On October 4 in the afternoon, a jury returned a verdict of Guilty against Herb Friedland on a charge of Theft in First Degree. The jury was unable to reach a unanimous verdict on an accompanying charge of Criminal Mistreatment in the Second Degree. Deputy Prosecutor Lech Radzimski tried the case for the state.

This verdict brings to a close the story of elder abuse that came to light on May 26, 2011 when Sgt James Caruso, while investigating an animal cruelty complaint, found 106 year old Frances Swan in her bedroom. When the Caruso entered the room Mrs. Swan stated, “Please feed me. He hasn’t fed me since yesterday.” She was removed from the home which was a scene of incredible squalor and filth.

While executing a search warrant on Mrs. Swan’s home, officers discovered that Mrs. Swan had over $800,000 in an investment account with Edward Jones. Further investigation revealed that Mr. Friedland used a Power of Attorney which Mrs. Swan had executed, to transfer the funds to a local bank in Kettle Falls. From there Mr. Friedland used Mrs. Swan’s money to purchase cars, hay, a bulldozer, guns and other items for himself. Mr. Friedland also removed approximately $200,000 in cash from the account.

The jury heard testimony from prior caregivers who testified that Mr. Friedland had isolated Mrs. Swan from friends and family. Mr. Friedland testified for approximately 3 hours and stated that Mrs. Swan was aware of all the expenditures that he made.

The jury deliberated for 4 hours and returned a verdict of guilty on the Theft charge but declared they were deadlocked on the Criminal Mistreatment. On Friday, October 5, Judge Neilsen sentenced Mr. Friedland to 10 years for the theft. Judge Neilsen stated that Mr. Friedland owed Mrs. Swan a moral and legal obligation and failed to perform either and that his greed was at the bottom of the injury he had caused Mrs. Swan and her family.

Mr. Friedland was transferred immediately to the Spokane County jail for holding and then into federal custody or on to the department of corrections. He is charged in federal court with multiple counts related to his illegal transfers of the money.