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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) - Astronaut Mark Kelly and Former US Representative Gabrielle Giffords were honored aboard the USS Midway Thursday evening.The Annual American Patriot Award Gala specifically honors, "extraordinary individuals who exemplify the finest of American ideals, recognizing individual acts as well as cumulative lifetime achievement."Kelly said he was transported back to his first day on the Midway when he stepped aboard, "this is like where I grew up, I showed up on this ship, I was 25 years old.:" 545

SAN DIEGO (KGTV) -- When the March of Dimes was founded in the 1930's, the mission was to fight polio, now the focus is to help all women and babies get the healthcare they need.But there are still plenty of obstacles, especially for women of color.Like Winter, who lost a premature baby, "What can we do to bridge the gap to make sure that African-American women have a great chance to experience birth?"According to March of Dimes black women are three times more likely to die from pregnancy related causes than white women. The organization also reports that black babies are twice as likely to die before their first birthday.In San Diego, the inequities also apply to immigrant communities and those who don't speak English.March of Dimes' job is to reach those under served groups.Marta Bills, with March of Dimes San Diego says there are all sorts of ways the organization is trying to promote equality, including increased funding, providing scientific research and even training healthcare providers to tackle bias."To just ensure that they are providing the most respectful and unbiased care they possibly can," Bills said.March of Dimes is also expanding a program that promotes group prenatal care.It was impacted when Covid hit, but local clinics are figuring out ways to start back up again safely.Bills says the groups give women who participate more time with their doctors but also lead to better outcomes overall because patients tend to show up to their appointments more often. 1506

SAN DIEGO (KGTV) — With San Diego County back in the purple tier, religious gatherings have to move back outdoors.The first Sunday back in California’s most restrictive tier and Rock Church held five outdoor services around the county, but this is not new for them. The megachurch moved to live streaming of services at the beginning of the pandemic, then added in outdoor services about six weeks ago.In the red tier, religious services could hold indoor services at 25% capacity or 100 people, whichever was fewer. Point Loma’s Pastor Travis Gibson said during this time, they had the option to move outdoors, but with 7,000 people attending Point Loma’s services alone, it wasn’t worth it.“One hundred people is not even the volunteers so this is the best option,” he said, standing outside after an outdoor service.RELATED: San Diego houses of worship told to move services outside by SaturdayHe said they have anywhere from 50,000 to 75,000 people watching their live streamed services every week, with only about 1,000 people coming to this new outside setup, but they’re happy to be able to give different worship options to their members.“There are so many ways to worship God. Four walls are great. You can control the temperature, you can control the airplanes, you can control the lights, but you don’t need it to worship God,” said Pastor Travis.He said they do not have plans to try to move back inside anytime soon because they don’t want to switch back and forth, so they’re moving slowly and making sure the online and outside services work.RELATED: San Diego County health officials warn local churches about holding indoor servicesNot every church has been as flexible. This is the second time churches were asked to move outside. The first time churches were banned from indoor services in July, at least three San Diego churches were either sent warning letters or cease and desist letters because they refused to move outdoors. ABC 10News is waiting to hear if any churches violated the county orders during this second rollback. 2058

SAN DIEGO (KGTV) -- A woman was arrested Monday afternoon after police say she stole a vehicle with two children inside.Police say Rodney Cole left his 3-year-old son and 8-year-old daughter in his car with the engine and air conditioner running around noon on the 200 block of Euclid Avenue.After he went into a business, a witness reported seeing a woman, later identified as Leslie Saenz, get into the car and drive away with the children inside.Monday night Cole explained the terrifying ordeal to 10News.His 8-year-old daughter, Malaiha, told police she was able to call the police and tell dispatchers that she and her brother Jackson had been kidnapped. "They said, '911 whats your emergency?' and I said, 'me and my little brother got kidnapped,'" Malaiha said. "and (police) said, 'where are you and what can you see?' and I said, 'signs for the Mexico border.'""(The woman) tried to take the phone away from me but I moved away from her, and she said, 'give it to me, or I’m going to drive in circles and take this car and crash into the freeway wall.'"That's when she gave the phone to the woman, but the police acted quickly.  Roughly 30 minutes later after the car was stolen, Border Patrol detained the woman as she was trying to cross the border into Mexico.  Police have since taken Saenz into custody.Cole told 10News he bought the phone for the kids a few months ago, but it's not an activated line. He taught Malaiha how to call 911 on the phone, in case of emergencies. "I'm very proud of her," he said. 1616