Fair. Trusted. Reporting in Rappahannock County and across Virginia’s Piedmont.

Donate

In partnership with the

Elderly woman can’t testify from nursing home, new charge delays embezzlement case

by | Apr 28, 2026

Close up on the scales of justice on a small bronze statue over a blue background with copy space conceptual of law and order
(Courtesy/Adobe Stock)

An additional felony charge prompted a continuance Tuesday in the case of a Sperryville woman accused of financially exploiting an 89-year-old woman, days after a judge denied the prosecution’s request to allow the elderly woman to testify remotely from her nursing home.

Public defender Mary Swanson said her client, Patty Jenkins, 47, recently received a new charge of exploitation of a vulnerable adult involving more than $1,000, along with new evidence given to her late Monday afternoon that was not disclosed in court. 

Jenkins was originally charged in October following a three-month investigation by the Rappahannock County Sheriff’s Office into allegations that she misused funds while serving as power of attorney for the alleged victim, Nellie Alther.

According to court records, Jenkins is accused of writing checks to herself, forging Alther’s signature and using her money for personal expenses, with the account balance dropping from approximately $145,000 to just over $3 during the period in question.

Commonwealth’s Attorney Art Goff said Tuesday he had no objection to the continuance, noting the prosecution had already requested two prior delays.

The continuance follows a hearing last Thursday, when Assistant Commonwealth’s Attorney David Walls appeared in Fauquier County District Court and asked the court to allow Alther to testify via video from her nursing home, citing her declining health and provisions under the Americans with Disabilities Act.

“A continuance may be detrimental for her,” Walls said, adding that attorneys from both sides could be present with Alther during remote testimony. He acknowledged Jenkins’ Sixth Amendment right to confront her accuser but argued the threshold is lower for a preliminary hearing. 

Alther’s nephew and current power of attorney holder, Wade Frazier, of Sperryville, testified about her physical limitations, describing her as largely bedridden.

“It takes three to four people just to get her in a wheelchair,” he said, adding that she required ambulance transport to and from a recent hospital stay.

Swanson challenged whether the prosecution had shown the victim was unable to appear in person.

“Your honor, is she disabled or ill?” Swanson asked, arguing the commonwealth had not established that Alther was permanently unable to attend court.

“He said it’s very difficult, but not impossible,” Swanson said. “Mrs. Jenkins may be facing serious time, and it’s important for her to be able to confront the witness.”

District Court Judge Jessica Foster denied the request, ruling the commonwealth had not provided sufficient evidence that Alther was absolutely incapable of appearing in person.

After the hearing, Frazier expressed disappointment with the decision.

“I’m very disappointed in that,” he said.

 

 

Author

  • Ireland Hayes

    Ireland joined Foothills Forum as a full-time reporter in 2023 after graduating from the University of Georgia’s Grady College of Journalism and Mass Communication with a degree in journalism and minor in music. As a student, she gained valuable experience in reporter and editor positions at The Red & Black, an award-winning student newspaper, and contributed to Grady Newsource and the Athens Banner-Herald. She spent three years as an editorial assistant at Georgia Magazine, UGA’s quarterly alumni publication, and interned with The Bitter Southerner.
    Growing up in a small town in Southeast Georgia, Ireland developed a deep appreciation for rural communities and the unique stories they have to tell. She completed undergraduate research on news deserts, ghost papers and the ways rural communities in Georgia are being forced to adapt to a lack of local news. This research further sparked her interest in a career contributing to the preservation of local and rural news.
Republish License

Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.

By Ireland Hayes

Read more articles by Ireland Hayes
Ireland joined Foothills Forum as a full-time reporter in 2023 after graduating from the University of Georgia’s Grady College of Journalism and Mass Communication with a degree in journalism and minor in music. As a student, she gained valuable experience in reporter and editor positions at The Red & Black, an award-winning student newspaper, and contributed to Grady Newsource and the Athens Banner-Herald. She spent three years as an editorial assistant at Georgia Magazine, UGA’s quarterly alumni publication, and interned with The Bitter Southerner. Growing up in a small town in Southeast Georgia, Ireland developed a deep appreciation for rural communities and the unique stories they have to tell. She completed undergraduate research on news deserts, ghost papers and the ways rural communities in Georgia are being forced to adapt to a lack of local news. This research further sparked her interest in a career contributing to the preservation of local and rural news.