Old Mission couple bound over on embezzlement charges

Mar. 9—TRAVERSE CITY — A local man, accused of embezzling as much as $800,000 from a doctor diagnosed with Parkinson's disease, was taken into custody during a court hearing after a judge said the man had violated bond.

"Mr. Martin, you are remanded," 86th District Court Judge Robert Cooney told David Martin during a bindover hearing Friday afternoon.

"Take a seat," the judge continued, pointing to a spot on a bench near a bailiff.

The bailiff instructed Martin to extend his arms "as if you're going to fly," before attaching restraints.

"And by the way," the judge said, "those foundations are the ones he was actually stealing from because Dr. Ambrosini left his money, or a great portion of it, to them, so that's who he's stealing from."

The judge's decision to remand Martin to Grand Traverse County Jail came at the close of a bindover hearing, where Cooney said there was enough evidence against Martin and his wife, Ellen Martin, to send the felony case to circuit court for trial.

David Martin is charged with one count of embezzlement of more than $100,000 from a vulnerable adult, one count of attempted embezzlement of more than $100,000 and one count of embezzlement of more than $20,000 by an agent or trustee.

Ellen Martin is charged with one count of embezzlement from a vulnerable adult.

The Martins have both pleaded not guilty.

Court records show how the Old Mission Peninsula couple in 2019, were hired to care for Jay Ambrosini, an Illinois radiologist who, before he died in 2021, had a net worth of about $12 million and owned homes in California, Illinois and in northern Michigan on the Duck Lake Peninsula.

Dan Olsen, a Grand Traverse County assistant prosecutor, on Friday asked the judge to reconsider David Martin's personal recognizance bond, after he said Martin had contacted staff with certain beneficiaries of Ambrosini's trust, including Interlochen Arts Academy.

"Mr. Martin's conduct specifically has been of a harassing nature," Olsen said. "The People would be asking for a revision of bond."

Martin is represented by attorney William Burdette, and the judge also appeared put out that Burdette was court-appointed, after Olsen said sheriff's deputies serving search warrants noted a new recreational vehicle and two luxury automobiles — a Mercedes and a Jaguar — at the Martins' home.

"If he has a Jaguar sitting in his driveway, why is this a zero bond?" Cooney asked. "Usually we don't have people with Mercedes and Jaguars receive appointed attorneys."

During a preliminary hearing in January, Ambrosini's longtime financial manager, Art Busby, testified that Ambrosini, whose mobility was severely limited by Parkinson's, was afraid of the Martins.

Busby said Ambrosini told him the Martins threatened to put the doctor in a nursing home if he didn't do what they told him, including giving David Martin signed blank checks.

Olsen, also during the preliminary hearing, presented financial evidence gathered by Jarrod Bilacic, a detective sergeant with the Grand Traverse County Sheriff's Office.

One prosecution witness, Donald Crossley, a registered nurse and owner of a home health care agency, said he provided Ambrosini with a burner phone after the doctor said David Martin was monitoring his calls and visitors.

Ambrosini used the phone to call Busby, who testimony showed helped orchestrate a plan to have David Martin removed as Ambrosini's power of attorney and paid caretaker.

Defense attorneys previously questioned whether Ambrosini was a vulnerable person, referencing evidence, some from the prosecution, showing the doctor was able to hire attorneys, take rides on a golf cart and make stock trades.

But Cooney said this argument was inconsistent with the Martins' efforts to get guardianship over Ambrosini, by filing a petition in probate court which portrayed Ambrosini as an invalid.

That petition was later withdrawn, records show.

Cooney also referenced a March 2021 phone call from Busby to the Martins, informing them their services were no longer required, in which Busby said the Martins responded by yelling, "You can't do that, that's our money, we deserve it."

Olsen on Friday told Judge Cooney that evidence showed David Martin called Interlochen Arts Academy, and at least one other Ambrosini Trust beneficiary, and said they wouldn't get their money because of certain actions by Busby.

During previous testimony it was evident there was an animosity between Busby and David Martin, although Cooney on Friday characterized Busby as "a very reliable witness, a reliable source," before remanding David Martin to jail.

Ellen Martin, who is represented by attorney Shawn Worden, remains free on bond. A trial date in 13th Circuit Court has yet to be scheduled.