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Man Accused Of Taking Woman From Newton Assisted Living Facility Denied Visit Request

NEWTON (CBS) -- The man accused of taking a woman from a Newton assisted living center without her permission last month wants to be able to see her again, but a judge denied him Tuesday.

David Collignon has said he took his friend, Beth Birnbaum, from the facility because he "feared for her life and she needs to get out of there." Collignon dropped Birnbaum off at Massachusetts General Hospital later that week.

Collignon was arrested and charged with abuse as a caretaker for taking Birnbaum without permission and without the consent of her health care proxy. He was released on his own recognizance the next day, with a judge ordering him to stay away from Birnbaum.

On Tuesday, Collignon's lawyer read a letter from Birnbaum in which she asked for the order to be lifted. In the letter, Birnbaum wrote of Collignon, "He's a good man who wouldn't hurt me."

Birnbaum Collignon
David Collignon and Beth Birnbaum (WBZ-TV)

David Collignon previously said Birnbaum begged him for weeks to get her out of the CareOne facility.

But the judge decided to keep the stay-away order in place. Collignon's brother, Ross, told WBZ-TV's Anna Meiler they were both upset at the denial.

"They've been devastated, they've been looking forward to today now for over a month, waiting, thinking today would be the day it was lifted," said Ross Collignon. "Beth's wanted to be here, but physically she couldn't make it this morning."

Ross Collignon said he doesn't understand why Birnbaum's letter saying David took her upon her request and stating that she was competent at the time did not change things.

"I just don't understand the whole process, and why they're doing things the way they're doing," he said.

Birnbaum suffered a stroke in January and, according to court documents, did not have the capacity to make her own decisions.

Last month, court documents also mentioned a concern that Collignon had a financial motive, with Birnbaum's estate worth $2.5 million. According to those documents, $13,000 had recently been transferred from one of Birnbaum's accounts into her checking account.

Collignon is due back in court August 9.

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