Kidnapped woman's family says $13,000 transferred from her account

NEWTON, Mass. — Two very different stories are emerging after a Florida man allegedly took a woman from a Newton care facility.

David Collignon appeared in court Friday morning on charges of assault and battery on an elderly or disabled person by a caretaker.

Beth Birnbaum, who recently suffered a stroke, went missing from Care One Health Care Facility in Newton Tuesday afternoon and was found at Mass. General Hospital Thursday night. Collignon brought her there.

Police had said Collignon kidnapped her, but he claimed Friday morning she "feared for her life, she needed to get out of there."

"We tried everything. I called every agency I called everyone, filed a complaint, tried everything...everyone just kept shuffling me," said Ross Collignon, David's brother

Ross Collignon said in court that David Collignon took Beth directly to Florida Tuesday, but brought her back when police threatened to charge him with kidnapping.

Collignon's attorney said he brought Birnbaum to MGH but believes she is mentally competent and wanted out of the health care facility in Newton.

POWER OF ATTORNEY DISPUTE

According to a police report, Birnbaum's brother, Jeffery, says Collignon sent him notarized documents in April naming himself as Beth's power of attorney -- allowing him to act on her behalf.

Jeffery Birnbaum, however, claims Beth was 'incompetent' due to her medical condition and could not have legally consented to these documents. The police report states Jeff told Collignon he didn't believe the documents were valid, which led to Collignon refusing to speak to Jeff further.

Jeffery Birnbaum allegedly told police he checked Beth's bank accounts and found $13,000 had been transferred from her money market account to her checking account. Jeffrey Birnbaum said it was a phone transfer, a move he said Collignon would've had to make -- noting Beth has been difficult to understand by phone since her stroke.

According to the police report, Jeff says Beth's estate is worth about $2.5 million.

After hearing from both sides Friday, the judge allowed Collignon to be released on his own recognizance, but ordered him to stay away from Birnbaum.

Cox Media Group