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tv   America Tonight  Al Jazeera  May 26, 2015 10:00pm-10:31pm EDT

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vases, 1st century frescos and precious books. they were recovered from american private collectors and museums. that's it for this edition of american news. >> thanks for watching. "america tonight" is up next. see you again in an hour. she's ready to punch above her weight again. what defines you? >> overcoming my obstacles. >> out of control. whose life is it anyway. al jazeera investigating the rights law in the name of
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protecting the war of the state. >> you were under guardianship. >> yeah. >> how would you describe it? >> i would describe it as tyranny. as gestapo. thanks for joining us. i'm joie chen. as we get older we want most pinsd, the right to make decisions for ourselves. when we lose the ability to be our own care givers what then? most often a family member is a guardian. when no one is available, an elderly person or a young one can become a ward of the state. as "america tonight's" sheila mcvicker found in her investigation of texas's guardianship system it can be the first step to a terrifying isolation and end of control of our own lives. >> dorothy's life changed forever with a knock on her
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door. >> they said this would only take about three minutes. >> they were a couple of attorneys. it was the beginning of the end of dorothy luck's freedom to make her own decisions. first came a deposition and then a doctor's report saying luck 82 at the time was partially incapacitated, incapable of making complex financial decisions. next a judge appointed a lawyer to represent luck in court, a guardian to speak for her and another to handle her assets. at the time close to $2 million. >> i was not allowed to vote to marry, to contract to have my own money, to give gifts. >> you were under guardianship? >> yeah. >> how would you describe that? >> i would describe it as tyranny. i would describe this as gestapo. >> luck was a ward of the state,
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one of 1300 in texas deemed unable to make even the most basic decisions about their lives like where to live and what medical care is needed. >> she's a widow. she's wealthy. she has no children. no one to come in and defend her. >> debbie valdez founded an advocacy group pushing for more oversight of the guardianship process. guardianship can mean state control of finances health care and more. whatever the court decides. >> there is no defense. if somebody wants what you've got, they can come in and take it. >> the power to execute any and all legal documents. >> luck became a ward of the state in the midst of a legal dispute with family members over money. assets in the dorothy luck credit trust. heirs to the trust, her late brother-in-law's children said she was taking more money from the trust than she should. instead of letting the case go
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to court, a judge intervened. luck tried to have her own lawyer represent her, but he was dismissed. luck's court appointed attorney settled the case on her behalf. >> it was closed door. i was never informed of anything. >> court documents show luck paid $1.3 million to the trust, 180,000 to the attorney representing her heirs, and $81,000 to her guardians and attorneys. >> they have run through my money like it was a cookie jar. >> they can violate all the rights of the individual strip them of every right that the. freedom, liberty to speak to visit, everything. >> tarrant county probate judge steve king made the decision dorothy luck was incapable of making decisions about her life. >> i want to talk to you about a case that was in your court. that was the case of mrs. luck. >> i cannot comment on a case that is pending because that case is still open on the books
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of this court. >> judge king whose opinions on guardianship are sought internationally, insists he makes someone a ward of the state only as a last resort. >> guardianship is a massive intrusion into a person's life. >> they lose a lot of rights? >> in fact they lose more right than someone that goes to prison. it's always based or should be based on medical evidence. >> this says he is executive funding, and that's why you ended up in the guardianship. >> that's right. >> dorothy luck is adamant. she says she should have never been ordered into guardianship. >> are you mentally incapacitated? >> i have no reason to believe that i am. >> in terms of being able to make your own financial decisions? >> i do it every day. >> at this nursing home outside of houston, preston kirk is trying to visit an old
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acquaintance. reverend john stad a ward of the state thanks to i acourt-ordered guardianship was moved here from his apartment against his will in 2010. >> what i as a native texan call is a legend texas can. >> he was a nasa chaplain in the days of the race to moon. he convinced him to take 100 microfiche bibles to the moon onnal poe low 13. >> this is 1,254 pages of the king james version of the holy bible. >> before stout was made a ward the state, he was active on the internet e-mailing friends and writing letters. he was also the keeper of the lunar bibles now worth a fortune. an apparent disagreement of how he was dealing with some of his assets led to his guardianship. >> one bible sold at sotheby's in december 2012 for $56,000. if there were even 60 in that
