From "Best Country" news clarification to the Ott connection...Will there be true Justice?

Well, it looks like "smooth news" Scott Costa, put up a story today on the KCNQ "Best Country" radio website which needs some elaborating and correcting. It looks like it was changed earlier in the day though.
(Considering, Bob Jamison, is both country and KVHD, he may have been able to help with the article, not the spelling of course.)

It's been a weird day today, as the first thing I heard upon waking was about this article on the QAB "Best Country" website, and I believe it went into broadcast as well.

The gist of the article is the upcoming dates of the defendants in the "Kern Valley Healthcare District" elder abuse scandal. I will continue to call it the KVHD scandal, as not one or two or even three were responsible for things that are alleged to have happened in the skilled nursing facility: there was a chain of command.

I've been watching the Kern County Superior Court site, getting ready to bring cameras to the preliminary hearings and suddenly, a week before the hearings, next week Aug. 18/19, an extra charge was brought against defendant, Pharmacist, Debbi Hayes.

It wasn't on the county website last week, and nobody seemed to know about it, or have any particulars. However, Costa or someone at the QAB, caught it, but didn't bother making a call to clarify the information. According to the press office with the department of justice, this is not the correct language for the charge as stated in the article.

QAB news article:

Former Hospital Employees Due In Court Aug. 18th
The two employees and the one former employee of the Kern Valley Hospital that were arrested in February are scheduled to be in court in Bakersfield next Tuesday at 9AM for a Pre-Preliminary Hearing and then will be back in court the following day, August 19th, at 8:30AM for a Preliminary hearing. Gwen Hughes, the former Director of Nursing, is charged with 8 felony counts of causing harm or death to an elder or dependent adult and 2 counts of assault with a deadly weapon other than a firearm or bodily injury by force. Dr. Hoshang Pormir, a former staff physician at the hospital, is charged with 8 felony counts of causing harm or death to an elder or dependent adult and Debbi Hayes, a former pharmacist, is charged with 8 felony counts of causing harm or death to an elder or dependent adult, 2 counts of assault with a deadly weapon other than a firearm or bodily injury by force and 1 count of conspiracy to obstruct justice.

According to the Department of Justice press office, the charge is actually conspiracy to commit any act injurious to the public health, 182 (A) (5). Chapter 8, California Penal Code, Conspiracy:

182. (a) If two or more persons conspire: (1) To commit any crime. (2) Falsely and maliciously to indict another for any crime, or to procure another to be charged or arrested for any crime. (3) Falsely to move or maintain any suit, action, or proceeding. (4) To cheat and defraud any person of any property, by any means which are in themselves criminal, or to obtain money or property by false pretenses or by false promises with fraudulent intent not to perform those promises. (5) To commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.

But what struck me as odd is the conspiracy part. "If two or more persons conspire" is part (A), but Hayes is only one of three. And the other two defendants at this point do not have this particular charge filed against them. Why Hayes?

So, I asked the DOJ, how could you have only one person charged with a conspiracy? Initially, I was told that I could get no more information on the case except to pick up the paperwork at the Kern County court. Which I hope to have by the end of the week. (Or sooner, maybe someone from QAB could run down and get that for us.)

I then asked her to find out, "generally", not specific to KVHD, but generally do they charge a single individual with this count? It just didn't seem to make sense.

She reluctantly agreed to look into it and call me back.

I called the hospital, the counsel for the hospital board, and they had not heard about this extra charge against Hayes and could not elaborate.

But what happened next is what makes this so interesting. While I was waiting for my call back from the DOJ press office about the conspiracy charge against Hayes, I received a phone call from the DOJ investigative office. (Other people were contacted today by DOJ I have heard)

And the investigator wanted to know what I knew about Pam Ott's role in the skilled nursing disaster as there is an investigation under way. Finally.

So, the story doesn't stop here, with three defendants headed to court next week, a new conspiracy charge, and investigations into Pam Ott, we need to see where this is going. Not to be cynical, but we've called for help here many times, and the government answered with a skewed investigation and other agencies just turned their backs. The community though stunned by huge local headlines, still stays in the background, often stubborn and unwilling to believe and more unwilling to act.

But, folks, the chance for justice may have taken a long time coming, and many people were hurt while it dallied, but it seems, there's a chance, another investigation, another look at the situation. I pray that the DOJ can live up to being called the department of "Justice."

I hope they are willing to follow through past Ott up the chain of command.

Can the DOJ make this right? This is at least the right direction, from the top down, not the other way around.

I'll keep you updated...we have much to discuss.

SORRY, about the board meeting story, there will be no pictures until we can figure out the new software. But I'll get the quotes and article up soon. Then I'll put up pictures. We all know how much I love those pictures.