STATE OF MICHIGAN 48% CIRCUIT COURT AND FAMILY COURT (ALLEGAN COUNTY) PEOPLE OF THE STATE OF MICHIGAN, Plaintiff, CHRISTOPHER MATTHEW FITZHUGH, File No. 23-64001-GA Defendant PETITION FOR APPOINTENT OF GUARDIAN OF INCAPACITATED INDIVIDUAL BEFORE THE HONORABLE MICHABL L. BUCK, CIRCUIT JUDGE Allegan, Michigan - Thursday, March 14, 2024 APPEARANCES: Jcourt Appointed [Guardian Ad Litem: MR. KEVIN MILLER 113 Chestnut street Allegan, Michigan 49010 (268) 673-0280 For the Defendant: MS. SHARMILA RAJANT (P80031) Law Office of Kenneth A. Puzycki, PLLC 210 James Street Holland, MI 49424 (616) 738-8800, RECORDED BY Ms. Carley Dalke, CSR 9359 Certified Electronic Recordes (268) 673-0300 ‘TRANSCRIBED BY: Ms, Alisha Bender, CSR 15956 Certified Electronic Recorder (263) 330-0602TABLE OF CONTENTS PEOPLE PAGE one. wrTnssEs DEFENDANT Wone. EXHIBITS None.0 2 B “4 is 16 0 18 9 20 a ” 2 25 Allegan, Michigan ‘Thursday, March 14, 2024 - 09:58 a.m. THE COURT: ‘This is a session of the Allegan County Probate Court. Today is the 14% day of March, year 2024, It’s about two minutes before ten o’clock in the morning. We are here in file 24-64801. 1 would note we have people taking part via the 2oom platform provided by the Michigan Supreme Court We've got Mr. Kevin Miller, David is it Gange? MR. GANGE: Te''s Gange. THE COURT: Gange. Okay. MR. GANGE: G-A-N-G-E. THE COURT: Okay, I/L1 try to say it correctly, thank you. We have Christopher here and his attorney, Ms. Rajani, all taking part via zoom, Those taking part in person, sir, please state your nane for the record. WR. FITZHUGH: Steven Fitzhugh. THE COURT: ‘Thank you, Steven. NS. GARDNER: Deborah Gardner. THE COURT: And in the back? You in this matter, or the next one? UNIDENTIFIED FEMALE: The next one. THE conRT: Okay. Sorry. Thank yon. You" re welcome to stay, T just wanted to make sure I had everyone included Okay. T am running behind here today. Before we begin, 1 would note couple things. We do have a separate file in Probate2 B 4 1s 16 0 18 19 20 21 ” 23 2s court, 24-64791 and that’s a mental health file, just reminding people of that, And also, I’m not sure how it’s going to play out today but I was on the record in another matter, and Elizabeth Hadley was present at that time and she indicated her willingness, should there be a desire, that she would be willing to take this case on as a guardian if it went that dizection. again, I'm not sure how that plays out, but 7 just —- I'm sharing that to make sure that's shared with everybody that I did have that conmunication. What we typically do is start with the Guardian Ad Litem, in this case, Me. Miller. Please raise your right hand, and repeat after me. You promise to testify truthfully? MR. MILLER: I do. wea 1 asm.) witness is sworn by Court) ‘THE COURT: Okay. Would you start out and summarize your investigation and recommendations please? MR. MILLER: Yes, your Honor. This is a situation where Christopher Fitzhugh is incarcerated obviously by the engagenent from the jail right now. I think he’s been in jail since February of 2022 on felony homicide charges amongst other charges. Mr. David Gange, who is also engaged with the hearing today, filed a peritian with the Court to be appointed as Guardian for his friend, Christopher. It’s my understanding that Mr. Gange was a brief enployer for Christopher. But that Christopher knows he’s either at Mr. Gange’s house and they” a 4 are friends. Christopher has in fact confirmed that in my conversation with him when T met (inaudible) . THE COURT: You're froze Mr. Mille, we can’t ~~ WR, MILLER: (inaudible) Pardon me. THE COURT: We're not hearing you. Try again. MR, MILLER: (inaudible) THE COURT: It's breaking up quite badly. Can you try turning off your video? MR. MILLER: Hello. THE COURT: Turn off your video and then maybe the bandwidths will just cover the audio WR. MILLER: Is this better? THE COURT: Yes, it's better. Thank you. Go ahead. MR. MILLER: Okay. So essentially what I recently indicated is that Mr. Gange refers to Christopher (inaudible) THE COURT: Sorry, we're losing you. WR. MILLER: He wants to be appointed guardian THE COURT: Mr. Miller, sorry, but can we, can I have you call in on the phone Line at the courthouse instead of using zoom? We will try that. We'll put you on a speaker. 1/11 have Me. Dalke give you a phone number to call. she’s going ta dial you and try fo mit you nn our aystem here, alright, So go ahead ~~ MR. MILLER: Okay.‘THE COUR I€ you are using your phone, go ahead and turn it off and we'll try to keconnect here in just a moment. WR. MILLER: Hello. HE COURT: Alright. Can you hear me okay, Nr. Milter? THE WITNESS: Yes, I can Judge. HE COURT: Alright. Let's start a new one, I already swore you in, but let's start fresh with your report. WR, ELLER: Certainly. It’s @ situation where Christopher Fitzhugh is in jail for felony homicide amongst other charges. His friend, David Gange, has filed a petition with the Court to be appointed guardian. 