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apartment, which we're sure there were do the math. that's worth millions. >> the state has seized stout's assets and while keeping him in isolation is using his money to pay for lawyers. in 2012 depositions in a lawsuit over ownership of some of the lunar bibles texas department of aging and disability services personnel con concreted stout was not allowed to use the internet mail letters or use the phone. and that all incoming communications are screened. he said that the state guardian won't allow visits from him or others. >> they say it's for his own protection. what are you protecting him from? i just want to talk about astronauts and his triumphs and acheechlts. >> we asked the state about stout's case but were told they would not release any information about individuals under state guardianship. in general we were told the most important job of any guardian is to protect the individuals he or she serves. as such, there are times when a
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guardian must make difficult decisions such as restricting visitors for certain individuals. >> only the son and daughter-in-law have been allowed to visit in the last four and a half years, and they have since moved to missouri and have no contact. >> it's pretty outrageous for them to not allow access. >> inez russell is executive director for the texas guardianship association. why is it important for someone who is elderly and may be in a nursing home or not to have visitors? >> it's incredibly important to the quality of their life to have visitors and people that come and that can interact with them and remember together. >> she wants guardianships, but admits it's a system with flaws. >> i think we still have a lot of work to do. we have some great people in guardianship who work very hard to make sure that the people that they take care of are
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well-cared for, but texas has 254 counties. there's not enough money in most of the county governments. >> kirk tried to see reverend stout when we were there but was told he needed the guardian's permission permission always denied. have you ever issued a guardianship that restricted the person's ability to communicate, to use e-mail to send a letter to receive a letter to make a phone call? >> no. >> never? >> no after almost 40 years of doing this i'm not surprised. people make mistakes. people don't understand the law sometimes. >> the bureaucratic hurdles imposed by some judges and guardians, the power that they wield and faulty independent oversight sometimes means wards of the state live isolated and die alone. denise high lived in in home in mineral wells, texas, an hour
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west of dallas fort worth until she was forcibly made a ward of the state and put in this nursing home. >> she was screaming i don't want to go. >> virginia pritchard says her friend and neighbor was suffering from dementia. >> i think she just needed home help. there were friends that could have helped her. she had a lot of money. she could have afforded 24-hour help without any state agency walking in and taking her against her will. >> court records show that the retired banker had more than $200,000 in the bank a home that was paid for, and benefits worth more than $2500 a month. pritchard says she and other friends in the neighborhood paid regular visits to her who had no children. at the nursing home no visits were allowed unless the guardian was also present. >> i was going to go visit her for christmas, and i was told by one of the guardians that they were going to be with their own
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families for the holidays and there was nothing to sit with her. >> that was also true when she was on her deathbed. >> medical people knew that she was going to go. one of the guardians told me they said, well we're going to be closed on monday. so they made us wait. it was too late. she didn't make it. >> denise ward of the state of texas, died alone at age 87. america tonight's sheila mcvicker with us. this is stunning to me. in this case in miss luck's case she didn't have the right to be represented? how could that be? >> only by a lawyer chosen by the court. she went to court with her own lawyer, and the judge said you have no standing here. this is her lawyer. >> how could she have no standing? it's her own life? >> that's what happens with guardianship. now, texas does have a system which ensures that anyone made a ward of the state has the right to a court appointed lawyer.
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many states don't even give that protection. so while texas and some of the stories we heard in texas were pretty shocking and disturbing there are other states where when guardianship cases take place, individuals made wards of the state have absolutely no right to have anyone speak for them to have nothing said in their defense. >> how is it that guardians, when they're chosen and they're either monitored in some way? is there an agency that monitors what the guardians do? >> that's part of the problem. most often guardians are family members, and usually in those cases the system works well. when guardians are outsiders, there is very little oversight. it's very expensive to carry on an effective monitoring system so that you know what's happening to the ward you know that the -- what is happening is appropriate for the ward and you know that the guardian is doing the job that he or she is supposed to do. there is a provision in law,
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certainly in texas, where guardians are supposed to report every year. the case is supposed to be reviewed every year. not all courts are the same. not all judges have the same kind of experience as judge king where he sits at a specialized court. there are very few of those courts even in texas. so if you go before a regular county court judge, they may not know the law, and they may agree to provisions as in the case of reverend stout that seem shocking to outsiders. >> limited contact and all that. thanks. next heading oaf off a crisis? cleveland move to reconsider its police tactics. later, beating the odds. the prizefighter punching far above her weight. hot on "america tonight"'s" website right now. the truancy trap.
