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SAN DIEGO (KGTV)- A local family contacted Team 10, concerned about the recent marriage of their elderly father to his new caregiver.  In a petition filed in probate court through an attorney, the family of James Donald Hess accused his new wife and former caregiver of "physically and verbally abusing him, and asserting undue influence over him." "It's just heartbreaking," said Dede Hess about her father-in-law. "I was just like, this isn't real." Dede Hess said her father-in-law, known to many as Don, is not in the best health. In the petition, it said his "health steadily declined" after Don's second wife passed away in February 2016 and that he suffered from "depression and loneliness" and became dependent on in-home caregivers. In the petition, it claimed that a caregiver named Nicky convinced Hess to marry her after just a few months. Hess and Nicky Shepard -- now Nicky Hess -- were married on October 14, 2017. Hess was 86-years-old. Nicky was 64.  "I think of her as a shark that smelled the blood in the water," Dede Hess said. RELATED: Resource guide for elderly San Diegans and families Dede Hess also learned more about the past of her father-in-law's new bride.  "When she met dad, she was married, but she was a newlywed," Dede Hess said. "Two weeks after her divorce was final, she married dad." Team 10 found Nicky was divorced at least five times.  The family alleged Nicky convinced her new elderly husband to "withdraw large sums of money from his investment accounts" and that she "forged [ his] name on documents," according to the petition. It also said she placed his health "in extreme danger" by keeping medication from him or giving him too much.  "I would love to see some justice on behalf of my father-in-law, especially if he's ill," Dede Hess said.  Team 10 learned that Don Hess is now hospitalized. His family said his heart stopped for several minutes and he also suffered from renal failure and pneumonia. The conflict brought both sides to probate court in mid-March where the judge acknowledged the difference of opinion regarding Mr. Hess's marriage.  "I know that you have very different views about whether this is on one hand, a recent marriage of an elderly person to his caregiver and the vulnerability that that can present and the possibility of financial abuse versus, on the other hand, a person who is engaging in his right in his older years to find love and get married," said Judge Julia Kelety. The petition is to remove Don Hess from the new trust made late last year. Hess's children claimed he was not competent at the time.  The petition said the new trust "largely disinherits his natural children... in favor of Nicky."  "The document was done in December so we have issues about its validity," said attorney Todd Stevens. However, the attorney present for Don's side said that is not the case.  "It appears to be a validly, executed trust by Mr. Hess," said attorney Lisa Frisella. Frisella said in court Mr. Hess went to a lawyer on his own and amended the trust.  Team 10 visited the Hess home to get Nicky Hess's side of the story.  She was home and did not want to talk in person. However, less than an hour later, Nicky called Team 10 and said over the phone: "All I need is love. I don't even think about his money. His kids did not approve our marriage."  Team 10 asked about allegations of elder and financial abuse. Nicky Hess said, "No, no way. I never elderly abuse my husband. I love him so much." In the petition response filed by Don's lawyer, it also denied any abuse and said the "children were more concerned about their inheritance than his happiness." In court, Judge Kelety temporarily "suspended" Mrs. Nicky Hess as successor trustee until another court appearance scheduled for April 5th.  It was a small victory for Dede Hess and the other Hess children, as they pray for their father's recovery. "I don't want this to happen to anybody else," Dede Hess said.  According to the National Council on Aging, elder financial abuse is likely underreported. A 2015 study found this type of abuse and fraud costs older Americans .5 billion a year.    4398

SAN DIEGO (KGTV)- A group of ten college girls rode their bikes from Seattle to San Diego to fight sex trafficking. The group is comprised of women from Texas, Arkansas, Oklahoma and Alabama.Beginning in Seattle and ending in San Diego, these first-time riders biked down the West Coast, meeting with communities and local leaders along the way to spark conversations and raise money for the long-term, rehabilitative care for children rescued from sex traffickers.This is the third year for Pedal the Pacific and this year they nearly doubled their financial goal. They ended up raising over 250 thousand dollars. The organization tells 10News, "The team just received a 0,000 donation from the Harry W. Bass Jr Foundation. The foundation says they were appalled by Jeffrey Epstein’s alleged crimes, but they found a positive way to make a difference with their donation to Pedal the Pacific."All of the money raised will be donated to The Refuge Ranch, the largest long-term, live-in rehabilitation facility for child survivors of sex trafficking in the US. 1071

SAN DIEGO (KGTV) — When San Diego County leaders suspended in-restaurant dining to slow the spread of the coronavirus, many businesses were left to figure out how to feed patrons.Sardina's Italian Restaurant & Bar on Morena Blvd. was one of those restaurants forced to transition to pickup or delivery only — but did so in a way that appeals to kids (or the kid in us) forced to stay home."Looking for something fun to do with your children (and/or partner!) during this unprecedented time?" the restaurant's Facebook post read, introducing a pizza kit. "The kit will include fresh pizza dough, cheese, pepperoni and sauce to make a medium size pizza at home!"RELATED:City of San Diego announces million relief package for local businesses due to coronavirusPopular South Bay restaurant offers big discount during in-dining banAfter opening Thursday, the restaurant told 10News it had sold 20 kits in its first three hours and expects a lot more orders.It's just one of the ways San Diego County restaurants are adjusting to continue serving families. The City of San Marcos has started a list of restaurants open for takeout or delivery in the city. The North Park area also has a list of eateries offering takeout options.In addition to specials at favorite restaurants, several food delivery platforms are also working to help out restaurants during COVID-19 closures. 1390

