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Brooke Astor’s son heads to prison after judge rejects appeal

Posted at 4:39 PM, Jun 21, 2013
and last updated 2013-06-21 16:44:28-04

AstorLady

NEW YORK (PIX11) – Anthony D. Marshall, the son of Brooke Astor, is headed to prison to begin a sentence for stealing millions of dollars from his mother during her final years of life.

Marshall’s troubles began in 2006, when his son, Philip, announced that his father had illegally enhanced his finances from Mrs. Astor’s fortune.

He was then convicted in 2009, along with the Astor’s family lawyer Francis X. Morrissey Jr., of stealing millions of dollars from his mother, who had been suffering from Alzheimer’s disease.

Prosecutors say the two men tricked Mrs. Astor, who was 100 years old at the time, into changing her will to have her son receive millions of dollars after she died in 2007.

Anthony Marshall

Anthony Marshall in the courtroom. (Photo Credit: Kenton Young)

In 2009 Marshall was given three years in prison but remained out on appeals, the last of which he used up Thursday when New York’s highest court declined to review his case.

Morrissey was sentenced to prison Thursday, while Marshall had his last hearing Friday afternoon and was later taken away by court officers.

But why was the man who stole money from his sick mother given an extra day of freedom?

The New York Daily News claims Marshall’s lawyers tried to “convince the state Appellate Division to toss his prison sentence because of his poor health.

One of [Marshall’s] lawyers, Kenneth Warner, said their application was ‘based on Mr. Marshall’s seriously deteriorated medical condition in the three-and-a-half years since he was sentenced in 2009, and on his doctor’s opinion ‘to a high degree of medical certainty,’ that incarcerating Mr. Marshall at this time in his condition would bring about his death.’ ”

Prosecutors say that correctional officials were sending Mr. Marshall, who suffers from Parkinson’s disease and heart problems, to one of the state prison system’s five regional medical units.

Anthony Marshall

Anthony Marshall in the courtroom. (Photo Credit: Kenton Young)