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that's at aljazeera.com/americantonight. >> we're here to fully get into the nuances of everything that's going on not just in this country but around the world. getting the news from the people who are affected. >> people need to demand reform... >> ali velshi on target weeknights 10:30p et
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in our fast forward segment the controversy this cleveland. protesters took to the streets over the weekend. over 100 rounds were fired into a car that contained two unarmed people. america tonight looked into the case and others that the u.s. justice department pointed to as a pattern of excessive force. >> we got to this corner right here, and everything changed for the worse. >> gregory love says he was trying to make a right turn at this intersection when a cleveland city police officer stopped him. >> what happened? >> next thing i know i look
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and the cop has his gun drawn on me. i'm right here literally right here in the intersection. he's right there at the crosswalk path. he has his gun aimed at my vehicle, and he's walking in stride over to my vehicle. he steps back he aims the gun. he looks and fires, boom. >> love was unarmed headed home after going to a concert in the city. >> i got my arms up and looked down and i'm like oh my god. you just shot me. the whole time he has the gun aimed at me. he's standing there with the gun aimed at me. i'm thinking he's going to kill me. >> in court documents the officer claims love was belligerent and verbally threatened. this online footage of the incident shows at least one of love's hands up when the officer was at the driver's side. it went through the left side of his chest. after he was shot he says officers handcuffed him and charged him with making an illegal turn.
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>> what was going through your mind? >> i was concerned that i was going to die on that -- right here in this speshgz. >> love's case is one of dozens that the u.s. justice department cited in a report harshly critical of the cleveland police force, accusing police of a pattern of excessive force, carelessly fires weapons and failing to hold officers accountable. >> fast toward to a deal between the city of cleveland and justice department to set strict limits on police use of force. that may tamp down new protests for the moment but the city is awaiting the grand jury's decision whether a police officer will be indicted for the shooting of 12-year-old tamir rice. next fighting weight. already an aolympian she's comes back to beat the odds again. >> on hard earned, down but not out, >> i'm in recovery i've been in recovery for 23 years... >> last shot at a better life... >> this is the one... this is the one... >> we haven't got it yet...
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>> it's all or nothing... >> i've told walgreen's i quit... >> hard earned pride... hard earned respect... hard earned future... a real look at the american dream hard earned only on al jazeera america [baseball crowd noise] ♪ ♪ [x1 chime]
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♪ ♪ [crowd cheers] oh! i can't believe it! [cheering] hi, grandma! ♪
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in like flint, michigan that is. the city has produced tough characters over the years, folks that rose above the challenges in a community that has taken a lot of lumps. no product of flint ever stepped up to punch over their weight better than t-rex. that's a nickname of the world champion boxer who is now gearing up for another round at the top of her game. on what clarissa shields is fighting for, here's "america tonight" tonight"'s sarah hoy. >> it's just after 1t after 10:00 in the morning, and she's midway through her morning run. she's training along saginaw street passing a string of crumbling buildings and liquor stores all for a shot to twend her gold medal in rio.
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once a manufacturing powerhouse the city of flint is a far cry from its hay day. without the auto plants unemployment and poverty have skyrocketed here. abandoned homes and vacant lots. the remaining evidence of better times. >> it's like any other african-american community that has poverty. everybody wants to fight over that last dollar that last nickel. >> the most famous female boxer is no stranger to the hard knocks life but clarissa beat the odds. when she was younger she says her father was behind bars while her mother struggled with alcohol. she also says a family member abused her. >> the truth is i was raped and i was molested as a young child. some people have the story that i was raped and now i'm tough and i box. no, that's not it. me being raped has nothing to do with why i started boxing. >> what defines you, then? >> overcoming my obstacles.
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resilience is the word. it doesn't what your father or mother is they're not you. i haven't had the worst parents, but they're pretty close, i think. thank god that you know he blessed them to change but as a young child i think the more things that you go through, it builds character. >> here uf you've had this dream of going to the olympics and getting a gold medal. sometimes success scares people. they almost self-sabotage. >> yes. >> was there ever a time when you were actually afraid of winning gold? >> yes. i was afraid of winning gold at the last match. i knew i could beat the girl before we entered the ring. i just knew it. i just remember thinking like wow, all these people are going to come around who i know are just users and, you know going to be trying to manipulate me and use me. i was like if i get silver maybe it won't be so many. after that i just turned up.
