court scheduled a hearing on all the pending filings for March 1, 2002.

Letter terminating Gray's employment as Martha's caregiver.

Court Order permitting Kyle to use Trust funds to pay her mother's bills.

Court Order appointing John Potter as Guardian ad Litem for Martha.

Court Order scheduling a hearing on June 28, 2002, for the purpose of establishing a new guardian over the person and estate of Martha.

Subpoena summoning Kyle to the June 28 hearing.

Request for a continuance of the June 28 hearing to a date after July 13, 2002.

Before Kyle left Renssalaer at the end of March, after the postponement of the hearing as was originally scheduled for March 1, Kyle informed the Court that she had a contractual commitment through the summer until July 13. It should be noted that in the weeks following the March 1 postponement, Kyle attempted to have the hearing rescheduled before she had to leave Renssalaer.

This motion was an attempt by Riley to quash that part of the subpoena requesting all of Martha's financial records.

This action was justified because the Guardianship in dispute was of the person, not the estate. These were two separate actions which the Court time and again found convenient to view as one. During later proceedings when it was more advantageous for the Court to separate the two, it did so.

This was an in-depth rebuttal of the Guardian Ad Litem's Preliminary Report dated April 19, 2002. Riley refused to file the document with the Court because he felt it was too inflammatory.

For a detailed breakdown please go to Analysis of Guardian Ad Litim's Preliminary Report.

Potter did not want a June 28 hearing to be continued. He knew that Kyle could not be in court on that day due to a contractual obligation in California.

Moved the June 28 hearing date to August 13.

This order confirms the continuance of the hearing and also approves Potter's request for an order keeping Martha in Jasper County.

This was a denial of the June 6 Motion to Quash Subpoena.

Letter informs Kyle of the continuance.

Judge McGraw appoints Comingore as Guardian of both the person and the estate of Martha Ham, even though only the Guardianship of Martha's person was in question. According to Indiana law, the power-of-attorney in Kyle's name supercedes the Guardianship.

Order to docket the Trust.

There is no document to show here. The transcripts were ordered and paid for in late 2003 or early 2004. The check was cashed but neither Kyle nor her attorney ever received the copy of the transcripts.

At an ealrlier hearing this year (March time frame) Judge Daugherty told the District Attorney to get the transcripts to Kyle. To date, Kyle has never received those transcripts.

SEE ABOVE.

This billing from Riley is actually for Richard O'Brien. O'Brien filled in at the August 23, 2002 hearing because both Kyle and Riley were out of town when the judge scheduled this hearing.

This is the narrative from Detective Beier documenting his investigation and requesting a warrant for Kyle's arrest. However, he left out some important details:

1. Kyle had discovered Potter's actions and called Beier and gave him a full report, including her converstion with La Shaun Woods at National City Bank in Merriville.
2. Beier called La Shaun Woods who verified Kyle's story.
3. Beier told Kyle that he was filing the report with a recommendation that no charges be made.

Beier also conveniently ignored the fact that Kyle had made a charge against Tonner for getting her mother's signature on a document while knowing full well that Tonner knew she was incompetent.

Strangely enough, in court testimony and depositions, Beier admitted that had he known Kyle had a valid power-of-attorney that he would not have requested an arrest warrant. In the same questioning, he also stated that what Tonner had done was indeed a criminal act.

Riley's motion to withdraw and the order granting his withdrawal.

Kyle was charged with Defrauding Financial Institutions, however, the stand of the financial institution supposedly defrauded was that no crime had been committed.

This settlement is from the sale of Martha's condo. The net amount to pay to the trust after expenses have been taken out, but prior to paying the hospital bill, comes to $101,466.19.

Before Kyle had been removed from authority by the court, she had arranged for the sale of the condo back to the original developer. The agreement was that he would take care of all expenses and the trust would net $105,000.00. However, Judge McGraw blocked the sale.

This resulted in the trust receiving $3,533.81 less than it should have received. Additionally, the following expenses would have been avoided:

1. $6,720.00 in sales commission paid to an individual working for the prosecutor,
2. $40.00 paid to attorney James R. Lakin, and
3. $604.75 paid to the law firm Dumas, Weiss & Mahnesmith.

National City Bank again implies that there was no bank fraud.

Order for criminal charges brought against Kyle.

• Count 1: Exploitation of an Endangered Adult (Class D Felony)
• Count 2: Financial Exploitation of an Endangered Adult or Dependent (Class D Felony)
• Count 3: Forgery (Class C Felony)

Order approving the Motion for Continuance and denying the Motion for Dismissal

Denial of Motion for Special Prosecutor

Order approving Trustee's Final Account and Petition to Settle and Allow Account and Authority to Distribute Trust Corpus and Close Trust.

This is a court order for Kyle's arrest because she failed to appear at three court hearings (the current one and two previous). It was duly noted that service had been attempted on Kyle by certified mail, but the mail had been returned unopened.

This was true. However, what was not reported was that the service was to a post office box, which is not valid (at least not in the sate of California). Additionally, the post office box was not Kyle's. It was an old box number that she had dropped several years prior to this action.

What's more, the court and the prosecutor's office was fully aware that this post office box was not a correct address and in fact had the correct address on record. This was not the first time mail from the court went to the wrong address. Nor was it the second. These mistakes had been pointed out in court more than once.

Order bringing eight additional charges agains Kyle:

• Counts 1-6: Conversion - Class A Misdemeanors
• Counts 7 & 8: Theft - Class D Felonies

These orders consolidated the added eight charges with the three original charges so that it would be one case rather than two. The trial date was also continued at the prosecution's request. And a hearing was scheduled to determine whether or not bail should be increased.