Persistance and Tenacity, requires a new chapter, a new beginning....

Tuesday, September 8, 2009

Ott's charged and walks out on own recognizance right into me...

Former Kern Valley Healthcare District CEO/Administrator, Pamela Ott, shown in court today facing charges of elder abuse and conspiracy charges for her role in the skilled nursing facility scandal which resulted in charges against a doctor and director of nursing.
(Court room pictures provided by KGET Channel 17 in Bakersfield)



As I rushed to get to the courtroom this morning at the Kern County Superior Court, I was but five minutes late and cursing myself as the overly attendant security system resulted in almost a strip search.

After retrieving my watch, keys, phone, and not the camera, I caught the trail of a bright young reporter on his way to the court room to see our former CEO brought up on the charges.

It was six months later, Feb. 20 of this year, being the date of the original charges being brought against the hospital, and the reporters from the Bakersfield region had no idea what was going on and who this person was and what her appearing in the case suddenly represented.

Note here, this is not an indictment, as much as I prefer the sound of "indictment watch" to " felony complaint watch" or "lawbreaker watch," it gives you the reader incorrect idea.

Indictment is what I tried to do in June of 2007, when I contacted the grand jury, we had a little teeny weeny investigation, and hands shook, but nothing happened.

These charges emanate from the state department of justice, so it's not an indictment as such. (Darn.)

Anyway, I find my way to the court practically knocking people down in my path: there are way too many people in the legal system, the walls were packed like sardines, lawyers, crying babies, crying lawyers, worried looks, and the murmur of plea bargaining and attorneys fees and ...a lot of pacing in the narrow hallway.

I quickly opened the door to the court room extremely certain I was not going to find Pam Ott in shackles as was done to the first three defendants as we all got to see their images blasted everywhere.

No, I opened the door in between the court and the haul, the vestibule and the other door opened, and I literally "ran into" Pam Ott, no exaggeration.

When the two doors closed it was quiet and we looked at each other. It felt like a confessional. There was no real emotion between us, just an understanding that what she did to the community was not going away, because way too many of us know what she did.

It was real to both of us as we stood there. I would say Ott almost had a look of resignation.

But that's timing folks and that's Karma.

As she went outside a free woman, charged, fingerprinted, but no bail, no shackles, no real public embarrassment for the person most responsible for what happened in the nursing center in 2006/07 at the KVHD hospital, I opened to the door to the court and looked at least 30 people in jumpsuits inside waiting to be heard.

Like I predicted last night on the blog, the "Martha Stewart" treatment.

First thing I did when I got home was to put a call into the Department of Justice Press office and ask why was Ott treated differently. I'm still waiting on my response.

What was different about all those people in the court room, in shackles, and jumpsuits? They didn't have enough money. Its that simple.

Pam Ott is being represented, by criminal defense attorney, Jim Faulkner, of Bakersfield. And she apparently made some sort of deal for the white collar treatment she got.

Dr. Pormir and Gwen Hughes also appeared but with the additional defendant, Ott, the case has been postponed until Nov. 3 and 4.

Dr. Pormir got his passport back today and Gwen Hughes quickly wheeled by me in her wheelchair which was another dejavu moment.

The last time I saw Hughes she was at the nursing center Christmas party. She raced by me then, saying she had a security problem, and then I find out from Pam Ott, that she had hit two board members with her wheelchair trying to get them out of the SNF.

Ott, in an email, thought the incident funny, but even now as that moment today with Gwen, it reminded me of how crazy it had gotten at the hospital. Trying to keep people out of the nursing center because of fear of being caught with your staff down.

Two of the defendants showed up for this, another continuance, which costs money, and neither have left the country or tried to flee.

Now, Ott left the Kern River Valley though in May of 2007: she fled. She got a reference from the chairman of the board and went up to meet friends in Reedley, CA, at the Sierra King District hospital.

The only provision given for Ott is not to work in a facility with a nursing center. ???

Now she hasn't been charged with such an act, but she falsely claimed to be more than a Registered Nurse. She even ordered medical treatment.

Her credentials are shaky at best for administration.

Yet, somehow, she is less of a risk.

So, I met up with Faulkner, Ott's attorney, sort of, in the felony department of this legal retail outfit called superior court.

Faulkner was telling another reporter that Ott was brought up on all the charges the others were, though we could not get the paperwork, and elucidated the mistake about this being a grand jury indictment.

Ott's attorney went on to literally wave his hand dismissing any notion this was a big thing in regard to the Ott case. Of course, he was talking to a reporter with no background on the situation, he was trying to chase off or at least subdue any interest on the part of the press. That's what attorney's do.

I listened intently standing at the counter wondering what he might say next. Let out the rope and see what happens.

Sorry, I couldn't take much more of it, so I introduced myself, "hi, I'm Laura Hart." (that's one heck of a calling card these days. It is kind of like when 60 minutes used to show up, same nauseous feeling I'm sure.)

His face fell, chin dropped, and then the evil eye, then retreat back to the other reporter. I asked him where Pam was and that I wanted some pictures, it was a facetious question of course.

