Woman indicted on forgery and theft charges

A Clark County grand jury indicted a woman this week on multiple charges, including three counts of falsifying orders of District Court judges.

Marilyn “Monroe” Toston, 39, is accused of falsifying orders of Judges Kathy Hardcastle and Michelle Leavitt so she could gain access to her disabled son’s secure trust fund.

The grand jury indicted Toston on three counts of forgery and seven counts of theft, among other charges. The indictment was returned today.

County prosecutor Michael Staudaher said Toston stole more than $290,000 from her son’s trust fund between June 2004 and August 2006. She is also accused of pawning a $50,000 vehicle modified for her 13-year-old son for $5,000 in Las Vegas.

Toston is living in Florida. Her Las Vegas attorney, David Phillips, could not be reached for comment Wednesday.

The case stems from a 1998 medical malpractice lawsuit Toston filed against several doctors and local hospitals. The lawsuit alleges that her son was injured when she gave birth to him and the doctors were negligent.

It states that her son James suffers from brain damage, is legally blind and partially deaf.

As part of the lawsuit, a trust fund was set up for James, authorities said. Money in the trust fund is accessible only with the court’s permission.

Authorities said Toston forged the judges orders so she could gain access to the trust fund and spend money on herself.

In June 2004, her son was admitted to the Florida Institute for Neurologic Rehabilitation Inc. According to a March 27, 2008, letter sent to the court by the institute, the center stopped receiving payment from the trust fund for James’ care in 2007.

The director of accounts receivable for the institute, Elizabeth Rock, wrote that the institute didn’t know whether James should be returned to Nevada.

“We feel this young boy has been simply abandoned at our facility,” she wrote.

Contact reporter David Kihara at dkihara@reviewjournal.com or 702-380-1039.