BY ROD HANSEN
A local case of elderly neglect has led to the state’s first conviction under a law passed in 2002. Danna Folden, 50, of 22 Westwood Drive, Goffstown, pleaded guilty on Thursday, Dec. 14, to a felony charge of criminal neglect in the 2005 death of her mother, Mary.
Hillsborough County Superior Court Judge Philip Mangones sentenced Folden to a year in jail and two years probation for the crime.
Other conditions of Folden’s sentence include counseling and treatment, a tour of the New Hampshire State Prison and 200 hours of community service. She is also forbidden from serving as a caregiver for an elderly, disabled or impaired adult for 10 years.
A state Attorney General laid the responsibility for Mary Folden’s death solely on Danna Folden in a statement released the day of the conviction. “Danna Folden was responsible for all her mother’s daily needs to include food, medicine and personal hygiene,” said attorney Tracy Culberson of the New Hampshire Attorney General’s Elder Abuse and Financial Exploitation Unit.
“As (her mother’s) sole caregiver, Danna Folden had certain responsibilities she failed to meet, and as a result her mother died from a condition that was preventable had she received the degree of care that a reasonable person would have provided in the same situation.”
The charges against Folden stem from an incident in January 2005. Folden called rescue personnel to report that her 91- year-old mother was having difficulty breathing in the home they shared.
A rescue crew and members of the Goffstown Police Department arrived to find Mary Folden unconscious and wearing an adult diaper smelling of urine and ***, according to a information from the Attorney General’s office.
Officials described the conditions inside the home as filthy, with an indoor temperature of approximately 50 degrees.
A medical examination also uncovered evidence of neglect on Mary Folden’s body.
When she arrived at the hospital, Folden’s body temperature was reportedly 94 degrees and she showed signs of a significant infection.
An open wound on Folden’s lower back measured approximately 3 inches by 7 inches, with a depth of approximately 1 inch in places, and reeked of rotting flesh, according to a report.
Mary Folden died within four hours of being admitted to the hospital, with medical staff suspecting elder neglect to be a contributing factor. In compliance with the state’s mandatory reporting law, they contacted the medical examiner’s office and the Bureau of Elderly and Adult Services.
An autopsy showed Mary Folden weighed 78 pounds at the time of her death, and the cause of death was determined to be suppurative leptomeningitis. An Attorney General’s report states the disease entered Folden’s body through the wound on her back and traveled through her spine into her brain, which caused her death.
The state was prepared to present expert testimony that antibiotics would have cured this condition if treated properly.
The state Attorney General said the Folden case represents law enforcement’s committment to protecting the elderly.
“New Hampshire will not tolerate mistreatment of these vulnerable members of our community,” said New Hampshire Attorney General Kelly Ayotte.
“The investigation and vigorous prosecution of those who take on the duty to care for the elderly, disabled or impaired adults in our community and who then violate that public trust by criminally mistreating these vulnerable people is a high priority for my office.”
Danna Folden’s conviction comes under RSA 631:8, which states that a caregiver who purposely or recklessly causes serious bodily injury to an elderly, disabled or impaired adult by neglect will be charged with a felony.
The Attorney General’s office requests that anyone with knowledge of such a case contact the Bureau of Elderly Services at (800) 949-0470.