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Cite as In re Gibbons, 19 DB Rptr 265 (2005)
secure unless all door locks were changed. The Accused offered to change the
outside door locks on Peano’s home to more fully secure the premises. The police
told the Accused that the house was sealed and that the premises were in the custody
of the Medical Examiner. The police officer expressly and unequivocally informed
the Accused that the Accused was not permitted to enter the premises or change the
locks. The police directed the Accused to contact the Medical Examiner about his
concerns. Shortly thereafter, the Accused telephoned the Medical Examiner’s office
and left a message asking that a representative of the office contact the Accused
about the premises.
7.
The Accused, who has experience in probate matters, believed that Peano had
died intestate but that Peano likely had at least one living relative and that the
relative lived outside of the United States. The Accused and a second neighbor,
Irving Horowitz, were concerned about the safety of Peano’s property and about the
prospect that the property might escheat to the State of Oregon if a diligent search
for heirs was not conducted. The Accused knew there was no instrument appointing
either the Accused or Horowitz as executors of Peano’s estate and the Accused
drafted a petition to probate the Peano estate with Horowitz acting as Peano’s
personal representative. The Accused intended to file the petition the following day.
8.
The Medical Examiner’s Office did not contact the Accused prior to the end
of the business day on January 26, 2004. Shortly after 5:00 p.m. that same day, the
Accused hired a local locksmith and, without permission or authority to do so, the
Accused intentionally caused the locksmith to cut off the police lock, enter the Peano
home in violation of the Medical Examiner’s seal, and change the outside door locks.
The Accused took custody of the keys to the new locks.
9.
The Accused gave one set of keys for the new locks to Horowitz with
instructions that Horowitz should enter the home and videotape the contents for an
inventory. The Accused then contacted the Office of the Multnomah County Medical
Examiner to make the Medical Examiner aware that the Accused had rekeyed the
locks. The Accused offered to assist the Medical Examiner in the event that access
to the Peano home was required.
10.
The Accused erroneously believed that he could take measures to secure
Peano’s property, including directing the rekeying of locks and entry to commence
an inventory, as acts in advance of filing a petition to probate the Peano estate.
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