He knew who I was, but I guess he didn't expect me to be standing there watching him posture for the press who knows nothing.

Then I said, I don't think you have a good case, in fact I know you don't.

I think he will be a good attorney for Ott though, as I asked again about her whereabouts for a photo op, he moved his large frame quickly in my path.

(I'm sure I'll get no more information from him other than that eavesdropping session, but it was worth it just to see his face do those things.)


Ott was fingerprinted but never entered the jail or was otherwise incarcerated at any point.
I found Dr. Pormir, who cannot speak to any questions involving the case, but he can listen and not respond.
Finally, I told him, the right person is being charged in this case. I said, you know it and I know it.
Here is the press release from those "bad boys" of PR, at the attorney general's office. I must say, I like it. Again, except the part about the release of Ott.
Brown Files Criminal Charges Against Former Nursing Home Administrator in Kern Valley Elder Abuse Case
Bakersfield - Attorney General Edmund G. Brown Jr. announced that Kern Valley Hospital administrator Pamela Ott was charged on eight felony counts of elder abuse today for allowing staff to forcibly administer psychotropic medications to patients for their own convenience, rather than for their patients' therapeutic interests. These actions are alleged to have resulted in the deaths of three nursing home residents. "As hospital administrator, Pamela Ott, was ultimately responsible for safeguarding the welfare of her patients," Brown said. "Instead, Ott abdicated her responsibility and allowed the staff of the Kern Valley Hospital to forcibly sedate patients who questioned their care." Brown the charges against Ott in Kern County Superior Court. She surrendered herself in court this morning and pled not guilty. She was released on her own recognizance on the condition that she not run a skilled nursing facility. A preliminary hearing is set for November 4, 2009. Today's charges are in addition to those filed in February 2009 against: - Gwen Hughes, the former Director of Nursing at the skilled nursing facility of the Kern Valley Healthcare District in Lake Isabella, Kern County on charges of elder abuse and assault with a deadly weapon. - Debbi Hayes, the former pharmacist at the Valley Healthcare District, on charges of elder abuse and assault with a deadly weapon. On August 14, 2009, Hayes pled no contest to a felony charge of conspiracy to commit an act injurious to public health. She is a cooperating witness for the people. - Dr. Hoshang Pormir, a staff physician at Kern Valley Healthcare District, who was serving as the medical director of the skilled nursing facility, on charges of elder abuse. As the Administrator of the Kern Valley Health Care District, Ott hired and supervised Director of Nursing Gwen Hughes. Upon taking over in September 2006, Hughes ordered that Alzheimer's and other dementia patients be given high doses of psychotropic medications to make them more tranquil and easy to control. She ordered the administration of these medications to patients who argued with her, were noisy, or who were otherwise disruptive. Two patients who resisted were held down and forcibly given injections. Ms. Ott was informed of these actions and allowed them to continue. Hughes is also alleged to have directed Debbi Hayes, the hospital pharmacist, to fill prescriptions for psychotropic medications. Hayes wrote and filled these prescriptions without first obtaining a doctor's approval. Dr. Pormir approved these psychotropic medications only some time after they had been administered and without examining the patients first and determining whether these psychotropic medications were medically necessary. Several of these patients are alleged to have had medical complications as a result of being given these psychotropic medications, including lethargy and the inability to eat or drink properly. It is believed that three patients died and one patient suffered great bodily injury as a result. The investigation Kern Valley Healthcare District operates a small community hospital and skilled nursing facility in Lake Isabella. The case came to the attention of authorities in January 2007, when an ombudsman reported to the Bakersfield office of the California Department of Public Health that a patient in the skilled nursing facility had been held down and given an injection of psychotropic medication by force. The Department of Public Health immediately sent an investigative team with a doctor, a nurse, and a doctor of pharmacology. They determined that 22 patients, including some who were suffering from Alzheimer's at the skilled nursing facility, were being given high doses of psychotropic medication not for therapeutic reasons, but to simply control and quiet them for the convenience of the staff. The Department of Public Health issued a Certificate of Immediate Jeopardy which resulted in the immediate dismissal of the Ms. Hughes. The matter was then turned over to the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse. Special Agents from the Bureau of Medi-Cal Fraud and Elder Abuse began a year-long investigation, with the co-operation and assistance of the Department of Public Health and the administration of the Kern Valley Healthcare District. A search warrant was served on the facility in August 2008, resulting in the seizure of numerous medical files and records. If convicted, all defendants could face up to 11 years in prison. The case is being prosecuted by the Attorney General's Bureau of Medi-Cal Fraud and Elder Abuse, with the co-operation and assistance of the Kern County District Attorney's Office. To view the news releases issued February 2009 about this case, go to
http://ag.ca.gov/newsalerts/release.php?id=1682&. To report elder abuse or Medi-Cal fraud, call the Bureau of Medi-Cal Fraud and Elder Abuse's hotline at (800) 722-0432. The complaints are attached.
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You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at:
http://ag.ca.gov/newsalerts/release.php?id=1798
(I didn't format the press release, but I did spell check it for them. Only two mistakes. Good job PR guys.)
More of today's story to come and more pictures. Who was there?

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