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) 330-0602TABLE OF CONTENTS
PEOPLE PAGE
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wrTnssEs DEFENDANT
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EXHIBITS
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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 Probate2
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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”
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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
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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.”
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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 ofat
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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 on2
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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 toChristoper 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 and2
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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
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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
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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?
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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 to2
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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 giveChristoher 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 fiduciary21
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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
0order of the Court
‘Thank you.
At this point in time, we are in recess.
{at 10:27 a.m., court proceedings concluded)
aLI 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
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