By Robin Shulman
Washington Post Staff Writer
Wednesday, November 28, 2007

NEW YORK, Nov. 27 -- The son of New York philanthropist Brooke Astor pleaded not guilty on Tuesday to charges of plundering his mother's $200 million estate.

Anthony D. Marshall, 83, a former Broadway producer and diplomat, was arraigned in Manhattan Criminal Court on charges including grand larceny, possession of stolen property, forgery and conspiracy against the estate of his mother, who suffered from Alzheimer's disease.

Marshall's former lawyer, Francis X. Morrissey Jr., was also indicted. His lawyer said Morrissey was traveling but would appear in court for his arraignment Wednesday or Thursday.

At a news conference Tuesday to announce the indictments, District Attorney Robert M. Morgenthau said that Marshall and Morrissey "took advantage of Astor's diminished mental capacity in a scheme to defraud her and others out of millions of dollars."

"The motive was greed," Assistant District Attorney Daniel J. Castleman said.

Marshall's lawyer, Kenneth E. Warner, said he is confident his client will be exonerated, adding that Marshall "faithfully and effectively" managed his mother's affairs for more than 25 years and increased the value of her investments.

"Brooke Astor loved Tony, her only child, and whatever he received was in accordance with her wishes," Warner said in a statement.

Astor died in August at age 105. As far back as 2001, she suffered from Alzheimer's and had limited ability to understand complex issues, according to the indictment.

The indictment charges that in January 2004, Marshall and Morrissey conspired to fire Astor's longtime attorney and hire a new one. According to the charges, they had Astor sign an amendment to her 2002 will, changing her plan to provide a $60 million trust for charity and granting it to Marshall instead.

In March 2004, according to the indictment, another amendment was added to Astor's will, directing that her real property should be sold upon her death, which would result in higher executor's fees for her son and Morrissey. The indictment charges that her signature on the amendment was forged.

The indictment also charges that Marshall falsely informed his mother that she was running out of money and induced her to sell a favorite painting, "Up the Avenue from Thirty-Fourth Street, May 1917," by American impressionist Childe Hassam, and took a $2 million commission on the $10 million sale.

Marshall is also accused of stealing from his mother money and works of art, including one by the 18th-century Italian artist Giovanni Domenico Tiepolo.

The most significant charge, of grand larceny, is punishable by as much as 25 years in prison.

The investigation began last year after Marshall's son, Philip Marshall, 54, publicly accused his father of neglecting Astor and of profiting from his role as her legal guardian.

Articles appeared in the New York tabloids saying that the glamorous Astor was sleeping on a stained couch and was fed little more than oatmeal and pureed vegetables.

Several of Astor's friends, including Annette de la Renta, the wife of designer Oscar de la Renta, and David Rockefeller, signed statements supporting Philip Marshall's allegations. A court settlement removed control from Marshall and gave it to JPMorgan Chase, which published a report last year that raised questions about her mental competency in 2003.

Rockefeller, Astor's friend, was surprised and saddened at news of the indictment, said his spokesman, Fraser Seitel.

Judge A. Kirke Bartley Jr. released Marshall on $100,000 bail after he turned over his passport, and ordered him to appear at a court hearing Jan. 30.

Marshall, wearing a grey pinstriped suit, walked slowly out of the courthouse, first holding the hand of his wife, Charlene, then leaning on a gold-topped cane before stepping into his chauffeured black Cadillac. Flashes from the cameras of photographers leaning against the passenger-seat windows illuminated him sitting inside the car, perfectly still and staring straight ahead, his wife still grasping his arm.