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>> clarissa first stepped into the ring at age 11 and never looked back. at 17 she made history by winning the first gold medal in olympic boxing in the 2012 game in london after beating russia's fighter 19-12. when you won gold how did that feel? >> when you put the medal around my neck. you have to look it up. i started to shake like oh my god. i had a picture of the gold medal in my phone, but to have it around my neck to touch it it was so big and heavy. i was just like whoo all this hard work for this medal. it was worth it to me. i slept with my gold medal. for at least a week. i didn't want to take it off. >> when you came home -- here you have this notion that when you came home that people would come out of the woodwork. did they? >> yeah. i had a lot of cousins i don't know and a lot of people that say they're related to me that i
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don't know. people say that they knew i was going to win gold that probably -- they probably did think that but they didn't make it known to me. but i think that that happens to any celebrity. i wonder how many cousins michael phelps has. >> at 56-1 she's the number one middleweight in the country and the world. she's already qualified for the 2016 olympic trials but it's a tough road for women boxers even if you win gold. there was no wheaties box with her face on it or any major endorsements. >> manny pacquiao and mayweather put up your hands. >> there haven't been any star-studded bouts earning millions for the prize fighters. yet, she caught the attention of filmmakers. >> i have this dream. >> they premiered the documentary t-rex this march chronicling her life story. >> i can hear them announcing.
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they're going to say it. the first woman olympian at 165 pounds is clarissa shields! >> she recently launched a gofundme page to help raise money to cover training expenses for her second olympic run. >> i think my dream will become their dream and we can live it together. i'm the only one that has to get hit. >> since winning gold she left her long-time coach to join forces with flint native lawson. >> i knew it was going to be tough, you know because boxing isn't like a -- what you would call -- it's important to us. as far as to america, it's not like that. it's not every household is tuned in like they tuned in to swimming or track. >> gymnastics. >> our gymnastics. it's not like that. it's a sport that we love that's important to us. i'm glad that it came back to
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primetime boxing you know as far as you being able to watch it on regular television and especially with the elite fighters fighting on regular television, it's a good thing and will be good for her as well. now it's run, rest train, and repeat. >> as you see she's developing into being a world champion. she's a great fighter. she's determined to win. i mean everything about her is all the fittings of a champion and that's why she is the champ. >> between workout sessions clarissa stops by her sister michelle's house for a quick visit with family before hitting the road for more training over the next couple weeks. >> it's really easy to get caught up in with trouble or drugs, especially when you're surrounded by it. family members and your friends. it's kind of hard you know. clarissa has always been around it. clarissa is very determined and
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i think when a person is so determined and focusing on what you want in life you aim for it and achieve it. that's what she's been doing. she has accomplished it. all obstacles and all the trials and tribulations she's been through, especially coming from where we come from living in flint, michigan. i'm just really proud of her. >> from driving alongside clarissa while she runs filming her shadowboxing in a parking lot to lending an ear, big sister michelle is always in her corner. >> anything that clarissa accomplishes in life she earned it hands down. it wasn't given to her by anybody. anything that she earned she deserves it. >> what is it about boxing that you love so much? >> i love a lot about boxing. i love that -- i just love to fight, and that just -- that's not being a bully. i just love fighting and competing and i love being able to work hard and then being put
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to the test and passing. i love getting my hand raised. i do love that. that's my ultimate happiness. i want people to know i'm not cocky and i'm a confident, hard worker. follow me to rio in 2016 so we can do it again, to times. two times. don't count her out. that's "america tonight." tell us what you think at aljazeera.com/americatonight. you can talk to us on twitter or on facebook. come back. we'll have more of american"america tonight" tomorrow. tonight" tomorrow. >> al jazeera america, weekday mornings. catch up on what happened overnight with a full
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morning brief. get a first hand look with in-depth reports and investigations. start weekday mornings with al jazeera america. open your eyes to a world in motion. on target tonight, fight for flight? the u.s. defense secretary says iraq's army has lost the will to take on isil. new questions raised about a connection between donations to the clinton foundation and arm sales approved by hillary clinton's state department. one week after being driven out by isil fighters iraq security forces launched a new operation to try and take aback the strategic city of ramadi. even if the iraqis succeed, it will take years to dislodge the group