The Preliminary Hearing in Kern Hospital Elder Abuse Case begins: media gets the axe

KVHD Elder abuse preliminary hearings...

The California Attorney General Jerry Brown's elder abuse case against former employees of the Kern Valley Healthcare District began it's preliminary hearing today at the Kern County Superior court and I was asked to leave...let me explain, if I can, the day I had...

I arrived for court this morning to find all the defendants, former KVHD CEO, Pam Ott, Dr. Hoshang Pormir and Gwen Hughes chatting with their attorneys, Jim Faulkner (Ott), Gwen Hughes (Bruce Blythe) and Donald Etra (Dr. Pormir).

Last Friday I had filled out my media release to film in the court room and I explained that to the bailiff, who then allowed me in to film.

As we filed into the courtroom, Ott and her friends, likely her mother and sister, sat behind me, "hey let's sit behind Laura Hart," she said.

I ignored the remark and began fiddling around with my camera and kept looking for my pen which eluded me all day.

As is usual in court, 8:30 turned into 9 am, and then the judge called the case #BF126665 A, C, D, to come back at 1:30 in the afternoon. Steve Muni, representing the state in the case, asked the judge that they proceed today as there was a witness on hand to testify. With that said, we all left and went our own ways.

We were whisked in and out in all of five minutes, and I had taken, maybe 30 seconds of video.

I went off to attend a doctor appointment, early, as I had expected to go later in the day, had something to eat and came back.

When I came back Ott and her friends were sitting outside the court and I walked up and took a few seconds of video while Ott acted as she can do, friendly, asking me how my health was doing. I wasn't interested in being drawn into a fake conversation or anything else, so I went inside while she was still talking.

When I arrived I again got out the camera and was taking some footage of the court room door as Gwen Hughes sat quietly, alone, in her wheelchair in the hallway. (I'm not using any of the photos I took inside the courtroom as I'll explain)

Two Deputies approached me and said I had filmed without permission and put it on KGET the noon news. I was told I had to take my camera and recording equipment out of the courthouse.

I explained to them I had not used any of the film as if there was any to use, and that I was at my doctor during the break. Can't argue with people in uniform, but I did end with it wasn't me who did the filming and broadcasting, I'm on the Internet.

Off I went, left camera friend behind, and returned to deal with the situation. I filled out another media release, as I was told I did it wrong too.

I had my notebook and that's all I needed, so we all went into court at 1:30 pm and the judge did some juggling of the schedule so that they could move on with the preliminary hearing.

But before we went on, Ott's attorney, Jim Faulkner, told the judge that I had filmed without permission, and it was broadcast.

Judge Lua, apparently looking at my paperwork, denied me permission to film or record anything. Then KGET had a media release, and the judge asked the defense attorney's what they thought about having cameras if it would be "fair" to their clients. They didn't want the cameras.

So, the judge denied the second media release, meaning the preliminary will likely go without coverage.

I was dumbfounded as to this turn of events. The judge had me stand up while he denied my release, I didn't respond, as I wasn't sure why he was doing this, so I didn't have much to say, except, "Okay, your honor."

But then Steve Muni reminded the judge of my blog, and that I had sent in some evidence, and that I may called later as a witness.

The judge responded by asking the defense attorneys if they would be calling me to testify, and they responded, "yes."

So, am I a witness for the prosecution?

If I am then I would be happy to answer anything the defense would like to ask me. I have nothing to hide, except maybe some embarrassment, and have no fear of taking the stand.

What I've learned about liars is that they have to think about the story, I don't, as you may notice from this blog being hopelessly redundant: I lived it.

Put me under oath as I've been waiting to hear those words for a long time. Witness.

What I have witnessed was serious enough for me to be concerned for the community here in Lake Isabella as well as the people from Sierra Kings District Hospital in Reedley, where Ott left after being charged with elder abuse. Sierra Kings filed for bankruptcy shortly after Ott left.

By changing me to witness status, it could be a way to keep me from knowing what is going on, but they did deny KGET Channel 17, but I'm not sure why as they didn't use any video, weren't even at the court room, and the story was basic using archive footage.

KGET could try to get back in court, but as of now I will discontinue coverage until I know exactly what they want from me.

Judge Lua told me I had to leave because I was a witness and I stepped out. But I still wonder what happened today.

They want a fair trial or preliminary for Ott, Pormir and Hughes, maybe take it up to Fresno County...probably not. I do understand that they want to be treated fairly, but what about the patients in this nursing center, their families and the employees at the hospital? I suspect they want to be treated "fairly" as well.

When I got home I couldn't stop thinking about the media issue, so I called the court and asked if I could write a letter of explanation or apology to the judge regarding the misunderstanding about the video. I was told that there were no ex-parte, private communication with the judge. If I wanted to do this, it would be put in the case file.

Since that would take too long, I will just do it on the blog...next post.

Now, who will be covering the preliminary hearing as I just read on the computer in an article out of the San Francisco Chronicle titled: "Elder abuse cases drop under Jerry Brown."

I found this disconcerting and will put the link at the end for all to read.

We know the Kern Valley Sun Newspaper won't cover it, nor QAB radio with jock and KVHD board member, Bob Jamison (the only two other news organizations covering the valley). And TV is all about the pictures, which leaves The Bakersfield Californian.

So, for now, I'll hope that the court, the law, and the state can manage to keep this "can of worms" from wriggling out of the can thereby missing those big trout, and I will play by their rules.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/08/22/MNTS1EVGL3.DTL