1 believe there was concern (inaudible) finding from the (inaudible) Court, that Mr. Fitzhugh was incompetent and not able to care for himself and that there vould a future mental health type program or activity that he would need to be engaged with. And there was concern from Mr. Gange that Christopher would not be able to navigate that on hie ova. The finding through my New World contact found that Christopher is in fact in jail. He does want Me. Gange to be appointed guardian. Although when I tried to explain to Christopher the nuances of what a guardianship is, I was not convinced that he fully understood other then something as simple as he will be making decisions for your future rights.2 23 Christopher is communicative, he is able to read, has some writing skills, but the comprehension skills that h presented to me were (inaudible). I would ask him to read something and a few minutes later ask him to tell me what thal said and he would not be able to do so. T would ask him to try to explain something in general for me, and he struggled with that. So, you know, T left that visit with Christopher at th jail with a thought chat he may in fact may need sone sort of assistance in the future, specifically given what might be activity regarding the criminal court hearings and decision making that needs to be fully understood before any agreenents were nade. I went to the court’s and what they will do is (inaudible) reports that reference his competency or lack of capacity by some physicians or doctors, one of thom being Dr Steven Turnbull and another I think manager, Michael Wolff. believe Turnbull suggested that Mr. Fitzhugh was capable and competent if he had certain acconnodations provided to hin Although those accommodations were not specifically identified. Ne. Wolff indicated that he did not believe if he was competent to stand trial or participate in his trial and ronld nat identify any accommodations that he could make to improve that decision where competency was no longer a question.” 23 24 2s Statements euch as he couldn't explain ideas to him, couldn't read, couldn't contemplate options to solve problems, and lacked logical decision making were indicated in the report. And it is the opinion of Dr. Wolff that Mr. Fitzhugh ie Ancompetent and cannot be fully restored without any accommodations. So it was determined, I believe by the Court, gudge Bakkex with an order T have here dated 3/4/24 that Nr Fitzhugh is incompetent to stand trial and is not restorable. Furthermore, the Prosecuting Attorney has directed to file a petition for mental health treatment with the Probate Court, I did want the Court to understand that 1 did not enter the process of deciding or making a recommendation regarding Christopher's capacity based on criminal issues. 1 think simply based on the medical status and the combination by other professionals and by the Court. But I did take into account Christopher's status in jail and what he may be looking at in hie future in decision making and treatnent, planning. I did take into account what the Court determined and the future of Christopher -- in trying to discern what may be most appropriate as a guardian for Christopher. 1 have spoke about this with Mr. Gange specifically, and although 1 helieve he has Christopher’s =~ or as (inaudible) Christopher’s best interest at heart, I was seeking a professional guardian who may be noxe likely experienced in the field and better able to navigate all the ins and outs ofat ” 4 2s tthe decision making processes, the mental health treatmont plan, anything that may cone along for Mr. Fitzhugh in the Future as opposed to Me. Gange who is simply a friend and is trying to assist Mr. Fitzhugh. unfortunately, I wasn't able to find a professional guardian who would be willing to take on that responsibility. I did speak with the guardian (inaudible) in Dowagiac District court who I am familiar with and they indicated they weren’t available. I spoke with (inaudible) a professional guardian in the Allegan area, she indicated that she would not be willing to take on this matter. And T don’t know if the Court indicated prior, but I did speak with Ms. Hadley as well and she indicated she was not interested, but based on you stated your Honor, Ms. Hadley may have had a changed opinion on that now and may be interested and willing to take on this appointment if the Court so entails. Twas not able to initially speak to Mr. (inaudible) by the court through the court without any contact with her. But in the interim between that report submission and today T was able to speak with Mr. (inaudible) and we spoke at sone length about Mr. Gange the other professional did not appear to he available and the mental health treatment process that Ms. Fitzhugh was gave and how that will possibly dictate numerous months of care for Mr. Fitzhugh. And that the guardian, Mr. Gange, may be employed to sign off on2 » 2B authorization but