Criminal contempt case could be coming against retired judge who fleeced Tuskegee Airman uncle
CHICAGO (CBS) -- There was a new turn Thursday in the case of a late Tuskegee Airman from Chicago who was fleeced by his niece, a former top Cook County judge.
As CBS 2's Chris Tye reported, the Cook County State's Attorney's office is now looking at a criminal contempt case against retired Judge Patricia Martin over her legal play to avoid paying his estate more than $1 million.
Five months before Oscar Wilkerson died, the Tuskegee Airman - who lived his final days at a south suburban retirement center - sued his retired judge niece.
The lawsuit accused Martin of stealing hundreds of thousands of dollars from Wilkerson and converting it into "cryptocurrency that she held in her own name and over which she maintained exclusive control."
Due to her "continued unresponsiveness" to court hearings and orders, a judge ordered Martin to pay three times as much - $1.1 million dollars - to Wilkerson's estate.
But now, Judge Martin is arguing she shouldn't have to pay, since Wilkerson is now dead.
"The plaintiff's death," her lawyer writes, "suspend[s] the court's jurisdiction" in this matter.
"They're making a technical argument – frankly, it may have merit - that because the plaintiff died while this proceeding was pending, there is no proper plaintiff - and if there is no proper plaintiff, the lawsuit can't proceed," said CBS 2 Legal Analyst Irv Miller.
Miller said the move by Martin may be a stall tactic - as just this week, Martin admitted to the Illinois Supreme Court on the matter of her disbarment, which admitted in this case, "the evidence would clearly and convincingly establish the facts and conclusions of misconduct."
But in Cook County civil court Thursday, we learned the State's Attorney's office plans to bring a criminal contempt case against Martin.
"For someone like that to commit a crime against a senior citizen - with thousands and thousands of dollars at stake?" Miller said. "Those are what we call aggravating factors that a judge would consider in imposing a sentence – if, in fact, she is ever accused of this crime."
Friends of Wilkerson tell CBS 2 they're disgusted.
"We all know judges aren't broke. They make good money," said Ken Rapier, a friend of Wilkerson's. "So why would she steal from a retired Tuskegee Airman?"
What's next? The States Attorney's office and the Illinois Attorney General are investigating – and possible felony charges could be coming ahead of the judge next court date on that civil suit, which is slated for late next month.
We have reached out numerous times to Martin and her attorneys. They have declined our requests for comments or interviews.