SAN DIEGO (KGTV) - Voters in San Diego County will have fewer places to vote in person for the 2020 Presidential Election, but officials say they've increased the opportunities people have to make sure their vote counts.On Wednesday, the county released the final list of 235 "Super Poll" locations, where people can vote in person. Every voter will be assigned to one of those polls.That's down from around 1,600 polling places during the primary."Certainly our world has been upended when it comes down to all things elections," says Michael Vu, the County Registrar of Voters.Vu told ABC 10News the county had to do fewer, larger polling sites to accommodate for social distancing required by coronavirus guidelines. But, he adds that voters will have four days to cast their ballot in person.Those Super Poll locations will be open on Oct. 31, Nov. 1, and Nov. 2 from 8 a.m. - 5 p.m. On Election Day, they'll be open from 7 a.m. - 8 p.m.Even with the extra days and hours for in-person voting, Vu says the best option for voters is to use the mail-in ballot that every registered voter in San Diego will receive around Oct. 6."We, in our county, have had a tradition and culture of voting by mail," says Vu, noting that 76.5% of all registered voters already signed up to be a permanent mail ballot voter.Vu says he has complete confidence that the post office will deliver ballots to voters and return them to the Registrar on time.For people who don't want to put their ballot in the mail, the Registrar is also setting up 126 ballot-drop off sites across the county. Those will be available starting Oct. 6.With 1.86 million registered voters in San Diego County, Vu says this year's election was like putting together a jigsaw puzzle. But he's confident everything will run smoothly for the election.For more information about the upcoming election, or to find your assigned polling place or closest drop-off box, go to the Registrar of Voters website. 1968

SAN DIEGO (KGTV) — With President-elect Joe Biden and Vice President-elect Kamala Harris projected to take the White House, Harris will have to resign her seat in the U.S. Senate.The power to fill that seat would fall to Governor Gavin Newsom, and the political jockeying for his pick is well underway.“This is one of the best jobs in American politics, one of the most prominent jobs in American politics and every California political leader wants it,” said UC San Diego political science chair Thad Kousser.Kousser expects Newsom will want to make history with the diversity of his pick, should he have the opportunity.Others are thinking along the same lines. Groups like Equality California have sent the governor a list of their preferred LGBTQ candidates, which would be a first for California.Assemblywoman Lorena Gonzalez tweeted out her own list Friday of Latino candidates, another potential first for the state.“We are the largest demographic in this state, and growing,” she wrote. “It’s time we have a Latino/a US Senator.”Political analyst Laura Fink says the governor is going to have to balance a lot of competing interests.“First and foremost, what's going to be best for California? And then of course, what's going to be best for Governor Newsom moving forward as he looks toward his political ambitions,” Fink said, referring to the possibility that Newsom could run for president.There have been dozens of names floated as potential picks, including California Secretary of State Alex Padilla and state Attorney General Xavier Becerra.Both are sons of Mexican immigrants who would be the first Latino senators in California history.But don’t pencil either in just yet, according to Fink.“Kamala Harris is leaving one of only 26 women in the Senate. That's one out of four. Last time I checked, [women] are north of 50 percent of the population. So that is something that will need to come into consideration,” she said.Rep. Karen Bass is another top contender. She’s the head of the Congressional Black Caucus.There’s also State Senator Toni Atkins of San Diego, who could also make history as California’s first openly gay senator.“She's been the first a lot of times,” Fink said. “First lesbian Speaker of the State Assembly. First Madam President Pro Tem of the State Senate. This would be another first for her should she ascend to that seat.”Atkins declined to say if she was interested in the job or being vetted.“Right now, my focus is on the work before us, and the path ahead of us," she said in a statement to ABC 10News.Atikins said she was “focused on the outcome of the election and our state Senate races, looking forward to a Biden/Harris administration, and continuing our work here in California.”The power to fill a vacant U.S. Senate seat comes from the 17th Amendment to the U.S. Constitution. States have their own laws that shape the process.Five states require Senate vacancies to be filled by a special election. Nine states allow the governor to appoint a replacement, but require a special election shortly after.The remaining 36 states, including California, allow governors to appoint a replacement to serve out the remainder of the term.Newsom’s pick would serve out the remaining two years on Harris’s term, then go up for reelection in 2022 as an incumbent. Incumbency carries significant advantages in name recognition, fundraising and image, said Kousser.“You are getting that news coverage. Somebody is probably playing you on Saturday Night Live for two years, and that elevates you above all the other contenders,” he said.With California a reliably blue state, experts say Newsom’s pick could hold the job for decades. 3685

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