not really, my understanding, involved in the decision-making process for Mr. Fitzhugh. Just my opinion at this point, or recommendation that Mr. Fitzhugh does xequire a guardian based on his representation to me and certainly the decision that wero made in the criminal court arena and the reports provided by Dr. (inaudible) and Dr. Wolff in criminal court. Tt was going to be my recommendation as indicated in my report te the court, that given the lack of professional guardian, that Mr. Gange be appointed guardian for Christopher. But again, Judge! s statement to the court, Ms. Hadley is willing and able to accept this appointment and sezve as guardian for Mr. Fitzhugh would be my preference and was always my preference for @ professional guardian. And again, if she presents herself as available, I would recommend to the Court that the Court appoints Betty Hadley as the guardian for Christopher Fitzhugh. Thank you, your Honor. THE COURT: Thank you. Ms. Rajani, do you have questions for Me. Miller? MS. RAJANT: I do not your Honor. T did have the benefit of having @ conversation earlier and T have had a chance to look at the report, and T rlon’f have any questions at the moment. Thank you, your Honor‘THE, COURS Nr, Paul Klein, attorney at law, also joined us. Mr. Klein for the record, you have sone involvement, with Christopher as well, is that right? WR, KLEIN: 1 do. I represented Christopher in a criminal matter for the entirety of upwards of two years. And again, 1 am not technically a party to this, but just for the court’s == THE COURT: Will you come up to the table for this, I know your not a party but I think it’s helpful, T like to have everybody's input so I appreciate you coming. MR. KLEIN: Just so the Court’s aware, and T don’t know Uf the Court reviewed anything in the criminal file. This process is kind of an outgrowth of what has happened in the criminal case. The finding of incompetency took a number months. Dr. Turnbull, who I think the Court is familiar with along with Dr. Wolff was an independent expert, Dr. Turnbull interviewed Christopher, I believe at least two to three times, De. Wolff, at least twice. one of the references by Mr. Miller was a finding of incompetent unless there were special accommodations, that was given by Dr. Turnbull. T wanted the Court to know the extent to which this was evaluated. That was a finding, was basically unprecedented in this state no doubt and nationally the recommendation boiled down to a cognitive interpreter. which would be someone actually in real time, interpret facts toChristoper in order for me to have any type of meaningful interaction via the criminal case. That’s all that’s in the reports in the Circuit Court's file. Long story short, that was impossible to acconnodate. Judge Bakker did a search and the last finding as indicated in Juge Bakker’s order that for purposes of the criminal case, the Court has determined that Chirstopher is incompetent and not restorable. I think the Court just entertained the mental health commitment proceeding for Christopher @ short period ago. ‘This guardianship was a suggestion made, first by Mr. Wolff, then ultimately Dr. Turnbull. as far as the primary Living arrangements, decisions to be made, that type of thing: what was anticipated was certainly that there would be mental health involvenent. There were generalities of Christopher being involved with Onvoint outpatient services. These are Lifelong disabilities; they axe not something that is going to be treated with medication. These are deficits that Christopher is going to have for the rest of his life according to both De, Turnbull and Dr. Wolff So that’s were David Gange came in. He was someone who was involved with Christopher prior to the charges He maintained contact, he maintained contact with ay office, he had employed Christopher in the past. And in effect, he was: primarily interested in helping Christopher navigate life, provide him a place to live, provide him some employment and2 B “4 15 6 0 18 0 20 21 ” 2 4 2s that was one of the requests of Judge Bakker, that we have some type of approved residence. Christopher's been in jail for upwards of two years. We're through the eximinal process but for the waiting period and we have a status conference coming up soon in front of Judge Bakker. That was one of the issues that kind of needed to be Looked into. So I have encouraged Mr. Gange to file the guardianship papers. Certainly, I understand what Mr. Miller is saying as far as navigating things but primarily based on recomendations, ceztainly Christopher would be invelved with OnPoint and ongoing services but Mr. Gange would be able to provide food, shelter, and employment. And certainly, has the ability at least in conversation to get him to appointments. certainly, I understand there’s more subtleties you know, a professional guardian would be able to make those subtle decisions and contact with agencies, etc. That was