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Man who took woman from facility is cleared
Prosecutors say he tried to help victim of stroke
David Collignon is a friend of the woman in care.
By Travis Andersen
Globe Staff

Prosecutors have dropped a criminal charge against a Florida man who removed a woman from a long-term care facility in Newton after she told investigators that he acted at her request, according to a legal filing.

Middlesex District Attorney Marian T. Ryan’s office filed the Aug. 30 document in Newton District Court, dismissing the case against David Collignon, 55, of Middleburg, Fla.

Collignon had been charged with permitting abuse on an elderly person after he left the CareOne facility in May with Beth Birnbaum, now 63, who was receiving treatment there after suffering a stroke that left her with diminished mental capacity.

Collignon’s lawyer, Michael Chinman, has said his client was only trying to help his former girlfriend and friend of 36 years leave a medical facility that she said was providing substandard care.

On Tuesday, Chinman said that Collignon had sold off personal possessions, including a motorcycle, to pay for his legal expenses. “He’s pretty upset and still frustrated that he had to be put through this, but, of course, it is a relief to have the prosecution over,’’ Chinman said.

Collignon could not be reached for comment.

Prosecutors said in the filing that Birnbaum underwent a neuropsychological examination on June 6 and was determined to be mentally competent.

“The Commonwealth has had several conversations with [Birnbaum] and her attorney since the defendant’s arrest, and the alleged victim maintains the defendant acted at her request to remove her from the facility,’’ the filing said. “She does not wish to pursue the matter criminally.’’

Ultimately, “the Commonwealth could not sustain its burden to prove beyond a reasonable doubt that the defendant abused, mistreated or neglected the alleged victim,’’ prosecutors wrote.

Birnbaum is currently being treated at another facility in Massachusetts, Chinman said.

Laura Crimaldi of the Globe Staff contributed to this report. Travis Andersen can be reached at travis.andersen@globe.com. Follow him on Twitter @TAGlobe.