kind of the history that got us to thie point. And again, I’m not trying to waste time here. THE COURT: No, you're not, that's very helpful MR. KLEIN: I’m not technically a party, but that’s where all of this came from and I’m sure the Court is somewhat, aware of how it came to be. Rut that’s where we’ ce at. Tf still involved with Christopher in the criminal case which is the next hearing, and it could potentially be the last hearing. e’re doing a bond review and a general status B2 3 “4 is 16 " 8 9 2» a 2 2 4 28 conference and so that’s why these hearings have been set, including the order from Judge Bakker that the Prosecutor filed in the civil commitment which was accomplished. This is just kind of an outgrowth of that, to kind of make sure whatever happens, we have courts involved, supervision involved, and appropriate parties involved as far as monitoring Christopher, making sure he gets the proper services pursuant to either a commitment order or the Circuit court. HE COURT: ‘Thank you, Mr. Klein, that’s very helpful. And again, on the sane Lines, again, I appreciate your help. 1 know you're not a party to this but do you have any questions for Mr. Miller then to go along with this, or do you think that's -- WR. KLEIN: T do not. T just want -- I told Christopher I would be here. I wanted to appear. 1 have another hearing going on right now. T appreciate the Court Letting epeak and I will exit and check in and see what the Court determined. WE COURT: ‘Thank you very much, T think I have a good understanding now and I hope that helps everybody here. Mr. Gange, T want to go first to you. Are you looking at down the road providing housing, employment, things like that down the road for Chirstopher? MR. GANGE: Yes, sir.2 B “ 6 " 18 9 20 a 2 23 4 THE COURT: Okay. MR. GANGE: I will make sure he has housing, employment, (inaudible) THE COURT: 1 guess that helps me understand. We have kind of complicated situation here, so maybe we're lucky the public fiduciary is willing to take this on. Tf you are providing housing, there would be some payment there. Or if you are hiring him, there would be sone payment the other way. let's called -- it’s called dealing, it’s not necessarily bad, but it has the appearance of impropriety. If we can have @ third party supervising the person and accommodating that, it looks cleaner to reviews by higher courts and also by the Suprene Court when they look at administery things. Would you he willing to do that even if someone else was the guardian off of those services? YR. GANGE: sure. THE COURT: You're a friend, you're not doing this - - you're doing this to help him out? MR. GANGE: Exactly. ‘THE COURT: Again, I think that helps me understand here we’se at and what to look at and maybe helps Ma. Rajani to. Ma. Rajani, first as far as your position with regard to the need for a guardian for Christopher, do you have a position as to whether or not there's a need? 1sn 3 a 15 16 7 18 1» 20 a 2 2 25 MS, RAJANI: T do your Honor. I would like to reference the hearing we had prior to this and also, I'd like to refer to what Mr. Klein said in court today as well reports we have reports from Dr. Turnbull and T forget the name of the other psychiatrist but we have two reports, documents. Based on all of those things and my conversations with Christopher, I feel that Christopher would greatly benefit with a guardian. Te would help him navigate the system better. Clearly cognitive impairments at this point of time do not permit him to what is necessary to make sure that everything is Line for his life, employment, a place to stay, including following up with that treatment plan, So I do agree in conjunction with Christopher and actually having a conversation with him that a guardian would benefit him at this point THE COURT: ‘The next step thon, do you agree with the recommendation by Mr. Miller that we use @ public guardian in this situation? MS. RAJANI: I must adit, T have been thinking about that and here I kind of look at the guardianship statute and if this is a GA guardianship under NCL 700.5313, it talke about the priorities. And the priority, as you know, is somebody who the individual that the subJect chooses as guardian, and Christopher at this point in time would like Mr. David Gange, he trusts him, At the sane time, I realize that the person has to be -- the statute also asks the Court to2 2 2 consider obviously suitability of a guardian and while I don’ say ~~ I'm not of the opinion that Mr. Gange is unsuitable, had no opportunity to question him. I do feel at this point a professional guardian would help him negotiate the system better. What I would Like is, Christopher would benefit with the association with David Gange. There’s a lot of trust there. I believe that he looks up to him, he trusts him with his judgment, so he would benefit -- greatly benefit with that bond with Mr. Gange. And if Mr. Gange is willing to provide employment and a place to live, then that is the most suitable thing for him right now. T think @ good arrangement could be worked out with Ms, Hadley handling benefits in other suc areas where she might be, you know, more confident to tha with Me. Gange still being part of Christopher's life providing emotional substance, because he does need that. And as I said, a place to Life and potentially provide employment That's where T stand on this your Honor. ‘THE COURT: We have some people here would have been patiently waiting, do you believe there should be a guardian? Just one thing at a time. Do you agree there should be a guardian? NR. FITZHUGH: Yes, and it should be -- THE COURT: Do you object to Ms. Hadley being the guardian?MR. PITZHUGH: No. ‘THE COURT: Okay. You don’t need information about - MR. FITZHUGH: Can T bring something to your attention your Honor? THE COURE: Just a second, Let me get everybody's feeling first. State your name for the record. MS. GARDNER: Deborah Gardner. ‘THE COURT: Okay, Deborah, do you have any Anformation to offer that he shouldn't have @ guardian? MS. GARDNER: No, he should. ‘IE COURT: Okay any objection to Me. Hadley being the guardian? MS. GARDNER: Absolutely not. avoid self~ THE COURT: And do you agree that the dealing or impropriety to have her instead of his friend, employer, house provider? MS. GARDENER: I feel it would be best for her. ‘THE COURT: And you would echo that as well? MR. FITZHUGH: Yes, can I say one thing? ‘THE COURT: Go ahead. MR. ETPZHUGH: Okay. When the warrant was issued for ny father being murdered, David was hiding him out at his house, they picked him up. We had to go through family, Dave's ex-wife had to call him, he was hiding in the garage, to giveChristoher up. He has multiple guns in that house. He’s been threatening the family, when we went to go get Christopher, that he'd shoot us. We do not need to put this kind of mental person in a house full of guns. He made threats, like I said, he wants to use him for free work. He's going to take him out of the public and put him in people's yards, a murderer? That kind of business shouldn't be run HE COURT; Again, those kinds of concerns certainly cone into play. I’ve already found MR. FITZHUGH: He lives two miles from me, your Honor. And two miles from the murder scene, we do not want him back in our town, bottom line. ‘THE COURT: The issue before the Court with regard to this appointment, number one does he need a guardian, it’s unanimous, everybody agrees, the reports are there. We have very helpful information as far as the background, this Court is aware we have the mental health file, and certainly this is a very serious, very, very, difficult situation for everybody, a very tragic situation. fe need to have someone who can finesse all these different issues. again, 17m not making any official finding regarding Mr. Gange yet. I didn’t swear in any witnenses as far as what happened. 1 think these are serious allegations and if we further hearings we'd look into that he's unsuitable. This court finds that he’s unsuitable as we look at a fiduciary21 n 2 Py relationship, we call it self-dealing - just @ second - and 1 think that Ms. Hadley may well approve that, and if that’s the case that’s fine. And it would be Ms. Hadley's job to do that. If those concerns were evident, that would be something she may not decide to act on but I have no indication here as far as evidence T can consider and T don’t need to go there. I’m not going to micro-manage the guardian. Ms. Hadley does a wonderful job and I think she will respect Chris’ requests, his interests, but her primary goal is his interests and she can work with that. So I think that is up to her and she can look at without the aelf-dealing considered David ange as an employer, caretaker, provider, that’s up to her. And again, if ‘there's additional information that you have, if you can pass that on to her for consideration, okay. But again, under all the circumstances, 1 think we are very lucky to have someone with Ms. Hadley’s character. She’s familiar with the family’s situation and I think that’s to everybody's benefit. she's about to negotiate and work with everybody and she also can work with attorneys and she knows the systen. I thank everybody's input, I think everybody here’s concerned about getting the best interest and again, thank you Mr. Gange for bringing this to the Court's attention because this aets us to the point where we can make decisions hopefully to settle all these issues in various files we’re using. So that will be the 0order of the Court ‘Thank you. At this point in time, we are in recess. {at 10:27 a.m., court proceedings concluded) aLI certify that this transcript, consisting of 22 pages, is a complete, true, and accurate record of the proceedings and testimony taken in this case as recorded on Thursday, March 14, 2024 Alisha Bender, CER 15956 8% District Court 227 1, Michigan ave Kalamazoo, MI 49001 (269) 330-0602 2